THE GUMFIELDS TRAGEDY.

New Zealand Herald, Volume XLV, Issue 13650, 18 January 1908, Page 6

THE GUMFIELDS TRAGEDY.

STUART CHARGED WITH

M ORDER.

COMMITTED FOR TRIAL.

[FROM OT-K OWN CORR.ESPONDEXX. j

Hele.nsvillk, Friday. At the Hetensvillo Police Court to-day William Stuart was brought before Mr. Dyer, S.M., and charged with the murder of Edward West, at Kaukapakapa, on (ho 7tb inst. Mr. Mays prosecuted for the Crown, Chief-Detective Mar-sack representing the police. Accused was undefended.

John James Hinds, the first witness called, said he resided with his mother-in-law {Mrs. Shanks), and was at home on the 7th inst. Ho knew accused, and saw him at Mrs. Shanks' house on that day. He heard accused say, "I am a murderer. I have murdered West, and you wiil find his body under a tree." Witness caught his horse, and went to the camp straight away. He first proceeded to Stuart's tent, and found the axe, which wa3 covered with blood on both sides. He then looked about, and found the body under a tree. There wero wounds on the side of the head, which wero not then bleeding. The body was in a halfsitting, half-lying position. Witness rode away at once and telegraphed for the police* at Ilelensvillc, and then returned to Stuart's camp. When he returned the body had been shifted, and covered, over with a rug, and Mr. Hawkins and Stuart were there. Stuart asked witness if the police wore coming, and told him to seo if the man was dead. Continuing, Stuart said he had taken the axe out to chop some wood to make some tea, and boil some eggs for WestWest noticed somo gum in the tent, and said he had sold 201b of gum and Stuart had only sold 51b or 71b. At that Stuart said ho hit West, on the top of the head with the axe, and knocked him down. Accused was sober and sensible, but looked as if ho had been drinking. James Shanks, labourer, residing near Kaukapakapa, deposed that ho knew Stuart. Ho saw Stuart and West oil the 6th inst., and they passed hie piaco going to Stuart's camp. Stuart asked witness if ho cared to have a drink of stout or beer. They had a kit with something in it. At that time the* men seomed to he the best of lriends, and he had never known them otherwise. On tho afternoon of the 7th inst. witness was in his mother's house, and accused came in and said, " I am a murderer. Mrs. Shanks gave similar evidence. In reply to the Bench, accused said he had no questions to ask, remarking, " It. is all quite true." Joint Cuthbert Hawkins, inspector in the Department of Agriculture, Auckland, deposed that on the 7th inst. ho was near the Kaukapakapa Hotel t when he saw the witness Hinds. As a result of what he learned from him, he rode out to Stuart's camp. He met Stuart on the road, and asked him if he had heard of a man who had been chopped on the head with an axe. Accused replied, "Yes; he is down in the teatree, stiff. I killed him." Witness vent with Stuart to a spot about two chains off the track, where a tent was "pitched. Stuarttook him to where the body lay, about syds or 6yds from the door of the tent. It was covered up with a nig, and was lying on its right side, there being a large wound on the. crown. Accused became talkative, and said that West had remarked, " I see you liavo some gum in a box there. You ought to sell it. I've sold ail mine." Accused said, "No, I won't sell it." West then applied an epithet to accused, who struck him 011 tho head with and ho " dropped liko <> cock." Witness noticeda lot of empty beer bottles about the outside of the tent.

Max Meinhold, medical practitioner, practising at Ilelonsvilie, said that on the 7th insl., in company with Constable Tapp. lie went to Kaukapakapa, and saw the dead body of West lying near the tent covered with nigs. Witness made an external examination, and found a wound about 6in long, starting from 4m from the outwardcorner of the left eyebrow, going backwards, and slightly deviating to the right. The wound had penetrated tho back part of tho skull about 4in in depth. It could have been inflicted with an axe like, tho ono produced. Death would bo practically instantaneous. George Ames -Tapp, const able, stationed at Helensville, also gave evidence. After ho had arrested accused, ho said that, he and West had been drinking, and they were friends. Chief-Detective Richard Marsack said he took, accused to Auckland on Mie Bth inst. Whilst- in his charge accused made no secret about what he had done. Ho laid great stress upon the remark which deceased had used reflecting upon his (accused's) mother. On the 10th inst" witness searched Stuart's camp, and found .1 bos containing a small ouantiiy of nnscraped gum near tho tent. There were also some two or three dozen beer bottles lying about. Tho place had the appearance of a recent carousal. West's camp, situated about a-quarter of a mile away, was also searched, but there were no signs of any drinking having been carried on there. Accused reserved his defence, and was committed for trial at the next sitting of the Auckland Supreme Court,