TE AWAITE MURDER.

New Zealand Mail, Issue 1717, 25 January 1905, Page 23

TE AWAITE MURDER.

MtENZiE SENT FOR TRIAL After many formal adjournments, the trial of John McKenzie, alias James William Kllis, for the alleged murder of Leonard Collinson, at Te Awaite, on February 26th last, was commenced at the Magistrate’s Court, before Dr A. McArthur, S.'AL, on Friday. The Court was crowded. Mr Myers appeared for the police, and Air Wilford for accused. Evidence for the prosecution was called without any introduction by counsel, excepting that Mr Wilford said he intended to place no obstacle in the way of the C'rcwn getting out its evidence in the lower Court. He would, moreover, take no part in the crossexamination of witnesses, his intention being not to show his hand until the trial was before a jury. He would simply watch the case, and he hoped that by Saturday night it would be concluded so far as the Magistrate’s Court was concerned. THE EVIDENCE. The first witness called was Reginald Palmer Gfreville, Government Surveyor, who had prepared maps and plans of the locality of the murder. Mr Wilford objected to certain explanatory notes on the plans—notes definitely stating that from certain marked spots on the plans Ellis had been seen on a given date. Mr Myers agreed that the objection was legitimate, and said be would have the notes altered to read, for instance, that Ellis was alleged to have been seen from certain spots. Witness gave evidence of the markings on the maps—marks where footsteps were found ; marks where the remains of a fire had been found; heights where clear views of the surrounding country were obtainable; and distances from point to point. The distance from the noint where Collinson was shot and the point where the Crown suggested that the shot was fired from was 40ft. It would not he possible for a person in the opposite scrub across the creek to see another person standing, kneeling, or lying at the fiaxbush 60ft up the face of the ridge. There was scrub all along the ridge. In his opinion, too—and he had had considerable experience in bush workit would be extremely difficult for a person in the lower scrub across a creek to tell where the sound of a shot came from if it were fired from the high bank on the other side. Asked if a man could conceal himself at the top of the ridge from observation at various points, witness said there was abundance of shelter on the ridge for any person who wished to conceal himself. Constable Lopdale stated that he assisted the former witness to prepare plans and pictures of the locality of the murder. Ho (the constable) took the photographs, and those produced in Court were true enlarged copies. A DOCTOR’S EVIDENCE. Arthur Edward Palmer, medical practitioner, residing at Palmerston, knew Leonard Reeve Collinson when ho was alive. Performed a- post-mor-tem examination of Oollinson’s body at Martinborough on February 28th. Found two external wounds —one behind the body and the other in front. The wound behind was about a quarter of an inch in diameter. The wound in front was three-quarters of an inch in diameter, and was three inches below the nipple and two inches and a quarter to the left of the middle line. The organs injured were the left lung and the heart. The course of the missile was downwards, forwards, and inwards. The wound at the hack had a pnshed-ont circular appearance, while the wound in front was circular and jagged. He considered the cause of death to be rupture of the heart caused ty some missile which entered the body from behind. Mr Myers: Could you tell what the missile was? Witness: The wound appeared to be caused by a bullet. Could give no definite distance from which the bullet was fired. There were no marks of powder about the wound, as there would have been if the bullet was fixed from close quarters. From the direction of the wound, lie considered that the weapon must have been higher than the victim. The sixth rib in front was shattered ‘by the bullet. It was impossible that the wound could have been caused by the Snider rifle produced. It could hare been made by a .30 bullet (produced) or by a bullet of similar approximate size. The wound could not have been caused by a smooth bore .shot gun. RIFLES AND PELLETS. William Henry Tisdall, gunsmith, said be bad a knowledge ot firearms extending over many years. Mr Myers read to him a description of Hie wounds in Collinson’s body as given by Dr Palmer, and asked witness if lie could say by what sort of bullet the injuries had been caused.

