THE LAMP-THROWING CASE,

New Zealand Mail, Issue 1219, 12 July 1895, Page 41

THE LAMP-THROWING CASE,

VERDICT MANSLAUGHTER. The adjourned enquiry into the circumstances surrounding the death of Louie Smith, who died at the Hospital on the IQ'fch instant, was held at the Mount Cook Police Station on Monday, June 17. Sergeant-Major Ramsay represented the holie& and Mr Wilford was present oh behalf of Andrei arid Jdseph Kennedy a'rid Joseph Jewett, who are on reriland, charge'd with the murder of the'woman. The Chinaman Gee Chung was recalled, and, in reply to Mr Wilford, said Louie Smith used to take about 2s or 3s worth of opium a day. One grain would cost Is. She smoked it two or three times a day. He did not know Of her eating opium" except sho was on a journey. Bob Wilson brought a bottle of brandy on the evening in question. Sometimes Louie Sniith drank porter. She was not a confirmed brandydrinker; but was a confirmed opium-smoker. He never kne# Sflie'r drinking a bottle of brandy in a day; He never saw her drunk, and she was hot under tlid influence of drink dr opiitni on theeveriirig in question. fie was ojUite certain Andrew Kennedy was the man who threw the lamp. He did Hot see the woman on the floor and Andrew Kennedy rolling her over to put the fire out.

I Jam Lee, lauridryman, Taranaki street, | said he was in Gee Chung's house on the night in question a little after 10. Gee Chung, Bob Wilson, himself and the woman were the only ones there. Louie , Smith tried to stop. somebody coming in, but the door was pushed in, and the persons who entered told witness they were looking for some one. Smith said "Go away, you can't como in. I'll send the one you want out." Smith was knocked down, and the men came in. The only one he could recognise was Joseph Kennedy, who was accompanied by three others. He also recognised the man Who had just entered the room (Robert Gawn); He thought Andrew Kennedy and Jewett were there, but he was notquite sure. When the men came in he went out, and the last he saw of Louie Smith she had fallen on the floor. He thought the men asked for "Bob." It was Joe Kennedy who called out "Bob." Dr Tripe said he had made a posi-m oriem examination of the body in the presence of Dr Ewart. He found extensive burns over the body. The kidneys were contracted and the liver congested, but those conditions were not sufficient to cause death. He was satisfied the cause of death was shock to the system from the burns, which would have caused death if the woman had been a perfectly healthy woman. .He did not think her falling out of bed while in the Hospital had anything to do with her death. A person who had been in the habit of taking opium would, if deprived of it, get nervous and irritable. Taking opium often caused congested liver.

Robert Wilson deposed that he was a labourer, residing in Dunedin. He arrived in Wellington on June 6th. The two Kennedys were step-brothers to his wife. He knew the deceased, and brought her a sewing machine and other articles from Dunedin. On the evening of the 6th inst. he was with her at the Opera House, and returned to her home in Haining street with her about 11 o'clock. There was a Chinaman (Gee Chung) there. He did not particularly notice there was another Chinaman present. Witness lay down on the opium bed, and Smith lay down beside the Chinaman while he was cooking opium. He heard a knock at the door and sang out to Smith, "Don't open the door." She went and opened the door, and said, " Come in," or something to that effect. The two Kennedys, Jewett and Bob Gawn came in. Andrew Kennedy spoke to witness, saying, angrily, " It's a nice place to find you in—a Chinaman's, you dog," or something to that effect. Andrew started striking witness with a stick, and it broke. Witness called to Joseph Kennedy to take Andrew off, and Joseph said "You're getting what you deserve." There was a kerosene lamp in the room, but he could not say where it was standing, and an opium lamp on the bed. Andrew Kennedy got witness down, and ho then hoard the crash of a lamp, and saw the girl on fire. He sang out to Kennedy " Leave me alone, the girl is on fire." Witness got up and rushed to put the fire out. Andrew Kennedy put it out by rolling her on the floor, and tried to smother the fire with his hands and by tearing her things off. He had not spoken to the Kennedys since except in the presence of the police. He did not see anyone with the lamp in his hand, as he was on the floor and Kennedy was trying to drag him out of the house. If the Chinaman said he (Gee Chung) took the girl's clothes off witness would contradict him. Andrew Kennedy tdok the clothes off, and the Chinaman did nothing till she was stripped, and then he took hor away.

