KYEBURN MURDER.

Mount Ida Chronicle, Volume X, Issue 572, 26 August 1880, Page 3

KYEBURN MURDER.

R.M. COURT NASEBY, AUGUST 26. (Before H. W. Robinson. Esq., R.M., and M. J. S.' Mackenzie, L. W. Busch, and N. P. Hjorring, Thqs., J.P.'s.) Ah Lee (Alias Lee Tow) and Lee Guy were brought up on remand. The charges previously laid against them were withdrawn, and new ones substituted. The information first taken was against Lee Guy, on a charge of murder. The information was laid by Detective Henderson. Commissioner Weldon, with him Inspector Hickson, conducted the prosecution. Mr. Rowlatt defeuded Lee Guy. R. H. Browne, C,E , was the first witness called. He deposed that he knew the locality of the murder, and had made a scale plan of it. (The plan was produced.) The plan showed the house occupied by Mrs Young, the outhouses near it, Mrs Young's garden, the roads leading to it, the haystack in Marshall's paddock, M'Hardy's house, the hut occupied by Lee Guy, &c. The witness was cross-examined by Mr Rowlatt as to the depths of the dam and race. At this stage the question of interpretation came up. Mr Weldon wished Wong Ah Tack to interpret, instead of Wong Gye, as at the last hearing. Mr Rowlatt stated that Albert Leung Chung, the interpreter who had been engaged to watch the interpretation on behalf of the accused, was o£_ppinion that Wong Ah lack was not competent, and was unfair. He asked that Wong Gye should interpret. Mr Weldon said that Wong Ah Tack ha<3 always interpreted for the police in Dunedin, and was thoroughly trustworthy, Their Worships decided that Wong All Tack should be sworn to do the principle amount of the interpreting, but that Wong G-ye should also be sworn to be referred to in case of any dispute. ■.-,■... Wong Ah Tack and Wong Gye'werejjthen sworn. Alexander M'Hardy, carter, Kyeburn, sworn, said: He lived about "400 yds. ;froin. Mrs Young's house. Recollected the morning of August 4. Accused came to my place that morning about 7.30 a.m. In conse. quence of what he told me I went to Mrs Young's. He told ine Mrs Young "too muchee fall down ; too muchee die." He pointed to Mrs Young's house, and said, " House too muchee broke j you go down." On mrarrival at thd house £*saw]a chair at the right hand of the door on the outside. Saw a. hay fork (similar to that p -oduced) stuck m the ground, nearly in front of the door. Saw a brass candlestick outside the door, on the left hand side. The door was partly open, the hinge being off. It was hanging by the lower hinge. 1 entered the house. Saw the bedclothing, with the mattress, lying on the floor, and Mrs Young lying partly on the mattress. She was lying partly on her lef b side, with her back to the door. I observed blood all over the place, and on her face. She had a nightdress and petticoat on or over her. I am not sure which. I said, " Mrs Young, who's done this." She did not appear to take any notice. I knelt down, and reached over her, and looked in her face. I then repeated my question.- She muttered, in a scarcely audible voice, " bad man " or " bad men." The contents of the house were turned over. The bedstead was bare. I then said "Do you know me Mr 3 Young." She partly turned her head, took hold of my hand, and said " Yes, yes," as if she were choking. I think 1 was the first European there. I asked, "In the name of God, Mrs Young, who done this ?" She raised her hand, and pointed in the direction of her bed. Her feet were lying towards the bed. She then raised her hand her to head. She could move her hand pretty freely. She said again " bad men." I then left for my horse, came back in about 15 minutes, and found her a little weaker. She was still alone. I said, " Mrs Young, I a m eoingfbrthe police and the doctor:" She said, " Yes, yea." I then left for Naseby. I went to Mrs

McCarthy's on the way, and 'old her to go to Mrs Young's I have been her neighbor for the lasb ten years. The,residence of the accused is near Mrs Young's house He hns lived there nearly four years He is the nearest resident. On the night of the 3rd A-Uffust I returned between 11 and 12 o'clock, and did not go to bed till ten miuutes to 2. When I went to bed it was very dark, calm, arid misty or'hazy. Before I went I did not hear any sound, nor after. I have often heard Mrs Young's dog barking when I went in bed. I believe Mrs Young and the accused were on very friendly terms He used to frequent Mrs Young's place. He used to carry water and scrub for her, and work for her in different ways. I never knew Mrs Young's dog bark at Lee Guy, while he was frequentingfthe place. She had the do» for about three years. I could see Mrs Young's house from mine. The Court at 1 p.m. adjourned for an hour. Alexander M'Hardy was put in the box, after adjournment, and was cross-examined by Mr Rowlatt. I knew Mrs Young very well, and was on friendly terms with her. She usually went to bed between nine and ten o'clock. I left my own house between eleven and twelve o'clock on the forenoon of the 3rd. I was not doing anything particular that day. I had nothing to eat, as far as I know, from the time I left my own house in the morning till I returned to it in the evening. I may have had something at James M'Neil's. Had two or three glasses of beer at Archer's. Was sober when I got home. James M'Neil came home with me. He was sober. He stayed at my house from between eleven and twelve pm. till two a.m. on the morning of the 4th. We had supper, but not a drop of whiskey or beer, or anything of the kind. We were in the kitchen, the window of which is on the side of the house that is nearest to the house of Mrs Young. Can see Mrs Young's house from that window. There was no olind. The glass was quite bare of covering. I did not look out of the window towards Mrs Young's. Looked to wards Mrs Young's as I went into the house. Thers was no light in Mrs Yourg's Ihouse, and everything appeared quiet. Had a dog with me when I came home. I did not tie up my dog. He always remains loose in the house. Bid not hear any barking, or any unusual noise that night. Mrs Young used to keep a small curly dog. It would bark at anything. It would bark at strangers. Do not recollect seeing the dog on the morning of the 4th. Saw the dog about the house on the morning of the sth. After Lee Guy was in my house, and told me to go to Mrs Young, he said he was going to Forgie and Parker. I did not observe in what direction be went. Did not see Lee Guy at Mrs Young's house any time on the morning of the 4th. Saw Forgie there. Lee Guy did not appear out of breath when he came to my house. Mrs Young was not much in the habit of visiting her neighbors. She was very seldom away from home, except on Sundays. She was usually absent on church Sundays. Sometimes she would be absent from two to three hpurs. Am sure Mrs Young.knew me on the morning of the 4th. Am certain she knew what I said to her, although she was unable to speak. She spoke distinctly enough to make me sure she said "bad man " or "bad men." Do not think she was able to utter a man's name. When I returned, after getting my horse, 1 do not think she knew me. _ Did not see her alive again. Lee Guy was in the habit of calling Mrs Young, " me mamma." Have heard Mrs Young speak of Lee Guy in very high terms. Do not know whether she paid him for the services he rendered her. Know accused used to get milk from deceased every morning, sometimes at six or seven and at eight or nine - Have seen accused go for milk with a tin billy or pannikin. Did not notice a billy or pannikin at Mrs Young's house that morning, I do not know whether there was any water in the dam on the 3rd, but there was on the 4th. Mrs Young had the reputation of having money. Mr D. M'Gregor lately visited Mrs Young. I believe he went on the 3rd- Do not know whether his visit was of business or pleasure. I never borrowed money of her. Was just getting up when accused came to my house Did not wake till about 7 p.m. is a watch-dog, but did not make any unusual noise on the night of the murder. The blood about the house was fresh, and the*cut a 'above her right eye was still oozing blood when I went into her house in the morning. Left Sitting.