Witness: I should say by an expand-

ing bullet. Could not say what kind of rifle the. bullet was fired from, but should say it was fired from a .300 or .303 calibre l'ifle. The reason he could not say the exact kind of rifle was because the chambers of so many rifles were made to take .300 and .303 cartridges. The gun produced was a ‘Winchester rifle, with a box magazine, which would bold five cartridges in addition to the one in the chamber. It was chambered to take the .30 United States cartridge, which used to be called the .300 cartridge.

Mr Myers: Could the wound described by Dr Palmer be produced by a bullet from a .30 cartridge (produced) and fired from the Winchester rifle produced.

Witness: It could. Continuing, he said that a few .303 could be fired from a .30 calibre rifle. Mr Wilford: Tell him to try one in the gnu. Mr Alveus: I don’t propose to do that vet.

Witness, in reply to Mr Myers, said that .303 cartridges could be very easily modi' to fit the .30 rifle by filing or scraping. The cartridges were supposed to be smokeless, but there was always a little smoke* —about as much as would come from a pipe. BOSS'S EVIDENCE.

The next witness was Alfred William Ross, who was with Collinson on the day of the tragedy. Before February of last year ho was a wharf labourer at Wellington ; previous to that he had been a fireman at sea. In February he wont to Te Awaito station without any experience of bush work. He commenced scrub-cutting for Collinson on February 24th with a man named Sullivan. There were five men living in the camp when he arrived. On February 26th,' the first thing in the monring, six men, including himself, went out scrub-cutting. Leaving the others shortly after midday, witness and Colli nsen went to another part of the block to put iq) flags. When they got down to the creole where the shot wa.s fired, Collinson told witness to cross the creek and cut a stick. Collinson sat down about twenty yards from the creek on a little tiaek on the face of the bank. Could not see Collinson from the place where lie (witness) was cutting the pole in the scrub. The first thing that attracted his attention was the of a rifle immediately after ho had cut the pole. Locking round, he saw Collinson lying on his left side. When witness saw 'Collinson last he was in the act of cutting a pipe of tobacco. Heard the wounded man groan after the shot was fired. Saw no smoke, and saw nobody near. Running across the creek, witness called on Collinson by name, but got no answer. He was lying on his back, having rolled down the bank for a distance of about five yards. Witness “hollered 5 ’ for help, but no answer came. That night lie was lost in the bush—lost trying to find his way hack to the camp. Next morning the first two men he saw were McDonough and Woltcrs, from the camp. Neither Collinson nor himself had any firearms the day of the murder ; saw nobody with any firearm. The sound of the gun shot seemed to come over witness’s head. Accompanied Wolters and McDonough to the place where the body lay. Beside the body were matches, pipe, and knife. As nearly as he could guess, the time that Collinson was shot would be about a. quarter to* five in the evening. THE MANAGER OF TE; A WAITE. Oliver Ashley Bunny, manager of To Awaito station, gave evidence that ho had known Collinson for a long time. Collinson had had scrub-cutting contracts for some time from witness. Knew accused, who at different times had worked on the station, both as a contractor and as an employee of contractors. In February last Collinson had a scrub-cutting contract at a paddock known as the “green camp.” Witness bad arranged to meet Collinson on Saturday, February 27th, to measure a block of land, but on going to keep bis appointment, discovered that Collinson was dead. Witness went for the police. Know that accused had worked for Collinson during 1903 in another part of the estate, but was dismissed on account of shooting stags. Witness instructed Collinso-n to dismiss him. Previous to that, about the end of January, 1903, witness had spoken to accused about coming to Te Awaito station for work after having said that he was going to give up scrub-cutting. Witness said to accused, “It looks as if you had come here for the deer-stalking season.” Accused denied that he was after stags. Later, Collinson gave witness information that accused was shooting stags, and the order for dismissal of accused was given. After that, accused had no business of any sort or kind to be on the station.

