THE MIKIMIKI CASE.

New Zealand Times, Volume LXXI, Issue 4439, 20 August 1901, Page 7

THE MIKIMIKI CASE.

TRIAL Of ROBERT DOUGLAS. VERDICT OK NOT GUILTY, At tin; criminal ;-ii tin;:,'. oi the ,'jii promo Court yesterday, Itobon. Dougne-, ;r mail, at. jc ."ill, iin'i£T;.'.oiii'-', ■; a |!,a soul k-iico lor a’lotii'-r crime, placed (in. jus trial on a- laiaj;.'/.' ol lia l ,- lii/, inul'dcrcd hr .'iin.ili I'aia, a lau;rmd woman. at. M ihimiki, mar Aiaoi-tr uni, on tin- ir/iuJ < Ji.l l .i;■ i , i i Th-. (. ni"f Jii-'i— '> lr JCoTaA Sloiu; occupied ill- Bench. Tim [ii'i.siua r pi l t Ti'i in t- alil l •WH.i (i-t-ut'.'a 1 by -or \> iltor‘l- - following ( 11 jiap o\?ri* Hie jury; A 1 1'.,.- is loorpi' 1i ‘ ■ 111 ,v - I li'iKilti’, Henry Voppir, il-ii'.y John MiUivui), Allred ,\u on , (i ed Robert Adams, Cimrios .Mtioiioi'l:. James (.Jiaik, William Jvulis, Janie, )-oi.,ylli, Frederick William V. al-ja.Wall-r Cmlb.y and John Brown. Air 11. i>. id'll, Crown Prosecutor, in op-nii!- llio case, said ti.o dreeimed was the wiio ol a. sctiler named Edwin i’ain. Tlio primmer was workm;.; on Jut iur>l.and'o pine". On the da- in. question there were also tin i'> -dr i’ain ana a feuialo servant. Tim latter bad since manded -Mr i’ain. Tim d<'-'eased eras in the habit ot work in}' out of door.-, on tiio properly. Ou tho morning oi tlie 22nd October sue went out rabbiting v.'dii the |>risoiiei - . 'limy reilirued, on fri-iuily ierms, t r , the midday meal. In lb- al I ernooii they went live again. Tiiey intended In do some fishing, and look a laiidin;; mil' and a buy,. Unit uu.--tb- last Unit. V.ae . e. n <;t -Mrs Pain, alive be a;.:y person other than the prisoner, ’.ate in tb- alternoon iio returned aione villi Ibe b;m; and net. Tins bay com tained two or three small trout. Two ileem v.bieb vvero aUaclmd to Airs Pam tyoio Inck with tb- prisoner. Tno ser.. vain, girl asked where Alt's Pam was. ami Ihe primil; r .said idle laid /one to nnoiivr seliler's place. Sem-eu parties went out, and on thedith Uctouer 11;,s lie;.,, ■ .ed'■ body was ionud iacc downward''’ in” a, ('reel;. Tho crock was » mountain stream. It, bad a. coumler[all, and e.see.d m one or uvo poms Hewo wai-i no depth el water ill it- -Mrs Pain had had epileptic Ids, bin. ioi -niiio lime before lu r death _ she lino nut. siihored from one. (me of the sli|>= pen; vvliieb the. deceased Kid been wear, ini. was found four chains away inim where her body was found. It was not pc-sibl- that her body could have rolled from the place; where I lie slipper was found to tho place whoro the body was found in the creek. An nniucst- was Sudd, at which it wa- provetl -hat lac woman died from drowning, and a r’ el 7 diet in accordance with the medical evidence was returned. Four or hvo months afterwards, the deceased s hoi y was disinterred. .Having outlined -^ J 0 finds which, apart irom anything the prisoner had said, formed the case a-a.in.st him, AH' Bell read tho stavenemts made by 'Douglas. Those wore (hreo in number. There was,_ m the first place, his statement at tho muuc.v., ■eeondlv. a statement which ho matte in Tyitelton Gaol, where ho was serving a life troutence ; and thirdly a confession. also made in gaol, that ho killed Airs Pain. The first and second statements certainly were no- Hue. 1 • confession was consistent Inch the cast put forward by the Crown. 1 Arthur Edward Kin;;, of tm- 1 übhc Work. Department, gave evidence a=. >-o the characteristics oi (ho oinco y-. 0,. the body was found. 11- said the plan produced vva.s prepared by hp.u atUl y’:“j vey. The pho-tourapiia produced siion-a the nature of the country. By -Mr Wilford; sV point where they saiu the slimier was fouiul was romted out to witness by teer/eaut -) -Mailt y ana Mr Tain He marked that point on thy mao. Subscmcmliy another statement a w-hero tuo slipper was loiuhl urulo to witness by Edwnrct ilaiijb,(witness altered his markings oi tue plan accordingly.) The two fmmw wme - chains t*U links apart, toorseanb U AlMlov and -Mr George Pain pomtuu. out tU<. .snou where the body was found, limy were certain about that spot ; but noabout Unit at which tho slix>per was found. Tho undergrowth between Hie spur and the creek was very thick. Witness had. to hlruygle lo get thvougn a, aud was 'frequently caught. Denman Wilton, puolographei, ALasierlou, said 1m went to Tain’s property lust week, and took Uio two pholograpo.s iiroduced. lie was aceompaaieit by Sergeant UTMnlley and Edward Harris Harris stood on the spot where fie said ti,o slipper was found, and was photographed while standing, there. - Witness showed tile jury where Harris was standing v.Tiou thei photograph was taken. , .7iiiut-‘3 O -MalU'y m plv to Air TVilford, that it appeared that ho had pointed out to -Mr King the wrens place as tha t where tho siippor was found. He did not see the slipper found. One of Ihe search party pointed out to ban where it was found. iTom the nomt whoro Harris said the .slipper was found a body could roll down to the creek, hut not to the spot whoro the body was found. A sheen I,rack ran from, tho spur to tho creek. At the creek there was a log A person who foil off tho log would not fall where Airs Tain’s body was found. The latter snot was seven, or eight feet away. A person could walk up tho creek. The deceased’s clothing-was not in any way disarranged. The pool where tho hodv was found was tho kind of pool that a person would go to for a drink. Alary Pain, the second wife of Edwin Pain, and formerly employed' by him as a domestic servant, said that two dogs accompanied the deceased and tlio prisoner when they went away in tho afternoon. Tim dogs came back with tho prisoner. Tho handle of the landing net was about the thickness of a walking stick. ’l \. AI- Hoar, undertaker, Al'nsterton, deposed to the exhumation of the deceased’s body. George Edward Pain, sou of tho doceased, said her bodv was found at about six o'clock in tho morning. Before tlio police arrived there was rain, and the creek rose. When the body was found, he noticed a mark—mud and S>'a-s stains such as might, have been caused by her falling down.

