NELSON STREET STABBING

New Zealand Herald, Volume LXVI, Issue 20405, 6 November 1929, Page 14

NELSON STREET STABBING

GEORGE CAFFERY'S TlilAL.

;CASE FOR THE PROSECUTION.

FURTHER EVIDENCE HEARD

DETECTIVES CROSS-EXAMINED. Further cvidcsnco for the Crown was h'feard when tho trial of George Caffcry, labourer, aged 34 (Mr. Dickson and Mr. McLiver), on a charge of murdering Thomas Leavey at 119. Nelson Street, on the evening of August 2, was continued before Mr. Justice Smith in tho Supreme Court yesterday. Detectives 11. E. Knight and T. Sneddon, who were called by Mr. Meredith, the Crown Prosecutor, were closely questioned by Mr. Dickson regarding the connection of a man named Patrick Byrne with the investigations into the tragedy. Byrne appeared as a witness in the lower Crfurt, but ho has not yet been called by the Crown.

Beatrice Rushford, of Inverness, Wellington Street, said sho accompanied Lavinia Foster, a previous witness, to 119, Nelson -Street, on the evening of August 2. Witness and her friend pat with Leavy and Colo in the front room. Hk. appealance of Caffcry in tho doorway and the subsequent knocking at the front dooi after his departure were described by witness. Leavy went to tho door and she heard him say, "Get out of here; this is my house." She saw Leavy being pushed bick, and heard him say, "Dave, they have- knives to me." He collapsed on the bed saving, "I am done. Witness and

her friend left the house. David Patrick Carmody, a canvasser, I living with Leavy and George Colo at 119, "Nelson Street, said ho arrived at the house with a man named Gallot just prior to the time the heavy knocking was heard aIS the door. Witness heard a scuffle, and Leavy say, ' Get out. Fioni his position in the room witness could not see what was going on. Ho heard the 'front door bang and Leavy staggered into the room, his last words being Davy,

I'am gouo." Witness placed Leavy on ... the bed in the room and applied a shirt to the wound in his groin as a rough tourniquet. Eeplying to Mr.' Dickson, witness said he did not see a knife in Leavy s wound. James Gallot, who accompanied Carmody to lIS, Nelson Street, gave evidence of a similar nature. He had helped apply the tourniquet ami then went to summon the ambulance. He saw no sign of anyone outside the house. A Meeting with Accused.

. Margaret Langton, married, of 97, Nelson Street, described a visit paid by Cafiery to her house on the Friday evening. Witness was with her husband in the house at about 6.35 p.m., when a noise was heard ill a right-of-way. She saw a man removing a bag of potatoes fioirt a ' cart used by her husband in his business as a'dealer. Her husband struck a match and witness heard him say, "Oh, it is you Caffery." Witness told Caffery to put the potatoes down and lie did this, saying he did not want them. He said he wanted' to see Cole, adding he would kill the to-night." Witness informed Caffery that Colo was not then living with them, but had moved to Nov 119. James Langton corroborated tho evidence of his wife. Witness was 'crossexamined at length bv Mr. Dickson, who referred to the evidence given by lum in the lower Court. Witness said he had not stated previously that Cafiery had eaid he would kill Cole that night, but he was quite certain now that Caffery did make use of the word "to-night.". ' A sister-in-law of Caffery, Delia Mary Connor, said she visited his house in Wellington Street on the evening of August 2 and found Caffery there with two other men, O'Bullion and Byrne. Caffery had a,mark under one eye, which he stated was given to him by "a wild Irishman, meaning Bvrne. Detectives came to the house, shortly afterward and took Caffery arict his wife to the police station. Byrne said, "They will come back for me. I am in this."

Jury Visits the Scene. ""An inspection of the scene of the tragedy was made by the jury during the luncheon adjournment. On resumption, ), Frederick William Armitage, bacteriologist at the Auckland Hospital, was called. He testified to finding marks of human blood on a pair of black boots, a pair grey socks arid a. sheath knife produced. _- To "Mr. Dickson, witness said he had also -.examined a pair of tan boots and blue serge trousers submitted to hiin by counsel* Asked whether the blood could have been spraved on the articles artificially, witness "said this would be practically impossible in the case of the ''l propose to show that the trousers and tan boots belong to Byrne," said Mr. Dickson. "We admit the black boots are the property of Caffery." . Detective Knight described his inspection of 119, Nelson Street and the apprehension of Caffery at his house. Witness said O'Bullion and Caffery had had liquor but, were not drunk. Byrne was lying on a sofa and appeared to be in a state of ' helpless drunkenness. There were bloodstains on Caffery's boots and socks, but the clothing worn by Byrne showed no marks. Caffery was removed to the police station and Byrne was taken in charge later, being held 011 a charge of vagrancy. Witness said ho found the tan boots produced on the evening of tha tragedy in a wash-house at the rear of Caffery's house. The soles were dry and there was blue mould round the lower portion. The path from the road to the door of 119, Nelson Street was wet and muddy on Die night of the tragedy. Search Made for Knife.

Replying t<i Mr. Dickson witness said he had made no mention of the tan boots in the lower Court as no reference had then been made to them. "Did you riot know that Caffery alleged on the very night of the tragedy that Byrne was the culprit?" asked Mr. Dickson. Witness replied he did. Mr.' Dickson called Caffery from the dock in order to show that the blue trousers did not fit him. Witness sai/1 ho had not found trio trousers on the night of the. tragedy. A pair of blue denim trousers had been dincovered in Cafferv's house, but these had Lad not been removed. Replying further, witness said he bad been surprised to find the sheath knife on ■ the mailtelpieco of the front room at 119, Nelson Street, on the morning after the tragedv. About six detectives had searched the house for a weapon on the evening of the tragedy. There was a sufficient quantity of blood on the floor to cover a knife. Questioned further regarding the tan boots, witness snid he could not swear ifhev 'had hot been marked with blood. He was unable to say whether he had assisted Byrne into the police car when lie was taken to the police station). "Do vou think he was in a condition to know what be was doing at seven o'clock'?" asked Mr. Dickson,. • Witness replied "No." • Detective Sneddon said when Caffery •was.taken to the police station, he said: "Jt is a murder charge this time." written statement read bv witness, Caffery said lie w-erit io 119. Nelson Street jp ,company-with Patrick Byrne .(o .sea Cole.. • He had a scuffle with a .map .who capne?to the door, and .the. latter suddenly, cxclajmed that ho was bleeding. Ho had, nothing in his. hands at the time .arid .J) "a ■ did. not see Byrne with any weapon,. /.'At"this stage tjie case was adjourned; until His. HQnor : remarking hp wo'iild arrange id visit the scene of'the $5 tragedy* 11