Air Wilford objected to a question by Air Alyers as to wlmt sort of a man <Dili nson was. The Alagislrate said that Air Alyers might ask as to the relationship between witness and Collinson. Air Myers said lie desired to ask the question in order to find whether witness knew nf anybody who had a motive in injuring Collinson-. The Alagistrate held that the question should not he asked.

A MAT)! OF McKENZIE. Patrick McCarthy, labourer, had known Collinson well, and also knew accused. First met aeon.seel on Te Awaite station, at the Waipawa Ivnob Camp, and was working with him for about three months, under Collinson. After they changed camp, about February, 1903, accused was paid-off by Bunny. Accused said he expected the “sack’’ for shooting' stags. Prior to the dismissal, McKenzie told witness that Collinson was “a crawler,” and no good, and advised that he he not trusted. Accused also said that Grant, a station hand, and Bunny were crawlers, and had him (accused) “set” : they all wanted shooting. Accused used to procure meat for the camp; he used to shoot door. Collinson know that, but at that time Bunny did not know. In June, 1903, at the “Greea Camp,” near Cole’s creek, a cowed was about the camp for a month. He was living in the hush. In July, 1903, McKenzie walked into the camp one night, and said to witness that he had been to Wellington, but had returned to get a few “heads.” In October, 1903, witness wa.s told by accused that he (McKenzie) knew that blame was attacked to him for the shooting of a sheep near Collinson’s camp. Witness told accused that the shooting of the sheen had done the camp a let of harm, and had cost Collinson about .-£3O, one way and another. Collinson had said McKenzie should not have shot the sheep, and he (Collinson) would do McKenzie all the harm he could. When witness told this to accused, the answer given was that accused did not care, and would “have it in” for Collinson. AN ACQUAINTANCE OF TWENTY YEARS. Denis Reardon, labourer, of Masterton, said he had worked for Collinson, hut wa.s not working for him at the time of hi.s death. Had known accused for about twenty years. From June to December. 1902, witness was working on Glenburn station for a man named Jack-on. Accused worked with him, and about Christmas, 1903, witness and accused were at Martinborough. Collinson had told witness that" accused had done twelve years in gaol for what was known as the “Greytown job.” Mr Wilford: I ask your Worship to allow no evidence from this man as to what Collinson told liim. The Magistrate said it was a matter of what witness had said to accused. The questions could go on. Witness, continuing, said he had asked accused to go with him and work for Collinson. Accused gave reasons why lie could not work with witness; also, be said lio would have revenge r or statements made concerning the “Greytown job.” Mr Wilford several times objected to the examination of witness on the ground that hearsay evidence was being “worked in.” The Magistrate said lie would not allow the remarks to go on. He (the Magistrate) might bo wrong in bis ruling, but- he would uphold Mr Myers’s examination. EVIDENCE OF AN ALLEGED THREAT. James Smith, shearer (known in camp, life as “Griffo”), was working at the Cole’s Creek camp in 1903, and saw accused there during a period that Collinson was away. Had a conversation with accused on the scrub-cutting line about Collinson. Ac e id Collin£on was “not too bad” a man to work for. - Witness asked why accused had left Collinson’s employ, and the answer was that accused supposed it was because lie had been shooting stags. Accused further said “he would settle him some day.” Air Myers: Who was he speaking of then ? Witness: Ho was speaking of Collinson. ANOTHER ALLEGED THREAT. John Joseph Herlihy, a labourer from To Awaite, was at the main homostead when Collinson was shot. In a conversation at Martinborough in December, 1903, accused abused William Bunny for having had him put off Glenburn. During the same conversation accused said that when he met Collinson out back lie would “do for him.” Witness advised him not to do anything -that he would bo sorry for. Accused replied, “Never mind, you’ll SOG. ** A MISSING RIFLE. Frederick Jackson, contractor, of Glenburn station, said accused had worked for him and with him. Accused blamed Collinson for getting him the “sack” from To Awaite. Witness believed the rifle produced to be his property; it was in the camp when accused left in 1903. Subsequently, it disappeared from the camp during witness’s absence. In its place was a written message inside a tobacco pouch, which witness had given to accused some time before. The message read,’ "I have taken your rifle; will either return it or pay for it.—j. ?d cKenzie.” Air Wilford : Do you know this man? (pointing to the previous witness, Kerlihy). Witness: Yes. Air Wilford: Would you believe him on oath?