To Mr Wilford : Ho was rather intoxicated but ho knew what he was doing. He had a couple of pipes of opium before the men came in, but they did not affect him. The deceased was not sober.

.Robert Gawn, bootmaker, Wellington, said he went to Haining street in company with the Kennedys and Jewett on the night of the 6th June. They went in at Smith's invitation. Andrew Kennedy said " This is a nice place where I find you." Wilson said he was doing no harm. Andrew asked Wilson to come out, and he refused. Andrew struck Wilson with a stick, and Wilson fell down. Louie, apparently thinking the lamp would be capsized, went to take it off the table. Jewett picked it up before her, and while Andrew Kennedy was dragging Wilson out, Jewett threw the lamp'in the direction of the girl, and it struck on the wall and exploded. The girl's clothes caught fire. Andrew Kennedy and Wilson rushed at the girl and dragged the clothes off her. Witness and Joseph Kennedy put out the fire on the wall. He was positive it was Jewett and not Andrew Kennedy who threw the lamp. Smith was standing near -tho passage door with her

back towards jewett when' the' lamp was thrown. Jewett took the lamp in his left hand, and, standirig by the window, threw the lamp fight across the room, and it struck the wall Close alongside'where Smith was standing. The' fctrfosehe flared up right to the ceiling. Jewett did not say anything when ha threw the lamp. Witnct'a saw' a small opium lamp on a bed, feist he d'id not see anything happen to if. No one struck a blow at Smith. At the time the larnip was thrown, Andrew Kennedy was stooping down dragging Wilson aloh'g the floor. The Chinaman dame iri after the fire on the woman was put out/ A s ar as h'e could see Smith was sober. There was no quarrel that he knew of between Jew'eit and Smith. He did not hear Jewett give any warning. The lamp went in the direction of Smithy and from where Jewett was standing it could hot have hit anyone else except Smith, itdrii the' Way he threw it. Their only object iri going to' the hotise was to take Wilson away.The jury then retired,- and after a cdrisiderable interval returned With the following verdict:—" The jury find that the woirian Louie Sniith died by a shock to her systeiri,.. earised by burning,- through a lairip being thrown at her', eit&er by Andrew Kennedy or Jewett. Therefore,'We return a verdict of manslaughter against Andrew Kennedy or Jewett." , The jury added the following rider r— : "That in the opinion of the jury a more strict supervision should be kept over Haining street, especially over Chinese houses with white women in them." The man Robert Gawn has been detained in custody on a charge of being concerned with the other three accused —the two Kennedys and Jewett—-in causing the death of the woman.

The charge of murder of the woman Louie Smith, preferred against Andrew and Joseph Kennedy, Robert Gawn and Joseph Jewitt, was further investigated in the Magistrate's Court on June 21, before Mr Martin, S.M. Sergeant-Major Ramsay prosecuted on behalf of the police, and Mr Wilford appeared for the accused. The evidence of the Chinaman Gee Chung was taken, and the charge against Gawn Was withdrawn, and Gawn was discharged. He was then called as a witness, and the evidence given by him at the inquest was put in* For the defence Andrew Kennedy, one of the accused, was sworn, and, in reply to Mr Wilford, said when he went into Gee Chung's house he saw Robert Wilson, two Chinamen and Louie Smith lying on an opium bed. He struck Wilson and told him to come out, and a struggle ensued between them. He threw Wilson down and believed he hit him two or three times while on the ground. He tried to drag Wilson out of the house, when he heard the globs of a lamp break, and on turning round saw Jewitt with a lamp in his hand. He did not see the lamp thrown, but while he still had hold of Wilson he heard it crash against the wall. Wilson said the girl was on fire, and witness got hold of her and put the flames out. He did not throw any lamp at the woman. The accused Joseph Kennedy was also sworn, and positively denied that ho or his brother threw the lamp. He heard it crash, but did not see who it. The accused Joseph Jewitt reserved his defence.

His Worship discharged Joseph Kennedy, and committed the other two accused for trial. Bail was refused in Jewitt's case, and Andrew Kennedy was admitted to bail in two sureties of .£75 each, and a personal bond of a similar amount.