Tragedy at Porangahau

Manawatu Times, Volume LIX, Issue 7470, 22 May 1934, Page 7

Tragedy at Porangahau

Capewell’s Trial Proceeding fn Supreme Court ALLEGED MURDER OF STATION HAND Per Press Association. NAPIER, Last Night. The Supremo Court criminal sessions opened this morning before Mr. Justice Blair. There was a light calendar, including the Dannevirko car hold-up and a charge of murder against Henry Capewell. The latter case is being taken first, accused being charged with murdering John Williams at Porangakau on March 11 last. Walter Thomas Burge gave evidence detailing incidents which led up to the scuffle. He said that Williams was jovial, but later became quarrelsome, and rushed accused. They were separated, but deceased followed the accused back to the kitchen. Capewell was then sober, but deceased was “well gone.” Witness later saw the two men locked together. They were again separated, and Williams collapsed and died a few minutes later. Witness said that deceased was the aggressor throughout. Cross-examined, witness said that Williams was fairly well under the influence of liquor and would not have been able to defend himself. John William Helm, foreman on the station, said that, shortly before the fatal struggle, he saw Williams and Capewell struggling on the grass. It was a very harmless struggle and lie did not see any blows struck. Ho and Budge separated them. Witness said that Capewell was not drunk. After a while Capewell said he would like to go to bed. Witness replied that Williams was in liis bed and had been there kalf-an-hour. Capewell said: “Oh, well, let him have half-an-hour. ” Witness said that Capewell appeared to believe him when he told him that Williams was asleep on his bed. Capewell appeared to be quite unconscious of the fact that a tragedy had occurred. Howard Mills, a shepherd on the station, gave similar evidence saying under cross-examination that, when he saw Capewell, he was very excited and appeared to be sobbing. He did not seem to know a tragedy had occurred. To his Honour, witness said Williams appeared to bo about 30 years of age, well set up and powerful. Capewell he thought to be between 55 and GO and not athletic. Capewell, more or less sober, was no better fighter than Williams, drunk. “If both men were sober,” said his Honour, “what would be the position 1 ?” Witness: Capewell would have no chance whatever. Dr. Cutlibert Raymond, of W'aipukurau, gave evidence concerning Williams’ injuries. With regard to the fatal wound he thought it could not have been self-inflicted. It would have required a good deal of force to drive a knife to the depth of the wound. Capewell smelt strongly of drink when he examined him soon after the struggle, but his speech was quite normal. He appeared to be suffering from shock. He saw no marks or blood on accused. The Court adjourned until to-morrow. Bayly Case Opens SMALL CEOWD AT COURT. Per Press Association. * AUCKLAND, 'May 21. Contrary to expectations, there was only a small crowd at the Supreme Court this morning, when the trial of William Alfred Bayly on double murder charges, was opened. Bayly, aged 28, a farmer, was faced with separate charges of murdering Christobel Lakey and Samuel Pender Lakey, on October 15tli, 1933, at Ruawaro, Huntly. The Crown Prosecutor, Mr V. R. Meredith and with him Mr F. McCarthy, prosecuted, while Bayly was represented by Mr E. H. Nortlicroft and Mr L. P. Leary, instructed by Mr R. B. Lusk. Mr Justice Herdman is on the bench. The first of the public to arrive outside the Court was a blind man, who commenced his wait at 8 o’clock. By ten, the crowd outside the Court comprised only about 150 persons, formed in an orderly queue. They filed in just before ten, in orderly fashion, the men being admitted to the rear of the courtroom and women to the gallery. Women were in the minority. Seven jurymen applied for exemption, but only one application was allowed. Bayly was then called, and pleaded not guilty. In the final selection of the jury nineteen were challenged, five of these by the defence. Shortly after the adjournment, and the Court had resumed, the Judgo announced that the jury would be taken to Ruawaro in the afternoon to inspect the Bayly and Lakey properties. The jury are not expected to return until 7 p.m. During the remainder of the day, the Court officials will he busy arranging exhibits, which total over 250, and range from tiny phials to portions of a batten and of a wall, a pair of wheels and a sledge.