Witness: No. Mr Wilford: Ls he not known in Martinborough as being the most notorious liar in the place ? Witness: Yes. To Air Alyers: Am quite friendly with the man, but he would not stick at a lie. Saw Air Wilford during the day, and told him that Herlihy not be relied upon. Had tokf Detective Broberg that one- night at tea accused had said that Collinson wanted a bullet stuck mto his skull, and that he would square accounts with him some day. Had signed a statement to that effect, and lie remembered the words being said. Oliver Ashley Bunny, re-called, said he had always found Herlihy reliable and truthful. At 6.10 p.m. the Court adjourned until next morning. SECOND DAY’S PROCEEDINGS. At tlic- Alagistrate’s Court on Saturday morning, Dr Ale Art liur, S.AI., resumed the hearing of evidence in the case in which a middle-aged man namjod John AlcKenzie, alias James William Ellis, is charged with the wilful murder of Leonard Collinson, at Cole’s creek, on Te Awaite station, in the Wairarapa, on February 26th, 1904. There was a large attendance of spectators in the* body of the Court. The prisoner, who is a small man, with red-dish-grey beard, followed the jiroceedmgs with great interest. Air AI. Alyers prosecuted for the Crown, and the accused was represented;: by Air T. AI. Wilford. JOHN CRAWFORDJohn Crawford, shepherd, who was employed at Stoiiev creek station, adjoining Te Awaite, at the end of 1903 and beginning of 1904, deposed, that hi.s Alakara whare on Stoney creek station was about three miles distant from Waipawa Knob camp. He identified a telescope (produced) as his protperty. He had kept it in the bedroom of the Alakara whare, but it bad been out of his possession since about the end of January of Inst year. It was taken from, his whare with a lot of other things during his absence at the homestead for a couple of days. Two djoors of the whare had been burst open. Amongst the articles .removed were a khaki-coloured overcoat and a khaki jacket. The jacket was similar to that produced, but witness would not undertake to swear that it was his jacket. Some tobacco, a bottle of essence of coffee, a tin of baking powder, shirts, etc., were also taken. Witness did not. know accused. PATRICK MADDEN.

Patrick Madden, labourer, who had been one. of the six working for Collinson. scrub-cutting at Kennel’s Camp, gave evidence that he remembered Collinson a/nd Ross going towards a spot about two miles away on the date in question. He did not sec Collinson alive again. None of the six men scrub-cutting had any firearms. THOMAS REYNOLDS. Thomas Reynolds, labourer, testified that he had slept in Collinson V> camp the night before February 2Gtli, his in r tent ion being to work for Collinson next day. Witness wont to Martinborough the following day, and did not see the place where Collinson’s body Avas found. Corroborative e\'ideuce Avas given by John Alexander Downes, another of the scrub-cutters, Avho bad been Avorking for Collinson. JOHN GRANT. John Grant, employed as oA’erseer on Waipawa, an out-.station of Te Awaite, deposed that he kneAv Collinson, also the spot where his body Avas found. He had pointed out the place to the surA'eyor, Gre\*ille. It Avas about four miles in a straight lin efrom "Waipawa, and betAA’oon eight and nine miles from the Makara Avhare. Witness had known the accused for about three years. Accused had occasionally AA'orked for Collinson. Witness last saAV the prisoner on Te Awaito station about the begmnme of February last. As far as av it ness kne\A', the prisoner had no business on tlio station. Witness had indicated to Grevillc the spot where lie had last seen accused. It Avas shortly after daylight AA’hen Avitness saw the prisoner, avlio Avas standing on the' bank of Te Awaito riA’er. Witness say through his telescope that the man Avas the prisoner. Prisoner Avas carrying a- rifle at the time. Witness Avas about the run on the evening of February 25th. 1904, in the neighbourhood of the Te AAvaite river. He passed near a point indicated on the map Avhore there Avas a track. Ho Avas doAvn there again on the morning of February 20th, between G and 7 o’clock, and lie observed a fire coA'ered oa'oi with scrub, but still hot, and the marks of Avherc a man had camped close by for the night. He suav a small footprint, like a lady’s, about ten yards from th.e lire, on the opposite side of Cole’s creek. The footmark avus on the edge of t ho creek. Witness had seen McDonough that morning about G o'clock from the same ridge. He had seen McDonough through a telescope, which he generally carried with him about i lie station. Pet ween the time

