THE KYEBURN MURDER.

Otago Daily Times, Issue 5803, 24 September 1880, Page 3

THE KYEBURN MURDER.

[By Telegbaph.]

Nasebt, September 23rd. Lee Guy was brought up on remand thia morning. Inspector Hickson appeared for the police, and Mr ftowlatt for the prisoner. Wong Guy was put in the witness-box and his examination continued. He said that he was in the gaol on Saturday, the 15th instant, and overheard an important conversation between prisoner and Ah Kin ; also overheard an important conversation between prisoner and Lee Van on the following day. Oa the 9.h of August he slept in Lee Guy's hut with Lee Guy. He had conversation with him about the murder, and aeked him "Do you know who committed this murder !" Prisoner said he would tell witness by-and-bye, but not now. On one occasion, in the gaol-yard, Lee Guy said Ah Lee had been in the Colony nearly four or five years. Ah Lee was at Tuapeka five or six months. [A letter was here handed in and interpreted, which was found in possession of prisoner. Portions at the beginning of the letter were barely intelligible, which the interpreter explained was owing to Lee Guy not being a good scholar. The letter was as follows :—'' Send you LlO. Said my nephew understand it. Now send to Tuapeka bank, say to oblige Sin Gim Hop to hand bank draft to you. This is Gan Tow\» name. If this money not enough, first takeoff Lsor L 6 for coach fares, but if you owe any provision money when you come here explain, and send it back to settle. If you hire a cart go to Manuherikia and ask G ; m Lee and he tell you where the Chinese miners, and you apply to a man to get the coach to come to Hogburn (Naseby), Chm Cheon s boardiDP-house, and ask him, and it will be all right. You travelling on road be careful. No mere afc present. I hope you will be fortunate. Postscript.—Gross punt at Manuherikia. Postscupt.—Pay to Sim Gin Hop provision money before you come. Lee Gin Tow. Dear nephew.—(Signed) Lee Gdt. 21st eighth month."] The signature on the letter witness believed to be the same as the signature of pneoner on the gaol property-eheefc endorsement.

*' Lee Gon Tow," on back of the draft produced, he believed to have been written by the eama person as wrote " Ah Lee" on gaol property■heet in the gaol. The word "nephew" he understood to mean brother's son. When he slept with Lee Guy it was understood between Lee Guy and himself that Lee Guy was to help to find out the murder if he could. When Lee Guy said, " I will tell you by and-bye," witness believed that his meaning was that he would find out by and-bye and tell him. His own opinion was that ha already knew. (Mr Rowlatt objected to this last answer, and it was not put down.) Patrick Nolan, gaoler, Naseby, deposed to having seen the letter produced, and a receipt for a registered letter taken from accused by Detective Henderson. When Gee Van and Lee Kin came to see prisoner, witness declined to let them see him, unless prisoner wished it. He did wish to see them, and they were then admitted. Ah Wah came to visit prisoner by his repeated written requests. Lee Van also came by request. By Mr Rowlatt: Noce of the persona who visited prisoner produced any authority from the visiting Justices. Witness declined to say by whose authority he admitted visitors. William Grummitt, of the Bank of New South Wales, sworn, eaid that he had known prisoner Lee Guy for some years. He produced application for a draft from Lee Guy to Lee Gon Tow for LlO, dated September 22nd, 1875, drawn on Dunedin, payable at Lawrence. _ Tbe application was filled up by witness and signed by Lee Guy. The draft was in his handwriting. Edward Morton, sergeant of police, called a second time, deposed that on September 9tb, at IL3O p.m., in company with Alexander M'Hardy, he went to t*ie house of the late Mrs Young, at Kyeburn. He left M'Hardy at the house and went to the hut of accased. He closed the doer when he got inside, and lay down on the bunk. He heard a great noise twice while he was lying down, a3 of some person kicking or hitting the side if the houee with a hard substance. Toe noise eeprr.ed to come from the direction of the late Mrs Young's house. He also heard two *' cooees," which were replied to by " cooeying." He then heard the voice of M'Hardy calliDg "Come up; that will do." He went up and found him inside the house of the late Mrs Young. M'Hardy then went in the direction of the hut of accused, and after M'Hardy had left a little time he went to the front door of the late Mra Young's house, kicked the door twice, and the side of j the house twice. He also " cooyed " twice, and heard Mr M'Hardy reply " That will do," Witness then called out to him to come up. He did so. There was then about two heads of water running in the race between the two houses. The cotton handkerchief now produced, which he found in Mrs Young's hon3e en August 4th, he handed to Dr Whitton, and received it back this morning. When he found the handkerchief there were five ink-stains quite fresh on it. The Court adjourned at 1 p.m. till 2.30 p.m. The Court resumed at 2 30 p.m.

