MURDER CHARGE

Nelson Evening Mail, Volume LXVI, 19 April 1934, Page 7

MURDER CHARGE

TRAGIC HAPPENING ON STATION HEARING OF EVIDENCE (By Telegraph—Press Association) WAIPUKURAU, 18th April. As a sequel to a tragic happening on: 12th March, Harry Capewcll, a cook,j appeared in the Magistrate’s Court this, morning on remand from Napier where he had been sent from Waipukurau Court, charged with the murder of John Williams, at Porangaliau. Mr H. B. Lusk, Crown Prosecutor at Napier, appeared for the Crown, and Mr C. G. Harker, of Waipawa, for accused. Continuing his evidence Walter Thomas Budge, employed at Papakihau station said Capewcll went towards the kitchen. Williams remained on the verandah a few minutes, and then said: “I’m going back to see Harry again,” and went into the wliavc and along the passage. Williams and Capewcll came out again shortly afterwards, and they were a little more stirred up. Then Williams took his coat off, and made a rush at the accused, who simply pushed Williams, and they both fell down. They were trying to hit each other, hut no damage was done, and both were separated. The accused went into the house again. The deceased was the aggressor, and he was following the other, man about. During the struggle Williams appeared unsteady on his feet. The accused, in witness’s opinion was sober, but was getting excited through being followed. Afterwards the accused went into' the house, and Williams sayc-d on the verandah. Witness and others were'trying to keep him away from the accused, hut he. went hack into the wharo, and said he was going to see Harry again. Witness went into his room, but wondered what would happen, and strolled towards the kitchen. He heard a scuffle and went to the dining-room. He saw ttlie two men at grips at the kitchen door. Williams had his back to witness. They were swaying about, hut were fairly upright. Witness noticed blood and pushed (lie accused away from Williams. He took hold of the latter, saying. “Good God, man, what have you been at?” The accused said, “My God, I’ve been trying to take the knife off him.” Witness saw nothing of a knife at the time, but blood was on both men, chiefly Williams. Witness called for help, and walked some distance with Williams, who collapsed. Witness noticed a wound on the. left side of the deceased’s neck. He let him down on to the floor, and he died practically immediately afterwards. He never spoke. The accused and Williams were the only persons lie, saw in the* kitchen when he separated them. He did not immediately look for +he accused. He noticed blood on the hitter’s hands and face. Capewcll later seemed worked up, hut was not so bad as Williams. Tie seemed to get on well with tiie men on the. place; and witness never saw the accused in a bad temper. Capeweir told witness that he was very hasty.

John William Helm (foreman of Papakihau station) saif. Williams was slightly intoxicated, hut not drunk. Accused appeared sober. Howard Mills, a shepherd at Papakihau station, said he heard Williams ask accused to fight. The hitter said he did not want to, but after barracking Williams made a rush at accused and a struggle followed. Henry Doran also gave evidence, stilting lie beard Williams ask Capowell to light, but the latter said lavas the older man and not able. Brian Francis Hughes said Williams’s real name was Leo McKee, with a middle name Patrick or Joseph His parents lived in Tyronno. COMMITTED FOR TRIAL Accused was committed for trial at the next sitting of the Napier Supreme Court.