THE MERCER TRAGEDY.

New Zealand Herald, Volume XLII, Issue 12759, 9 January 1905, Page 5

THE MERCER TRAGEDY.

MURTON CHARGED WITH MURDER. ,V; INQUEST ON MRS, DILLON. ' . . STORY OF A MANS HANDPRINTS. : VERDICT OF THE JURY. The inquest on the late Mrs. Mary Dundoii Dillok, the elderly woman who fas reported in out issues of Thursday a.nd Friday last) was found lying dead on a couch in her residence at Mercer on the evening of Tuesday, the 3rd in St., was resumed at the Mercer Courthouse on Saturday morning, before Mr. G. P. Ewiri" J.L'., acting-coroner, and a jury consisting of Messrs. W. Scott Hunter. J.P. (foreman). It, E. Beamish, F. Coleman, T. Collins, M. Gallery, and I. Wilson. Detective Mcllveuey conducted the inquiry on behalf of the police, Constables Waterman (Mercer), and Rock (Huntly) heme also present.- Mr. P. E. Baume (instructed by Messrs. Russell and Campbell) appeared to watch the proceedings on behalf of William ! Murton, who had been arrested on suspicion, and charged with manslaughter in connection j with the case. The witnesses whose absence I on Friday last had occasioned the adjournment were in attendance. SUMMARY OF PREVIOUS EVIDENCE. At'the first stage of the inquiry, which was opened on. Wednesday last, the principal witness was Margaret Robinson (aged 13) , who stated that on going to Mrs. Dillon's house between three and four o'clock on the afternoon of Tuesday last, the deceased was lying on the sofa fully dressed. There- were two men (strangers) in the house, but they left when witness went in. Witness asked deceased what was the matter, and the latter replied that she did not know. Witness, aftei cleaning up the house and lighting'the lire, left the house, there being then, no men about'. On returning to the house between four and five o'clock she heard (on reaching the verandah) someone moving about inside, with, an apparent kicking or / shuffling of feet. When she had been outside about 10 minutes William Murton, who was apparently under the influence of liquor., came out of the house, and, in answer to a question from witness, he said that Mrs. , Dillon was asleep. Ha then mounted his horse and rode away. Witness and her sister then entered the house. Mrs. Dillon was apparently asleep, but their efforts to awaken her failed. Witness went home and told her mother, and on again going to the house later in the evening, she found Mrs. Dillon still in the same positon. Her father,. Henry Robinson, then went to the house, in company with John Barron, and (as stated in his evidence at the opening of the inquest) found that Mrs. Dillon was dead. . The following additional evidence wasi taken on Saturday': — j EVIDENCE AS TO MUBTOFS j MOVEMENTS. ) Margaret Robinson, recalled, at once picked out from amongst the persons in the body ! of the Court the two men whom she said , 1 she had seen in Mrs. Dillon's house on her I first visit. j Detective Mcllveney: Did 3'ou see Mur- ; i ton there?— Yes; he was outside the house ■ i with about three or four other men. . , j Witness (continuing) said that Murton and t i the men with him left the house. She did ' j not notice whether Murton and his com- ! panions left with the two men whom she , " > i had identified in Court. She remained at • the house for about half-an-hour after the [ men left. ■ ■' 7/<? Detective Mcllveney: After the two strangers left, who was the next to call? Mr. Murton came back. I saw him (through i the window) coming in at the front gate on horseback. He knocked at the hack door, and) v I answered the knock He bad then dismounted from the horse. He asked me if Mrs. Dillon was in. I said "' Yes." He said he wished to see her. He asked me to hold his horse, and then went into the ] house, where he remained about five minu-. , fces. _ '■;.',; Did he close the door? Yes $ he pushed} it back. M Where were you standing at that time?-ii On the step of the back door,, holding thv horse. i What happened when, lie come out?— l; -' , ; took his horse, and went away, and I wenfc ' i back to Mrs. Dillon. , i ./Did she say anything about Murton'si » | visit:'— _ I 'The Coroners Did you hear any noise or " j talking when you were holding the horse?— . i No: I heard no noise or speaking of any, • kind. -. •.:; ;, There might have been speaking without) , you hearing it?— There might have been. Was the matting of the room ruffled dur-i 1 ! ing your first visit, or did the deceased say J anything about money or men?— No. ' v; COUNSEL DENIED LEAVE TO ; CROSS-EXAMINE. I Mr. Baume said he desired to ask the , witness some questions, but Detective -. ' ] Mcllveney said that such a course would 5 be most unusual and irregular at such inl j quiries. Mr. Baume: Oh, very well if you ob« . ject I shall sit dowu. Detective Mcllveney: Yes; Ido object. ? Mr. Baume: If I am to understand that , ; an accused person has no right, through his , j counsel, to ask questions of a witness, I am , satisfied. Detective Mcllveney: I will leave the matter to the coroner. / The Coroner: If you have anything ma- / : terial to ask the witness, Mr. Baume, I will .'