The cross examination of Sergeant Morton did not elicit anything of importance.

Alexander M'Hardy, recalled, gave evidence similar to Sergeant Morton's re the experiment mads as to hearing in Lee Guy's hut a noise made at Mrs Young's house.

John Brown, miner at the Kyeburn, said he remembered the sth of August. While he and others were looking for traces of the murderers be found a small scent-bottle containing a few drops of black ink. The bottle was broken. He found it on the east side of the garden, about five feet from the fence. He gave the bottle to Hickson. He believed the one produced to be the same. He noticed that some ink was spilled on a stone near where he picked the bottle up. It appeared fresh, and when witceee took tbe bottle up it stained his hands. He noticed some footprints near where he picked up the bottle. The footprints seesed to be made by the same boots. Hβ remembered the night of the 19 sh. While working in his claim on that night he heard, between 11 and 12 p.m., a "cooee" in the direction of Mrs Young's house. The claim was about a quarter of a mile distant, and about 30ft higher tban Mrs Yuung'a house. It lice west from Mrs Youpg'a house. The night was fine, and a slight wind was blowing from the north-east. He did not hear any other noiee.

James Hickeon, inspector of police, stationed at Clyde, sworn, deposed to having received an ink-bottle from Brown. When he received the bottle he noticed that the ink was not ordinary writing ink. Sergeant Morton showed him some ink stains on a handkerchief; they seemed fresh. He thought the colour was rather peculiar, and remarked it at the time. He handed the bottle to Dr Whitton yesterday, and received it back to day. By Mr Rowlatt: The ink appeared thinner and paler than ordinary ink. The stone was damp with ink.

Wong Gye, recalled, produced a piece of Indian ink commonly used by Chinese in writing. He gave it to Dr Whitton, and received it back to-day for use. This ink is simply rubbed down in water so as to get it to a liquid state. By the Court: The ink is frequently kept in a liquid state in a bottle. John F. Christian, a miner at Kyeburn diggings, deposed that he knew Lse Guy, who Was in witness' employ from the 14th to the 19th May last Witness lived on a hill west of the residence of the late Mrs Young. While in hie employ Lee Guy slept in a spare hut of hia. During the time Lee Gay was in hie employ there were two men, and a woman named Mrs Aitken, living close by. In the hut in which Lee Guy stopped was a box belonging to Mrs Aitken. Mary. Aitken, wife of John Aitken, sworn, paid the had occupied a hut belonging to Christian, and had seen the prisoner there in the employ of Christian. This was about May or June last. He then occupied a hut belonging to Christian. She had ofcen been in the hut before Lee Guy came there. Witness went to the but during the time Lee Guy was Jiving in i-. 'Viiire was no one in the hut at tha time. She taw a paper and bottle with ink in it, which was not there before he came. The bottle was a small flit on 3 with a round neck, with a little chip or roughnes3 at the edge of the neck, and it sparkled. One of the bottles produced was the style of the bottle she caw. The one that was broken was the one witness referred to. There was a cbip on the neck of the bottle produced, which might have caused it to eparkle. Witness said after Lee Guy left the hut she was in the hut again. There was a box in it, to which she had frequent occasion to go. She had not seen a bottle since he left. She would not swear that the bottle was the same, but as near as she could recollect it was exactly like it.

Dr Whittoo, recalled and sworn, said ha had received an ink-bottle and handkerchief and Indian ink from the police yesterday. He had made a chemical examination of the ink etaine on thehandkerchief,and of the ink in the bottle. He tried the usual teats for the ink male with gallic acid and iron, but did not obtain the re actions that they would have given. On applying other tests to the ink-stains <jn the handkerchief, and to the ink in fthe bottle, he found that he got the came reactions as he did on trying ink which he got from Wong Gye. He was quite satisfied the ink on the handkerchief and in the bottle was not made with gallic acid and iron.

By the Bench: He came to the conclusion that the ink in the bottle, and which caused the stains, was similar to that got from Wong Gye. This concluded the case for the prosecution. Inspector Hickson wished to summarise the points of the evidence. Mr Kowlatt said he had not thought the case would be concluded so soon, and would aek for an adjournment to allow him to go through the evidence. The Court adjourned till 7 p.m.