PUKEKAWA MURDER TRIAL.

New Zealand Herald, Volume LVII, Issue 17632, 19 November 1920, Page 8

PUKEKAWA MURDER TRIAL.

EVIDENCE BY THE POLICE.

TRACING THE HOOF-PRINTS.

ACCUSED'S ARREST DETAILED

QUESTION OF SECOND PARTY

The trial of Samuel John Thorn, charged ■with the murder of Sidney Seymour Eyre, at Pukckawa, on August 24, was continued tit the Supreme Court, before the Chief Justice, Sir Robert Stout, yesterday. Mr. J. C. Martin and Mr. R. P. Hunt appeared for the Crown, and Mr. R. A. Singer. Mr. 0. E. Stout, and Mr. W. J. (ratenhy for the accused, while Mr. F. D. M(Liver watched the proceedings on behalf of Mrs. Eyre. Eleven witnesses were examined during ihe day. On the adjournment being taken, Mr. Martin announced that that was practically the whole of the evidence for •the Crown, though ho did not wish formally to close his case. On resumption the cross-examination of James Granville, Glen Murray, accused's employer, wad continued by Mr. Singer. Referring to the occasion when the police were examining his horses in the presence of himself and Thorn, witness said the reason why he told accused that the police were picking on the horse Dick was because Thorn always had such a fancy for the horse. If he was shown to have given another reason in the Magistrate's Court it was in error.

Re-examined by Mr. Martin, witness said he did not think it would be possible for a stranger to have taken a horse from the farm and put it back again without Thorn knowing. " I Will Drag Someone Else In." William James Taylor, licensee of the Tuakau Hotel, said he knew the accused. He had met Thorn and a man named Shugar at his hotel after the murder of Eyre, and before the arrest of Thorn. Witness had been talking with accused. He introduced Thorn and Shugar, saying that the latter was a reporter. Accused appeared to be doubtful until re-as3ured. They talked for a time, and witness left the other two. When he returned accused asked "What do you think will happen?" Witness replied, " I think they will get you or get someone." Accused replied, " If they get me I will drag some other —— in. There is someone nearer the end of the rope than people think." Witness replied, " I think you are very foolish to talk like that."

A. M. Shugar said he was present at the conversation detailed by the previous witness. . When re-assured that witness was a reporter, accused said " You never know what strangers are these days." Some conversation followed about land and farming matters, and then accused asked Taylor what he thought would happen. The latter replied, " J think the police are bound to get someone." Accused made reply as described by Taylor, who, responded: " I would not say that if I were yon, Sam. You know if you are innocent or guilty." " To Mr. Singer: Thorn's name had been freely mentioned in connection. with the murder, and a report hjid been published thafThornhad been arrested, though the arrest did not actually occur for some time after that. Witness was quite stfre Taylordid not say, "They will get you or some-' one," in answer to Thorn's question. <

Question of Smoke From Cartridges. John Henry Haliamore, of Onewhero, brother of Mrs, Eyre, who was present at Mrs; Eyre's first interview with the police, said'she appeared very disturbed at the time. Mrs. Eyre stayed with witness subsequent to the murder. . He had a neighbour riamed SpiHsbury, whose wife was Thorn's. sister. Witness described an occasion when SpiHsbury called and asked to see Mrs. Eyre, but did not. On another: occasion accused , came and inquired about the movements. of Mrs. Eyre. i ' John'SpiUsbury, the man referred to by the previous witness,- said that he went to place on accused's-.behalf merely to say that accused' was staying with Witness. W. H. Hazard, recalled, said he couild tell whether the left barrel of Thorn's gun "had 'Keen fired more recently or the right./roqre thoroughly cleaned. He had fired shot's with peters' ballastite cartridges, and would hot describe the resultant smoke as thick, like a fog. While tbe shot in English and American ballastite cartridges might be very similar, the wads in the Peters" cartridges were quite distinctive as compared with the English make. His own firm, in loading cartridges, generally used American wads similar to those found in Peters' cartridges. * Objection to Experimental Shot. Mr. Singer suggested that an experimental shot should 'be fired with one of these cartridges, so that the jury might observe the results. Mr. Martin . said that such; factors as the size'of the room, the colour of the* walls, ' the position of the window relative to the moon,' and /the aspect of the room relative to the moon would all need to be considered. If all the conditions were attended to he would laise no objection. His Honor said the temperature would also need to, be considered, as affecting the amount of smoke. . Mr. Singer said • that it was an import matter. ' * His Honor said that the experiment would have to be performed in the room, and it would be necessary to see that the conditions were the same as o.n the.night of the murder. A Mr. Singer : I will leave it to the jury to say if they wish to see it. Mr. Martin : Even if the jury -wish to see it, on behalf _pf the Crown I must object. His Honor : The matter of the temperature is the difficulty. Detective A. D. McHugh said that before joining the police he was a blacksmith. Being engaged in connection with the murder he searched the country over a radius of 20 miles from Eyre's house, examining horses* feet. He examined 1303 horses, of which 400 were shod. He found no shoe 3 corresponding with those produced in Court. He had measured the *hoe 3 and gave details of the measurements.