/:, ( put the questions. /'• Mr. Baume: If I am not to be allowed to" / ask questions, I will refrain from saying / anything further. / ' The Coroner: This is simply an in-/ quiry into the cause of death, and there/ is no question of any accusation, but I ' -' am perfectly willing to put any questions. Detective Mcllveney: No person isj charged before this Court. ' i 1 ) Mr. Baume: I wish te ask questions .' '. i in the interests of a person who, if he is j not charged before this Court, is, nevertheless, an accused person. I have never known counsel to be prevented from ask-' » ing such questions before. The Coroner said lie would uphold the • objection. '-' Mr. Baume: I have known questions t to he asked by counsel at inquests time ' after time. Tho matter is a serious oue 5 and every latitude should be allowed. Detective Mcllveney: Tho man is not charged. Mr. Baume: That is ridiculous. The man is here in the Court in custody, and it is a farce to say that he is not charged. Detective Mcllveney: He is not charged before his Court. THE MEDICAL EVIDENCE. Dr. James Dalziel, residing at Puke-, kohe, said that a* the request of the _*" police ho had visited the deceased's house on tho day following the death, in.com- " pany with" Detective Mcllveney and Con- - stable Waterman. The kitchen was in a. ; ■ 5 j disturbed condition. The coverings of the -, ' floor were crumpled up, ana the floor be-, ''■ tween the window and the table was - ' ! strewn with a number of small articles, ap- '.-; " . parently the previous contents of a, long t ' cigar box, which was lying upside down . I over a portion of them, and also partly > over the crumpled floor covering, there being a small clear space upon the table . ' just, above where they were lying. The ' table was mostly covered with a pile of ■'.'■■ > clothing, etc., two tumbler glasses, .each containing a few drops of liquid, apparent- / •' . ly beer. There were two or three lollies , on the floor alongside the couch on whteh ' the body was lying. --* lollie was also j '" clasped in the hand of deceased. Tho- ■ table was in front of the couch, the contents of the cigar box opposite the foot of .

f the couch, and the lollies opposite the centre of it. On© of the glasses on the ;1 '• table was opposite Mrs. Dillon's chest, and •' the other opposite her legs. The first one ;' was within her reach. The body was covered with a rug. The feet, which had slippers on, were not covered. The right erra was hanging down in. front of the '"'., '-couch, the shoulder being near the edge. : . The body was on its back. Witness removed the rug, and made a minute exami- " nation of the body and clothing, the result of which ho gave in detail. There were various abrasions and bruises of re- . cent formation, and the clothing was disarranged and slightly torn. There was also frothing at the mouth and nostrils. The mouth and the eyes were closed. A MAX'S HAND-PRINTS. Witness said that later on in the same afternoon, by direction of the actingcoroner, he made a post-mortem examination, and in addition to what he had already described, he found a bruise about the "size of a hand on the left side, juol above and behind the left hip joint, of old formation. Across the left arm, just below the elbow, which was slightly bent., there was a, deep depression, which had been made bv the four ringers of a hand. The Coroner: Was the impression »uf.ficientlv distinct to enable you to say whether it had been made by a large or small band'.'— belief is that it. was caused by what 1 would call a small hand that is, small for a man. Detective Mcllveney: The doctor has the measurement, of the marks, and 1 would like to have that. The Coroner: Was the depression smaller than deceased's own fingers would have made. I am net suggesting that she made the marks herself, but I am putting the matter in this way so as to get an idea of the size?—lt was not any larger. J do not think deceased could have made the marts herself. Do you think it could have, been caused bv a small woman's hand?—No, the lingers ere too wide. It was a man's hand. "'- The Coroner: Perhaps you will give ne the measurements. Witness said that he measured the depression with an inch tape. Measuring from the centre of the little finger to tho centre of the fore-finger, the distance was just within 3Ain. HeTthougnt it, was 2-|in. He made no note of it, but he made a mental comparison with his own hand at the time. Ho could only tit his own fingers into the depression by straightening out the arm. ( MURTON'S HAND EXAMINED. Mr. Baume said that although he was nob allowed to ask questions, he might be permitted to suggest that the witness should look at. Murton's hand. Detective Mcllveney: More than that man had hold of her that day. Mr. Baume: Well, it was not that man. The Coroner: Have you seen Murton's hand?— I measured* it in the presence of Inspector Cullen. and it is larger than the mark on the deceased's arm. It would make a larger depression?