ALLEGED MURDER

New Zealand Mail, Issue 1683, 1 June 1904, Page 21

ALLEGED MURDER

THE CHARLTON AVENUE TRAGEDY. JAMES BARR BEFORE THE COURT. Between two arid three hundred persons assembled in the Magistrate’s Court on Friday afternoon to see James Barr step into the dock on a charge “That he did, on or about 21st May, 1904, murder one Charles Robertson.” The prisoner, accompanied by a policeman, . took his place in the dock without looking round the Court. During the proceedings he was allowed to sit down; he turned his back to the curious onlookers, and only occasionally lifted his head to glance at the witnesses. Mr Myers prosecuted on behalf of the Crown, and Mr Herdmari appeared for accused'. .Mr Wilford said he was present to watch the proceedings on behalf of Mrs Barr. • Mr Myers: My friend has no locus standi. Mr Wilford was understood to say v e was aware of this. Dr McLean, who was called to attend Robertson last Sunday morning, repeated the statements ha made at the Coroner’s inquest on Tuesday. In eross-examination-by Mr Herdman, he said he was quite sure about the evidence he had given at the Coroner’s inquest to the effect that Robertson was under the influence of drink. Deceased suffered from a hernia. Had it not been for this he would not have died, ft was quite possible that the journeys made by deceased to the Lambton quay and Mount Cook Police Stations, mignt have accelerated the peritonitis. Mr Myers (re-examm-ng): Do you say that peritonitis would not have come on if lie had not made those journeys?— Witness: No, I think it would hare come ori in any case, but had he not made the journeys it is probable that the peritonitis would have been localised. and consequently would not have been so dangerous. Dr Ewart, medical superintendent of the "Wellington Hospital, corroborated the statements made by him at the inquest. He formed the opinion that death, was due to septic peritonitis. Cross-examined by Mr Herdman: Are you of the same opinion as Dr McLean that death would not have occurred if the hernia did not exist?—He would not have died. That is your confident opinion ?—Yes. Did you make an examination of his trousers ?—Not at the time. At no time did I make a minute examination. Are you of the same opinion as Dr McLean regarding the journeys made by accused accelerating the trouble?—Yes. Re-examined by Mr Myers: Can you say if the bullet carried dirt into the wound? —Witness: Undoubtedly it did. That was the cause of the peritonitis—not the wound itself. The dirt was the cause? —Yes. Does that not tend to confirm you that peritonitis would have arisen in either ease ?—No ; neither one way nor the other. What was the condition of the man’s trousers? —Surgically, they were dirty. A. H. Holmes, Clerk of the Magistrate's Court, Wellington, who took the 4 dying man’s depositions at the hospital, and W. H. Tisdall, gunmaker, who said he sold accused a revolver on Saturday, the 21st May, confirmed the evidence previously given by them. Air Tisdall, under cross-examination by Mr Herdman, said the revolver (produced) was the smallest weapon made. Mr Herdman: Then it is not a formidable weapon?—No. Its penetrating power would be very slight ? —Yes. In fact, a man might shoot himself in any number of places in the body with it and not seriously hurt himself ?—That is so.

Mr Myers: You mean he would not kill himself?—Yes. In other words: If the bullet from that weapon hit him in certain parts qf the body, it would not seriously hurt him?—Yes; And if it struck him in other parts?— It would probably kill him. -You say the revolver is the smallest calibre made? —I mean for trade purK poses. The evidence of Evelyn May Macar-

thy, "who said she was a domestic servant, sometimes known as Mrs Mielke, was then taken. Witness stated that when Bari’ came into the house on Saturday night and found Robertson there, he fired at the lower portion of the latter’s body. The statements made by witness at the inquest regarding the scuffle which ensued between the dead man and accused, and the alleged firing qf the second shot, were repeated in detail. Witness identified a chair (produced) as one which was standing in the kitchen in Mrs Barr’s house last Saturday night. Cross-examined by Mr Herdman: Witness knew Mrs Barr intimately, but had never stayed at her house until Friday night preceding the tragedy. She did not think it necessary to inquire how long Robertson had been residing in the house.; Witness did hot know that Robertson was under the influence of liquor before Barr came in. It was not a fact that Robertson had his arm around witness’s waist when aecused came in. When the second shot was fired (while the two men were scuffling) Barr was on top#;

Mr Herdman pointed out that Robertson, in his depositions taken at the hospital, said he (deceased) was on top, while witness, when giving evidence at the Coronial inquiry, said she could not say which of the two men was on top. “Now, which of the three statements is correct —your version just given, what you previously told the Coroner, or Robertson’s story?” queried counsel. Witness: Ido not know. Continuing, witness said that before the police arrived, about 9 o'clock, she had put the revolver under a mattress. She did not tell the officers that a struggle had taken place, or that shots had been fired. Mr Herdman: Did you tell them to go away?—Witness: No. Did you say nothing had taken place ? —Yes.

Proceeding, witness said Barr did not make a statement to the effect that lie objected to Robertson taking prostitutes mto his wife’s house. You have been known by the name of Mielke? —Witness: Y r es.

Are you married to anyone of that name ?—No.

How long have you been known as Mrs Mielke?—Two or three years. You bore that name in Wellington?— Yes. You were living with a man named Mielke ? —Yes.

Did it not occur to you that when Barr fired the alleged shot it was your duty to go out and inform the police ?—■ No. You know that a good few people are passing along Tory street between 8 and 9 o’clock on Saturday night?—Yes. Why did you not seek assistance? — I did not know that any harm would be done. Was Mrs Barr’s daughter m the house when the trouble occurred? — No. You and Robertson were there alone? —Yes. , , , • And you still deny he had Ins arm around your waist ?—Yes. Re-examined by Air Myers: How long since were you living with Alielke? —Not. very long. . How long?—About a fortnight or three weeks. You say you did not tell the police. Why?—l did not think there was any need. Had you any reason to suppose Robertson was seriously hurt?—No. Or hurt at all?—No. "Witness further stated that when Robertson said. “You've got one on to mo,” she did not know that he had been shot. At 5 p.m., the further hearing of the case was adjourned until Monday, at 2.15 p.m.