witness saw the accused, early in February, and the time of Collinson’s death, witness did not set any anger about the run, and it was unusual to see strangers there. It was very easy for a man to camp in different parts of the neighbourhood without, being seen. Witness had pointed out certain positions of different camps marked on the plan, to Mr Greville. A flaxbush indicated thereon would be about, the same size now as in February last. The cleared area was flagged on the evening of February 26th. Me knew of no. other areas in the locality that needed to be flagged at that time. The scrub near the flaxbush was in the same condition now as in February, 1904. The track on which he had seen the footprint would only be used by witness or by shepherds, andi there- were no shepherds herds camping about there at that time. There was a knob near where Collinson/s body was found. ALFRED WOLTERS. Alfred Wolters, bushman, at present employed at the Orongorongo, gave evidence that he was working for Collinson at Te Awaite station in February of last year. He had known Collinson for a little over twelve months, and (had been working for him in different camps during that time. The accused had worked with witness in Waipawa Knob camp and the Tora camp, and left the latter just before they shifted!. They had left Waipawa for Tora about May, 1903, and remained at the Tora camp some five weeks. Witness had no* conversation with the accused at Tora (as to the reason, of his leavling Collinson; neither had he any such conversation at Cole’s creek camp. He had! conversed with the accused while at Cole’s creek camp—when accused called at the camp. Collinson was in Martinborough at the time. The accused stopped at the camp two nights, to his recollection, while Collinson was absent. Wintess saw accused once later. While accused was at the camp, witness had a conversation with him about stags. Witness asked him what he was doing out there, and accused replied that he was after a couple of heads—stags’ heads. Witness reported the matter to Collinson on his return. Witness had also spoke to the accused with regard to a sheep that had been killed. He had told the accused that Mr Bunny had been to the camp, and had blamed the men there for shooting a sheep-, and that witness knew nothing about it. Accused told witness that he had shot it. Witness reported the conversation to Collinson. He had no conversation with the accused at that time as to Collinson or his absence. The accused knew that Collinson was away, as he was not at the camp. As far as witness knew’, the accused had no business at the camp. When witness again saw accused at the Cole’s creek camp, a little over a week later, accused was in the galley. Collinson was in the camp at the time, but witness did not think he saw the accused ; neither did he think th© accused saw Collinson. The accused did not say anything about Collinson on that occasion. It w r as about five o’clock in the morning, and the accused remained only about five minutes after witness first saw him. Witness did not see- the accused going into the galley. Accused stated that he was going away directly, that he had got the heads. On both occasions when witness saw the accused he had a rifle ; witness could not say what kind of rifle, but he thought it was a Snide)’. Accused also had a bulldog with him. Witness did not know where accused ln.d camped between the two occasions on which he had seen him. He knew of no tent or camp in the neighbourhood in which the accused might have lived. A man might sleep out in the scrub or in a cave, of which there were plenty in the locality. Men working in the bush usually wore blueher or watertight boots, but accused used to wear lighter hoots. He had a small foot; it might be size seven or smaller. Witness was employed as cook on the day Collinson was killed, and did not leave the neighbourhood of the camp that day. McDonough was out shooting pigs that morning and, witness thought, on the previous morning also. Witness thought Collinson had accompanied McDonough on the previous morning. McDonough went out to shoot after breakfast, about eight o’clock on the morning of the 26‘h, and brought back some pigs. He was engaged in the camp with witness skinning the pigs in the afternoon. Witness identified a Snider carbine as th© one used by McDonough, also another gun produced. Collinson had tokl \vdness that he would go out and work with the other men until dinner-time, and in the afternoon lie would go over to the old block to do some burning. Witness saw Coll inson go out, but never saw him again