—l think so. ,' The witness then, at the suggestion of the coroner, crossed over to Mutton, and, in the presence of the jury, compared his cwn hand with that of Murton by placing . one on the top of the other. - The Coroner: Are you .*atisiiect that Murton's hand would make a larger imv pression than your own?—l think eo. I want vou to be certain?—ics. The flesh, of course, is elastic, but -after hav- .' in-"- examined Murton's hand, I still think that these marks were caused by a smaller band than his-. I could just get my hand into the depression by holding the fingers close together, and Murton's hand is larger than mine. . . The Coroner: It seems evident enough from the comparison just now that Mur- . . ton's hand is too large for the prints. WHEN WERE TEE MARKS CAUSED* • The Foreman: When do you think the marks were caused on the woman's arms?— " They must have been made immediately prior to death, as otherwise the marks would have vanished. The dress pressing on the arm would assist the retention of the marks. , . % Supposing that the prints were made immediately before death, would they alter in .' size within two days after death?— • is a question I cannot answer. I do not -'-'■•" know. I do not think they would alter. Would not the elasticity of the flesh tend to reduce the size of the prints made on the ■' : arm of a living person as the arm rose up after the depression.— Not the measurement from centre* to centre. That would remain the same. -"•:.' A HAND TO PIT THE MARKS. ' ' On the Court resuming after the luncheon adjournment, Mr. Harry, T. Gillies, a subsequent witness in the case, was called forward, and Dr. D-ikiel .was asked to examine $ V his hand. _ , 'Dr. Dalziel, after examining Mr. Crime* ; hand, said that it was much more likely to have caused the marks on the...deceased's arm than the hand of Murton, his (Gillies') hand being smaller than his (witness') own. Detective Mcllveney said that this point I . was not of much importance, but it would \ be as well to have the witness answer. Z THE POST-MORTEM EXAMINATION. In continuing his description of the results of the post-mortem examination, Dr. Dalziel said he found a fatty heart-, a fatty ■'•'*.". and enlarged liver, and kidneys a little paler than normal. The stomach contained only about a table spooiiful of dark semi-liquid. The inner surface of the stomach was very much inflamed or congested. The bowels were distended with gas, and almost empty. " A The other organs were normal. Death, in his opinion, was caused by heart failure, brought about either by fear, or as a result s of exertion, reacting upon a weak and diseased heart. He had known deceased's heart to be weak from examinations which he had made during her life. This examination .had been made at deceased's request early last year, she having said that she might be found dead some day, and she did not k '' want him " cutting her lip." Witness knew " that deceased was addicted to alcohol, and ; the internal auditions mentioned were consistent with that fact. ,■ - , The Coroner: In speaking of exertion, ' V what do you mean?— exertion of resist- '..',. ing a' person assam-mg her. 'Would the exertion of violent retching 'cause death? —It might, but I cannot say ? r whether.it.did in this case or not. Witness said that, from his knowledge of the deceased, he believed she would resist • an assault to the uttermost. The exertion mentioned might have been either that 1 caused by severe retching or by an attempt \ at self-defence. The Coroner: Do you still say that yon ".''■' think the marks of the fingers were made just before death?— Yes; from the degree of depression found, the marks must have been made only a short time before death. THE QUESTION OF ASSAULT. Detective Mcllveney : Having examined the body, do you think that a brutal assault Lad been committed'? V ' Mr. Bourne said that he must protest against this style of examination. . The detective, he said, must know that lie had no right to assume guilt on the part of anyone ■ during the present inquiry, and that he had no right to ask the witness any questions except as to what, in his opinion, was the cause of death. The Coroner said that perhaps Detective "■ Mcllveney would put his question in another form. Mr. Baume: I do ; not know whether the ■. . detective is trying to rule you as well, sir. The Coroner: The detective is only doing his duty, and I am trying to do mine. ■'■ Detective Mcllveney then asked witness i whether he was satisfied that an assault hud \ been committed • upon deceased prior to •'; death. In reply to this and further ones- i tions on the same point, witness said he ■ ■' believed an assault had been committed upon i the woman just before death. He did not think that there would have been such abrasions as he found on the body if there had been consent on the part of the deceased. ~ It was exceedingly probable that death took place whilst the assault was being com- ■ mitted. Detective Mcllveney: Did not the condition and position of the body suggest that the perpetrator of the assault left hurriedly?— Tie might or might not have left in a : hurry. -Mr. Baume again objected to the style ' of examination, -and said that the detective was trying to give the evidence himself by suggesting it to the witness in the form i of leading questions. , [