HvMr Wilford Tho bodv was found straight down below the spot where tue slipper was picked up. After having a fit, his mother, ns a rule, slept heavilv. Ho agreed that it. was not impossible for ono of the dogs to have carried the slipper from the' body to tho place where tho slinper was found. Hr James describee the effects of an epileptic seizure, and of immersion in cold water on a wound. By Mr Wiifovd ; When persons recovered from an epileptic seizure, they would bo able to move about, but a condition of mental haze would remain for tome time. Hr Bntemenfc described the observations which ho made when ho examined Mrs Pain’s body. By Mr Wilford; lie agreed with the theory that a person who was- seized with a fit might recover physically be_ fore recovering mentally, and travel a distance without proper knowledge of what ho was doing. Ho believed the spot originally indicated as that at which the slipper was found was the

correct one. Ihe slipper was Iviug ;iiori! r ''.i<ic> a- root by a. .sheep traok. it wa-i 'possible that Iho abra.-iou at 1 1!° back of the deccas'-d’-, head was cail-cd by a, Aar!, rock that was do-,, to th" head when* Hie body was .-.waving in the cri'i oil. Having in mind Hie surrounding circni.n ; ai!! "s. In; thought it was po aiil" that ('ho woman had an epileptic In. and fell into the water and was drowned. S ! cpiicu George Vowiem, labourer, ■aid h" wa... one of tho party Hod fmimi the body. He found tho clipper on the hill. Georg') Pain was with Inm Mi" lime. 11 ■■! ■ . came v;p a ( toi".vards.