alive. When Collinson and I?oss dxl not return that evening, they in the camp fired .some shots and cooeed, but got no reply. Witness and McDonough went out to search for them in the morning, and met Ross. They found Oollinson’s;. body lying a bit off the track near Cole’s creek. The point at. which they met Ror-:* was about a. good mile from -where they found the hodv. It would not be an easy tiling for a man who had not been in the bush before to find 1 iis way from where the body lav

to the camp by the direction Ross took. The body was lying on its back, with one leg drawn up, and the dead man’s hat over his face ; while his pipe was lying on the track close by. W itness had stated all he could recollect of the. conversation at the Cole’s creek camp. He did not recollect anything being said about Collinson seeing the accused, or about the result, if Collinson did see him.

Mr Wilford objected to the question which drew forth this reply, on the ground that the witness had already stated in his examination, m answer to Mr Myers, that nothing more had been said between himself and the accused than had been already given. His- Worship overruled the objection, which was noted on the deposition. Patrick McDonough.

Patrick McDonough testified that he was a bushman, at present employed as a cook at Orongorongo station. He had known Collinson about ten years, and the accused for about three years. Witness went to- work for Collinson in January, 1904. He described the different changes of camp made by the bushfallers between that time and the date of Collinson’s death. Witness saw the accused about ten days before they left the camp at the Birches. Accused was in the galley on a Saturday night, about midnight, standing by the fire eating. A rifle lay alongside the chimney, similar to the rifle produced. Witness had a conversation with the accused on that occasion. Th© accused .asked if Collinson was back, and witness replied that he was in bed. Accused said he would not wake him, that he would see him in the morning. Witness did not knoiv what the accused was doing there at the time, unless he was there poaching. Witness knew McKenzie pretty well at that time. Witness remembered being out looking for meat shortly before leaving the Birelies camp; that would be after seeing the accused in the galley. Witness was in the neighbourhood of Cole’s creek, and he saw a stag running down the hill. Witness went up on the top of the hill, thinking he might get a shot at the stag, and when he reached there the stag came down to the left of him, and went across Cole’s creek. He saw a man, \vhc*m he took to be McKenzie, going into the scrub. Witness remembered the day before Collinson was killed. Collinson and he had been out early in the morning looking for meatWitness went out alone looking for meat on the morning of February 26th. He had a Snider carbine with him. Witness went out shortly after 5 a.m., and got back to the camp just as the men were leaving foi* work, about ha 1 fpast 7 o’clock. While he was out that morning witness saw McKenzie on a spot which he had pointed out to Mr Greville. He verified the positions on the map. He had a good view of the accused that morning. McKenzie was, coming down the line on the cleared ground on which the scrub had all been burned. Witness had a clear view of the accused for three or four minutes before McKenzie cut into the scrub. Accused was carrying a rifle, and was wearing a khaki-coloured coat. Witness did not see the accused again until he saw him in Court. It was about, half-east 5 o’clock or a quarter to G in the morning when witness saw the accused. Witness afterwards saw the remains of a fire near the junction of Cole’s creek with the Te Awaite river. When witness saw the accused he appeared to be makinor towards where the fire was found. Witness left the camp and went out shooting after breakfast Ihe same morning with Mr Grant. He shot six pigs, brought them in on a pack-horse, and spent the afternoon in camp skinning them. It was half-past 1 o’clock when he returned to camp the second time. He took the gun with him back to the camp. From the time witness joined Collinson, on January 7th, until Collinson’s death, witness did not see any stranger except, the accused in tlie neighbourhood of Cole’s creek. On the previous occasion referred to, when witness saw a man whom he took to be McKenzie, the man appeared to he carry ng a rill©. The place where lie saw the man was about half a mile higher up the creek than where Collinson was shot. On February 26th witness saw the other scrubcutters come home with the exception of Coll-pson and Ross. The Snider carbine and gun produced were Collinson’s, and there were no other guns in the camp while witness was there. Witness went out with Wolters to search for Collinson and Ross on the morning of February 27th. They found Ross, and subsequently the three of them discovered Collinson’s body. They met Mr Bunny after find ng the body. Witness and others afterwards went out with Constable Sheary the same afternoon to where the body lay, and found it in the same position as when witness first saw it. 'they were allowed to Kill binds, pigs, and young stags for meat on the station. ( ON ST A RLE SHEA RY.

