THE PUKEKAWA MURDER.

Oamaru Mail, Volume XLIV, Issue 14821, 21 October 1920, Page 3

THE PUKEKAWA MURDER.

Per Press Association. AUCKLAND. October 20. The preliminary trial of Samuel John Thorn (35). charged with the murder of Sidney Sev'iuour Eyre at Pukekawa en August 2-i. was resumed this morning before .Mr'.J. W. Poynton, S.M., with whom Mr R. F. Webster ait as district coroner for Pukekoho, to return a colonial finding on the evidence as to the cause of death. Mr R. P. Hunt (instructed by the Crown Prosecutor) conducted the prosecution, and Mr R. A. Singer (with him Mr W. J. Gatenby) appeared for the accused.

William Theodore Eyre, nephew of the deceased, stated that on Friday, August 27, he assisted'to clean up deceased's bedroom, and found a gun wad under a chest of drawers. This he put in a basin of water, which was subsequentlv thrown into an open drain beside the house. Last Saturday, en noticing in the paper that evidence was given of a missing cartridge wad, he mentioned the matter to DetectiveSergeant Cummings, who accompanied him to Pukekawa yesterday, where in the presence of live people he made a search of the drain and found the wad, which he. produced. Detective-Sergeant Cummings detailed at length the result of his investigations into the murder on August £'o. Witness. Sergeant Cowan, and Constable Thompson made general inquiries at Granville's, and they visited Thorn's camp at Granville's in the evening. They found a light in the whare, and accused was in bed fully dressed, v.vcepl for his coat, hat, and boots. He wat apparently asleep, but a candle was burning by the bedside, and a book was beside it. When roused he sat up and saidi "Good evening, Mr Cowan." to the sergeant. Witness told accused of the tragedy, and asked him if he was on good terms with the family. Accused replied: "Sid and I had our differences, but I got on all right with tho rest." When asked why he left Eyre's, he said he had been given notice,-as Phil had left school and could work on the farm. In reply to further questions, accused said he had never written to' Mrs Eyre in his life, nor she to him, and when asked what letters he had in camp, he invited witness to look. Witness discussed the murder with the accused, who remarked that it must have been done by someone who knew the run of the place. When the motive of robberywas suggested, accused said he' did not think that could be fio. He said he had assisted Mr Eyre to put his bed in position. Tn reply to a suggestion that he and Mrs Eyre had been intimate, he said: "Have we? Who told you?" Witness said: "Where wi re you last night." and he replied. "I am not going to say. I was net out." Witness said the question was whether or not he was in or out that' night, and accused said: "Did anyone see me out?" Witness mentioned an unconfirmed report that, accused was out. That report had not since been confirmed. Accused asked: "Were they talking to me?" Accused said that Granville had loft him at 5 p.m., and that there was no one to back his word that he was not out. They went acro-s to Granville's house, where accused made a statement, and was told he would probably be wanted as a witness in the inquest. After his statement tvas made witness pointed out that his i movements on Monday night, but not en Tuesday night, were in question. Again he replied: "I am going to sny I was not out." Asked by witness what he would- put in the statement about it. he remarked: "Please yourself. I say I was not out." Next morning witness said he and Constable Thomson returned to accused's camp, where five working horses were examined. Four were shod all round, and oTie. "Major," had only hind shoes on. The shoes were taken off the horse "Mickey" by Constable Thomson. When witness'put a. rule on the shoes he remarked to Thorn: "These shoes correspond with, tracks on the road "ear Evre's place." The latter went white, but made no reply. Witness asked if anyone cquld have got "Mickey" off the farm, replied that he dids't think so, as it was a hard place to -jet off unless one knew it.

Continuing his evidence in the afternoon. Deteetive-Sergt. Cummings stated that on Friday. August 27, he tried the two front shoes taken off the horse "Mickey" in two prints on the road (near Eyre's) that had been covered with a board. Ho found that tho shoes, both off and near, corresponded exactly with the hoof marks. Witness stated that on the Saturday ho saw Thorn again, and told him he had had statements from Mrs Eyre and Phil Eyre. He asked: "What does Mrs Eyre say about me. and what does Phil say?" and was shown statement. Mr Singer at this stage intimated that he contested the admissibility of parts of those statements, and objected to the publication of them until the question of admissibility had been cided by the Judge. The attitude that accused took up, stated counsel, was that he was not going to blacken Mrs Eyre's character by any reference to her.

His Worslu'p agreed that the statements should be put in without being read, and noted counsel's objection. Witness said he read Mrs Eyre's statement and Phil Eyre's statement to Thorn, who made a statement.

Mr Singer objected to one part of the statement being allowed in, but his Worship ruled that as tho whole statement was in accused's handwriting it must all bo put in. After further police evidence Mr Poynton left tho bench, and the Coronial inquiry was resumed. Mr Hunt then said that for tho purpose of the inquiry he proposed to call Samuel John Thorn.

Mr Singer: This is most unusual. T. think in the circumstances it is hardly fitting that the Crown should ask Thorn to go into the box. If he is compelled to do so he will decline to answer any questions. I think it is almost without precedent that at the conclusion of Court proceedings on a charge of murder the accused should be tendered as a witness for the Crown in a Coronial inquiry. After further discussion, in which Mr Singer contended that the proceeding was most improper, Thorn entered the box. . Ho declined to answer questions. The Coroner then brought in a verdict that the death of Eyre was caused by a. shot from a gun, which was fired while deceased was asleep in his bed, the gun having been fired by someone outside the house who was familiar with tho premises. Mr Poynton then resumed his seat on the bench, and accused, who pleaded not guilty, was committed for trial.