i Witness, in answer to a question, as to i the theory of death from syncope caused by retching, said that the position of the de- : ceased's limbs and clothing was not con- : sistcnt with that theory. Detective Mellveney: What is it con- , sistenfc with?—lt is more consistent with ! the theory of death from syncope induced either by fear or by strong excitement. EVIDENCE OP A VISITOR. John Cruickshank Ogilvie, flaxmill hand, residing at Waitakaruru, said he had seen deceased twice. On the Wednesday before Christinas he left bis horse at deceased's paddock, and paid her three shillings for a fortnight's grazing. He pur his saddle and bridle on the verandah. He returned to deceased's house about two o'clock on January 3, in company with George Mclvor. He did not. see anyone else in the paddock I hen. He knocked at. the front door, and. receiving no answer, he went to the back door, ill's. Dillon was standing just inside the back door. Ho asked for his saddle and bridle. Deceased said, "There, they are" (pointing to them), and she immediately commenced to tremble, and dropped on (he floor. Witness picked her up and put- her on the couch. Ho then went and called Mclvor, who gave her some whisky in a cap. She then seemed to revive. Witness then went j out. to catch his horse, and, having some | difficulty in this, Mclvor went to his as- j sistance. Having got his horse, he led it outside the gate, and went to talk to the rest, of the boys. Detective Mellveney: Who were the rest of the boys?—Bill Mutton and another man named Sommervillo were there. Gillies just then came along and went into I the house with Mclvor. Presently Mclvor came out. and we went away together. That is all I know about it. , Detective Mcllveney: Where was Mur-! ton then'.''—l think he was on the road talking to the others. Was there any other horse in the paddock?—Xo, mine was the only one there. In reply to the coroner, witness said he did not remember exactly the position in which he left deceased on the couch. Her clothes would not be disarranged in placing her on the couch. Mr. Baume: I am not allowed to ask questions, but did not the girl Robinson speak to this witness? it was to Mclvor. MRS. DILLON'S ILLNESS. George Mclvor, engineer, residing at Waitakaruru, said that when lie went to deceased s house on the occasion mentioned by the last witness he saw Mrs. Dillon lying ill on the sofa. He gave her some whisky in a "cup, and then assisted Ogilvie to catch his horse. He was in the house about live minutes. Deceased's right arm was hanging down over the couch. There was no rug over her. Did anyone else come in while you were —Yes, after Ogilvie left a Maori man came in. and I asked him to go over to Mrs. Robinson's to ow.ain assistance for Mrs. Dillon. I gave him a note to Mrs. Robinson. Witness identified the note, which was produced by Detective Mcllveney, and which read as follows:—"Please Mis. Robinson, will you kindly come over to Mrs. Dillon, or send your daughter, as she is very bad.—(Signed) George Mclvor." Detective Mellveney: Did you see the Maori after that?— Yes, he, came back and left again. After he left I went to help OgiMe'to catch his horse. After Ogilvie got hia horse I saw Gillies, and asked him to go with me into the house to help the woman. Gillies went in and asked deceased one or two questions as to her. illness, and felt her pulse. He also asked witness to open the windows. Witness did so, and also opened the door. The I blinds were up then. The girl Robinson came back, and expressed concern as to ' Mrs. Dillon's condition. Gillies asked the j girl to stay and make the woman comfortable, and also to make her some bread and milk. When the Maori man returned from Robinson's, a Maori woman was with him. These two -were standing on the road when witness left, and the girl Robinson was still in the house. Detective "Mcllveney: Did you see Murton? —Yes. he was in the yard with others when I left. Who were the others?— There was Sommerville and Mr. Gillies. The Coroner: Was Mrs. Dillon sick whilst you were —Yes, she was very sick, and vomited about 20 times whilst I was there. Detective Mellveney: How long were you there? —About ten minutes. Detective .Mellveney: That would be about twice a minute. Mr. Baume: That is quite possible. The Coroner: Did she fall off the couch at all?—Xo, she only fell once. I held her on the couch whilst she was vomiting. Detective Mcllveney: What was Mur- ' ton's condition when you left him?—He was perfectly sober. I had been with him from about eleven o'clock. The Foreman: When you gave Mrs. Dillon the whisky, did she take the cup in her hand?