James Slieary, constable, stationed at Martinhorougli, gave evidence as to the

position of Collinson.’s body at Cole’s creek on February 27th, and the articles found on it. Witness produced the clothes found on the deceased at

the time. There were marks on the shirt corresponding with the wounds on the body. DUNCAN JOTINSTON. Duncan Johnston, bushman, deposed that in August last he was working at Ngaporuru block, on Mr John Murray’s place, about seventeen mires from Dannev.rke, in a south-easterly direction. Witness had a watch and chain like those produced. He had bought, them at Ashton’s, of Invercargill, and identified the recent Counsel compared the number on the case of the watch with that on the receipt to show that they were identical. Witness went on to say that he had not any other watch or chain. Ho kept them in his waistcoat pocket, hanging up in the camp. Some time about the middle of August he missed his watch and chain, 13s in money, some tea, and matches. Witness was engaged bushfelLng that day seven or eight, chains from the camp. SAMUEL BUNNING. Samuel Bunning. bush contractor, deposed that he was bushfelling in August and September of last year m the Ngaporuru block, about eighteen or twenty miles from Ormondville. The nature of the country there is light and heavy bush. Witness remembered missing a leather pouch, tobacco, and a pair of pants from his camp towards the end of August. He identified the pouch (produced) as his. Ou a la,ter oecas.on, about a week afterwards, lie missed some tobacco, matches, and, he thought, some tea from the camp. On a third occasion a number of things were also taken. Witness also nns.-ed —he could not say on which occasion—a pair of pants, leather leggings, and a, pair of hoots. There was a good bit of food in the camp, and some bread was missing, as well as the tea. The leggings produced were exactly similar to those he missed from Ins camp. The camp was in the bush, and there was a track leading up to it. Witness did not know the accused. GEORGE INXES.

George Innes, contractor, deposed that he was working in the bush in the Ngaporuru block, at the back or Dannevirke, and about twenty-five miles distant from there, in October last. Witness lived in a wooden wliare, the door of which was never locked. On October 18th Hie wliare was visited by some unknown "ersen while witness was bushfelling about half a mile distant, and some bread, a flannel shirt, hat, about 21b of tobacco, a copy of the “Weekly Press,” either two or three tins of preserved milk, and a leatner satchel were removed. Witness identified a leather satchel (produced) as Ins property GEORGE DOUGLAS.