V.iinm.s did not ton oil the slipper. H wa , oh to" track —ha slij>po.-."d about .i;t mil. The slipper was like the one that was on Iho hodv in tho crock. Edward George Harris said _ that in ikk’M Ji,. laid a farm next to I’ain’s. He was one of (he .'."arch party I hat lonnd U;o body. I hero were marks of clay and short pieces of 'grass on the hack ol the liras. Thu slipper was found at the seconil point mark p d on iho pilau, it. was found mi a. hit of root, on a : k""p I rack. \v Uncys had never given ovideaf;e again.t the prisoner on any previous o""asiou. The pri-oiicr inane no statcnienl to wilns s as (o the murder of Airs I’ain. Hy Mr Wilford: It would be non. sric-e for I lie prisoner to say h" had a rendea against witness hceau-'e wiMics-s had given evidence against him. \\ here the slipper was found on (lie track was u place about Jfl square. The party that, wiiiic.ss wa; wilii found the slipper when I hey were on (heir way from (he place wla-rc fiie hod;,- was to Pain's house. '.»!>' ordinary person going along the i rack won If! see tho slipper. It vrns not (lie only (rack to the place where liie body was found. There were several (.racks. The (rack where the slipper was found was 0 n H’o margin of the clear ami tho rough ground. When the bodv was found it was in water about. Gin deep. Then; was a fall of rain afterwards. I hat, might have increased tho depth to nbout a foot. Eahviii Pain, farmer, said the deceased was ids wife. Two small dogs used to follow 1 x*r when ;'ie went out rabbiting. He had never known them to By Air Wilford: Tlio prisoner joined in. (he search for the deceased. The number cf Jits which the deceased had had up to tlio time of her death was about, fourteen. She kul a (it about every six months. Ho believed that at ill" lime ol her death about half a year had elapsed since siio had a lit. When she had a lit slio wtndd regain tho use of her limbs before she could talk sen, sihly. M ix;re was in. her case no warning of the approach of a lit. On her recovery she used to crave for water. "Witness used to give her milk and water, which was what the doctor ordered. Tho deceased was forlyMliree years of ago at. the time of her death. Alatthevv Aliclmel Cleary, gaoler n.t Lyttelton Gaol,' gave evidence as to the statements made by the prisoner.

By Air Wilford: Witness always looked upon the prisoner as being mentally weak. Ho was very irritable. He fought with Ids fellow prisoners. Ho insulted Lbo warders. Ho did not seem to be possossod of sufficient ccmmonscnse to enable him to take care of himself. By his Honor; At first the prisoner was put in tho tailors’ shop. Afterwards witness put him to outside work. By Air Bell; On one occasion it look two or three warders to put the prisoner into his cell. Witnc-w got another prisoner to teach Douglas; to read and writ*.

Edward Stephen, at present serving a, sentence in Lyttelton Gaol, said tho prisoner asked him to write Ills coco, fessien. Previously the prisoner said lie had something on his mind, and could not sleep at night. "Witness advised him to speak to soino one. The prisoner said ho had spoken to a lay reader who used to visit tho gaol, but that Eo could not do him any good. Witness asked too prisoner why ho brought Harris into, his confession. The prisoner replied that Harris had given ovidenco against him in another case. Witness cautioned the prisoner, but bo said ho would sign tho statement. Witness did not know tho Wairarapa district. By Air Wilford: Sometimes witness thotiglut tho prisoner was mentally weak, and sometimes ho did not. If ho tins weak in mind bo was very clover. 1 Mr Bell said the witness Stephen, who was a .secretary by profession, was not a habitual criminal. No evidence was called for the etc* fence. . r -• 111 bis address to the jury, Air Bell said there would have been a very grave failure of justice if, after tho prisoner had made bis confession, the car.o find not been placed before a. jury. Tho prisoner was placed before tho jury, and it was for them to say whether there was any room in tboir minds for doubt that the prisoner, being such ns ho was. did do this deed of which he accused himself. There were many grave circumstances to support tho allegation that ho did it. without his own evidence. Air Wilford described th ( , prisoners confession as the hysterical accusation ot one in whom hope was dead, and who desired any change,oven though it mightonly bo from the gaol to tho lunatic asylum. Counsel said tho onso was tho most difficult one he had ever had to do with. He combated the accusation oj murder, and pointed to the various possibilities in tho way of,, accidental death. . . . His Honor, m summing up, specially mentioned the following statement made by tbo prisoner at the inquest“ Tho last I .saw of deceased she was going to Ashby’s fence.” That course, his Honor pointed out, was directly opposite to the one which would take her to the place where her body was found. His Honor said there was'no evidence that the Prisoner was insane on the day on which Airs Pain met her death. Tho jury retired at five minutes to seven, and came into Court again at twenty minutes to nine, after an absence of an hour and three-quarters. Tho verdict was one of not guilty. Tho prisoner was remanded t 0 his previous custody. Tito Court adjourned till this morn. in S- _