—No, I took her by the arm and helped her up and poured the liquor ! into her mouth. MR. GILLIES GIVES EVIDENCE. Harry Thomas Gillies, flaxmill owner at Waitakaruru, said he vent to Mrs. Dillon's with Murton on the afternoon of Tuesday last. When they got there Mclvor asked witness to go in to see Mrs. Dillon, as she was ill. Witness went in by the back door. Deceased was lying on the couch in a reclining position. He felt her pulse. It was very weak and irregular, and she was perspiring at every pore, ne asked her if her bowels - ere open, and she said yes. He also asked her when she lasthad food, and she replied, '* About three days ago." Mclvor and witness had a conversation, and agreed that it was a case for a. doctor at once. The place was in a fearful state, and witness asked Mclvor to open the doors and windows to admit some fresh air. The Coroner: Was the floor-covering crumpled?—l could not say. but the room was in a state of great "disorder. I did not pay particular attention to any of the articles in the room. Deceased Mas sick whilst I was there, and Mclvor and 1 lifted her up to vomit. How long were you there?— About ten minutes. Detective Mcllveney: She appeared to be very ill?— I thought she was dying. 1 asked the girl Robinson whether she could stay with the old woman, and she replied that she was afraid. I then asked her if she could get her mother to come, and she said she would tell her mother. I also asked the girl to make some bread and mi for deceased, and she promised to do so. Did you leave then?— Yes, I left at the same time as Mclvor. I left the girl Robinson with Mrs. Dillon. Was the woman's dress disarranged then?— Not as far as I nan remember. She was fully dressed. Where did you go then?—l went away with Murton to his uncle's place, where I left him. This Mould be about three o'clock, as the express was just steaming out. Did you see a Maori man and woman?— Yes: 1 saw them at Mrs. Dillon's, but as 1 was going away I saw them on the road, going away in the same direction as we were going. Did you see anyone else?—As we were going to Murton' uncle's place we saw three young men on the road, going in our direction, whom I did not know. 1 made a remark to them about the illness of Mrs. Dillon, and they replied, Oh, she's a prohibited person." Witness said that as lie was walking up to Mrs. Dillon's with Murton he asked the latter when he was-going to witness' flaxmill. Murton replied that he Mas going to the mill with his brother on the follow- . ing day, and that he was going to stay in Mercer that night. PROBABLE CAUSE OF THE HAND PRINTS. Detective Mbllveney: Did you remember taking hold of deceased's arm?— Yes, and I remember noticing how soft and flabby her flesh was. Do you think you caused the marks mentioned by Dr. Dalziel?—l may have done so, but I thought that I took hold of the right arm. _^_~ You takhnTe, after hearing the doctor's evidence, that you thought your fingers might have caused the marks? —Yes, I did. What I did in lifting her up was quite capable of making the degression spoken of, [ but I believe I took hold of the rigid arm.

Was Murton sober?— Yes; I should say be was sober when I left him. THE CONCLUDING EVIDENCE. Frank Gimhlett, hotelkeeper, said he saw Murton on Tuesday last talking to his brother outside the Mercer Hotel about three or half- three. He was holding his horse by the bridle. He was then slightly under the influence of drink. He appeared to be rather excited whilst in the bar of the hotel. Dorothy Smith, waitress at the Mercer Hotel, said she saw Murton about six o'clock on Tuesday evening last, when he had tea at the hotel. He then seemed to be under the influence of drink, but he did not appear to be unduly excited. He was quite civil, but appeared to have had a drink or two. Murton was asked if he wished to give evidence, and he replied that, acting upon the advice of his counsel, he would nut say anything at present. This concluded the evidence. THE JURY'S VERDICT. The coroner having thanked the jury for their attention to the case, the Court was cleared, and the jury left in the room to consider their verdict. The jury, after deliberating for fifty minutes, returned the following verdict: — "That the deceased died through heart failure, brought about by excessive excitement, caused by assault." The jury were then thanked by the coroner ami discharged. MURTON CHARGED WITH MURDER, At the conclusion of the inquest the prisoner, Murton, was formally brought before Mr. Ewing (sitting as magistrate), on remand, on the charge of manslaughter, which had been laid against him on Wednesday last. Detective Mellveney said that he would offer no evidence on this charge, which was accordingly withdrawn. Mnrton was immediately, on a fresh information,' charged with the murder of Mis. Dillon. The information, as laid by Detective Mcllveney, and sworn before Mr. Ewing, charged the accused with that he did '" on January 3, 1905, at Mercer, kill and slay one Mary Dundon Dillon." Detective Mellveney asked for, and obtained, a remand until half-past ten a.m. at Mercer on Friday next. The proceedings, which had occupied about six hours, then terminated. The accused 'man, Murton, was brought to Auckland in charge of Constable Rock on Saturday evening.