George Douglas, labourer, deposed that lie lived at Wbakarara, Hawke’s Bay, twenty-two or twenty-four miles to the west of Wa-inawa. Witness was working on Mr William Hirst’s stat on. He remembered Sunday, November 27tli. when be left bis bouse at noon and went to tlie township of Hamoden. He returned on the following afternoon. and found that so mo person had entered the house by one of the windows, which wore not fastened. Witness found Mr ltirs: \s t) links had been opened and ransacked. A sheatli-knife. watch, pouch, and other articles, iucludina a quantity of food and clothing, were missing. Witness stated that several articles A' clothing (produced) wore very similar to those he "had lost. Certain revolver cartridges (produced) were ,dso similar to those which were missing on his return home. DETECTIVE BROBERG. Charles Robert Broberg, detective, stationed at Wellington, gave evidence that he had been actively engaged searching for the accused on and off from the time of C’ollinson’s murder A large number of police searched on To Awaite from February 27th to April 6th, but no trace of the accused could be found. The search was maintained all the time, until the accused was arrested by witness on December 10th, about eight miles from the hack of Wbakarara, at the back of a station belonging to Mr John Anderson, whose homesve id is about twelve miles away, at Kereru. The country in the locality is liitiy, with medium bush. Witness arrested the accused m a hut under the ivaimamuva Range, which is a branch of the Ruahines. Witness was accompanied by Constable Wilcox, Waipawa, and the previous witness, Douglas, when ho arrested McKenzie. He narrated the circumstances of the arrest, as already published. As the witness described how the accused, before being seized, brought his riflo from a perpendicular to a horizontal position, McKenzie jumped to liis feet, excitedly in the dock, with, the exclamation, “That’s not true.” By his counsel’s directions, lie resumed his seat. Witness, in further examination, produced the rifle, revolver, sheath-knife, belts, and other articles found oil the accused at the time of his arrest. One of the cartridges (produced) with which 4 he revolver was loaded was similar to those mentioned by Douglas. Several of the articles found on the- prisoner were those which had been referred to by previous witnesses as being either

their property or else resembling it. After searching the accused, witness asked him ins name, and lie rep Led, “You will find that but soon enough.” Witness asked where ho lived, to which the accused replied, “Anywhere.” Witness charged him with breaking into Hirst's house, and read out a list of articles alleged to have been taken from there. The accused said, “I wont into that place; 1 did not get the tobacco; I took the other things.” The accused afterwards remarked he supposed it was about the middle or the mouth, and asked how far they were from Waipawa. Later on, they started to walk back to Hirst’s place. Witness was replacing accused leggings, after crossing the Makarawa stream for the last time, when accused said, “You knew who I was when you came into th© wliare, didn’t you?” Witness said, “No.” Witness afterwards asked accused, “Are you Ellis, alias McKenzie?” to which lie replied, “Yes, lam that person. The papers made a great fuss about the alias ; I have as much right to one name as the other.” Shortly afterwards Hey overtook Constable Wilcox, and witness then said to the accused, “As you admit you -re Ellis, alias McKenzie, I now charge you with the murder of Leonard Collinson, on the 26th February, 1904, at Te Awaite-station.” Accused replied, “I know all about that; you knew who I was all right; the papers printed my photo.” One of the other two men was then carrying the rifle (produced) with which accused had been armed, and the prisoner remarked, “That rifle belongs to Fred Jackson ; I took it from his hut; I left a not© saying so ; the papers said I stole it; you can call it stealing if you like; I intended to pay for it, but spent the money.” As they walked along, accused asked witness would the inquest be opened again, to which witness replied, “No.” Accused said, “I read the papers, but it is against human nature for a man to volunteer to give himself up when he knows there is a lot oi evidence against him.” Some time afterwards they came to the vicinity of Hirst’s house, and accused observed, “T went into a. lot of camps for tucker, and took other things. These leggings and Loots I took from one camp, and the watch and chain don t belong to me.” When they got to Hirst’s house, accused told Mr Hirst that hie could have his sheath-knife in place of the on© lie (accused) had taken from the house and thrown away. At the time of the arrest, witness nd his two companions were dressed as ordinary station hands or s-wagmeii, and carried swags. If accused had seen them through the window of the where, there was nothing whatever to indicate that they were police. The accused carried his revolver in front, on the left side, outside everything except the overcoat. This closed the Crown case.

Accused, who mad© no statement, and reserved his defence, was committed for trial to the next Wellington criminal sessions, which open on the Ist of February.