More Evidence Concerning Shoes. Thomas Wolfendale. a member of the ■police party which arrived at Eyre's place first after the murder, said he searched the premises for firearms. Apart from the shotgun and carbine produced he found none. He had had considerable experience of horses as an Imperial cavalryman and a mounted constable. He examined fresh horse-tracks outside the house, and saw some evidently belonging to an upstanding animal, which he would describe as a good artillery horse. It had a long stride, the hind feet overlapping eight or nine inches. The shoes produced were similar to the impressions he saw on the Toad. When the horse Micky was taken from Oranvii'e's place to Eyre's, witness rode him. Ho w.-><s 3 horse which bored to the right of th* road. The animal showed no signs of distress after the journey. Detective J. H. Sweenev said that in company, with Detective-Sergeant Cummings he examined the tracks en the load behind the Eyre's property. The shoes, produced, were compared with the tracks. They fitted exactly into the impressions on the road. The marks in. the fullering groove on the shoes corresponded villi the marks on the tracks. Sergeant J. T. Cowan, in charge of the Pnkekohe district, who was with the police party which proceeded to the house parly on the morning after the murder, described the condition of affairs when he got there. He gave an account of the search for firearm*;-"-" ammunition, and horse "tracks, which' corresponded with that j|iven. by other witnesses. Witness went:.; %a Granville's - farm iiafe- -RighA,

when accused was interviewed. Ho was found in his bed, apparently asleep, -with a candle burning on a box by the head of the bed. A gun in its case and 55 cartridges were found there. Cummings said to accused: " This gun has been recently cleaned." He replied: "I cleaned it yesterday or to-day." Further questioned about "when it wag cleaned accused repeated: " Yesterday or today." The cartridges were all Peters' " High Gun " No. 6 and No. 7. Detective-Sergeant James Cummings, who was in charge of the inquiries from the day after Eyre's death up to the time when accused was committed for trial, detailed the course of the investigations as described by earlier witnesses. He made sketches of the hoof-prints found in the vicinity of Eyre's property, and took the measurements. During the course of conversation on the day following the murder, witness asked accused where he was the previous night. The latter replied : " I am going to say I was not out," Witness said that he wished to know whether he was out or not. i Accused asked, " Did anybody see me out?" Witness said it had been reported that he was out. It had been so reported, but this had never been confirmed. Accused asked: "Were they talking with me?" And witness said he did not know. Asked whether anybody could nrove where he was the previous night, accused said Granville had seen him about four o'clock that evening, but ' nobody else had. When asked about his movements on the Tuesday night accused repeated : " I am going to say I was not out." To further questioning, he made a similar response. He was specifically told to say nothing in confidence. Mrs. Eyre's Statement Eead to Accused. Detective-Sergeant Cummings described the examination of the horse Micky, and the removal of the shoes. 1 When told that the shoes corresponded with the marks on the road, accused | turned white. Asked whether anyone could have taken Micky without his , knowledge, Thorn said he did not think so, as it was very difficult to get out if anyone did not know the place. Witness corroborated the evidence that had been given concerning the comparison made between the shoe-marks on the road and the shoes taken from the horse Micky. On SeDtember 2 witness interviewed Thorn, stating that statements had been, made bv Mrs. Eyre and her two sons. Accused asked what Mrs. Eyre said abouthim. He added that he wished to give the police all the assistance in his power. The statements were then read to him,; and he made a further statement. Witness proposed to read Mrs. Eyre's statement, and Mr. Singer made a formal objection, which was noted. It was then agreed that the statement should not be read, but handed to the jury for perusal. Accused's statement in reply was then read. Thorn's Conversation With Police. On September 4, continued witness, he interviewed accused again, and told him about the statement he had been reported to have made at Tuakau regarding pulling someone else in if arrested. He asked accused to say who that was, and the latter refused. Pressed to say who it was, accused said;: " No; I won't say. No stranger did it anyway. It must have been done by someone having , a "knowledge, and no stranger could have done it." He added that he did not suggest Mrs. Eyre or any of the family had done it. Thorn was then confronted by Mrs. Eyre, and they had a conversation, which witness noted. This was the conversation at Tuakau referred to •by Mrs. Eyre in evidence. Witness then read his note of the conversation, This took place after accused had refused to say who it was to whom he referred at the Tuakau Hotel. At that time'accused said he had heard that there were two shots fired. He also said that if two were fired in quick succession the person concerned would have his arm grazed against the window. Before leaving accused again said he would not say whom he meant that he would drag in if. arrested. '■'

On September 11 accused was arrested and charged with the murder. He said "Right oh." and was taken to the police station at Tuakau. When advised -to get a solicitor, he said: What good could a solicitor do for me how?" Accused eaid further: "Don't he too hard on me. A man doesn't want to be too callous." The oills, of which mention had been made earlier in the case, had been handed to witness. They had been given to Professor P. P, Worley, of the Auckland University College," for " analysis. After a few questions by Mr. Singer, the Court was adjourned until this 'morning-

(Published by Arrangement.)