MR. JUSTICE CONOLLY'S REMARKS A PROTEST.

New Zealand Herald, Volume XXVII, Issue 8361, 15 September 1890, Page 3

MR. JUSTICE CONOLLY'S REMARKS A PROTEST.

TO THE EDITOR.

Sir,—ln reference to the late Wairoa murder case, I would like to call attention to one or two matters that appear to me to be incompatible with soundness of judgment on the part of the learned Judge who tried the case. It appeared in evidence that the accused was seen by witnesses during nearly twelve hours in the Northern Wairoa Hotel, and that he was also seen drinking at least three times, that one of his own witnesses describes him as shaking "Yankee Grab" with the landlord and drinking with him. It was also given in evidence by the doctor who attended Funcke, that if a person in his emaciated state of health, who had been living on poor food, took one or two glasses of spirits it would greatly excite him to such an extent that he would not know what he was doing, _ But in summing up, His Honor said the evidence showed Funcke's state was not brought about by drink, but that his whole conduct was incompatible with soundness of mind, and the evidence of prisoner's insanity was very strong. Yet in the face of this, His Honor, according to the report, seems very much exercised in mind regarding the statement made by the prisoner :to Constable Carr regarding his money | and his ticket (a very small piece of thin paper) and he throws suspicions upon two respectable witnesses who had the pluck to go out at night and track the man, who had spent at least ten hours in an hotel, and was then blazing away with a loaded revolver. I suggest that it is reasonable to suppose that Funcke's money had found its way into the till of the house where he had played "Yankee grab;" and as for the ticket, that will be found in very small pieces 011 the unswept floor of the Dargavilla Court-house, where Dr. Norton extracted it, along with the small shot, from Funcke's wounds. If the prisoner was not accountable through insanity for his action in killing | poor McLeod, little or no reliance should be placed upon his statement, and suspicion of having stolen his money ought not to be cast without reasonable {.'rounds upon the two or three volunteers who effected his captur< This utterance of His Honor was precedes by other official utterances, that they (sane' witnesses) might have had to stand their trial for murder, and would probably have been hanged.-I am, &c., E. Hai>rill.