TE AWAITE TRAGEDY.

Otago Daily Times, Issue 13187, 21 January 1905, Page 2

TE AWAITE TRAGEDY.

THE CHARGK AGAINST M'KKNZIE.

(I'kii United I'iiess Association.)

WELLINGTON, January 20.

At tho Magistrate's Court to-day John M'lvenzie, alias .Tames William liltis, was charged with the "murder of Leonard D. Colliuson at Tc Awaite on February 26 of last year. Mr Myers (Crown l'roiccutor) conducted the prosecution, aud Mr T. Wilfnrd, M.H.K., appeared for tho detente. All witnesses were ordered out of court. Mr Wilford said ho did not proposo to cross-examine, but 'merely to watch tho case on behalf of .Accused, He would nrt- interrupt unless he saw something irrelevant. By taking this comic he hoped the case would ho finished by to-morrow i*igbt.. The first evidence was that c.f the surveyor who prepared the plans of the scene of the murder.

Dr rainier, of Featherston, who mado the post mortem examination, had no doubt that the person who fired the shot wes at a higher level than the deceased, and' that the weapon used was of the calibre of ahnnt .300. The wound was not esusfd by a shot from a Snider or smooth-bore shotgun. William Henry Tisdall. Tiinsnitb, gave expert evidence. He thought, after hearing Dr Palmer's evidence as to the l.alure cf the wound, that the shot was fired from a ..'CO or .303 calibre weapon. The bullet which caused death was evidencly. an expanding one,' and many rides v.ttc chambered lo lake cartridges cf tlio calibre mentioned above. A .303 r.artrid;;e r-r.nld wifsaid, be easily made to f:t a .300 calibre rifle.

Alfred William Ross, who v-ns with Collinson at tho lime of tho niui'der, pave testimony, which was, on the whole, a repetition of tli.it Riven by liim at the iizqucst. Oliver A-lily Tlinniy. a young mall, manager of IV Awaite Station, said l.e knew the deceased Oollm s on as a contvacor for scrub-ratlins and a station hand. As a contractor Collin=on employed liis own men. Witness hail known- the seemed since. 1900, and the uceuoed liaxl at different times worked osi 'l'e Awaite Stfition Loth as ft contractor and as a workman. In February, 1901, Collinson. haxi' a contract with witness for scrub-cutting. Witness.arran ; »:'d to n:eet Collinson on Saturday, 27th February, 190t, to measure up a block. lieforo measuring it was usual for a contractor to S;ig the line. Collinson was then cutting at a spot about a mile away from where lliey woru to measure'. On the Saturday morning vitne«o went to Kennel's camp (Collinson's), and in conscqucneo of what lie was laid he wont on to the supr and waited till ho siw three men coming down Cole's Creek. They were M'Donough, Woltars, and llcss. Witness mot; thorn near' tho Tc Awaite, River. Witness knew then that they had found Collinson's bodj% and bo went for the police, telling them not to touch the body till the police had arrived. Witness remembered accused working ir.r Collinson in 1933, when the latter was camped' at Waipawa. Accused ceased working for Collinson about the 25th Hay. being dismissed by Collinson ort'account of shooting stags. Witness instructed Collinson to dismiss him. (Accused at this ttoint took a particularly keen interest in the eyidenre and smiled slightly.) Some time in January nr February, 1903, witness had a conversation with the accused, -vho w,'..s then employed by Collinson. The conversation was about coming, on to Te Awaite. Witness first spoke to Collinson, who called the aroused over. Witness exchanged "Good day" with the accused, and said: " It's strange vou comin? to work on To Awaite at this season of the year, after leaving Ulepburn and telling my brother (manager of Glcnburn) that you wore giving lip scrub-cutting because there was nothing in it, and you were going to work in town, It looks as if you came here purposely for tho deer-stalking season." Accused said: "If I wanted to got deerstalking, I could get plenty of b—— stags without coining here." Witness said: •" That's all right, M'Kenzie; I just wanted to tell yoit what I thought." That was all that -was said. Collinson had told witness tb.it the accused was shooting stags, and witness directed. Collinson to dismiss the accused. At the time the accused was dismissed ho was working at Tora Camp. Witness remembered that, in about June, 1903, it was reported to him that a sheep had been killed under suspicious circumstances. Tho sheep was found near the junction of Cole's : Creek with the Tc Awaite Rivor. The accused had no right to be there. The sheep had evidently been shot, - and portion had been removed. The body had been put into a water hole and covered over with taivhina and manuka. Witness bad some conversation with Collinson about tho sheep. Mr Myers: What did Collinson say? Mr AVilford objected. He contended that this was not evidence, and should Iks ruled out. Even if his Worship lmd only a doubt on the point, it should be left to the Supremo Court to decide. Mr livers' said ho had no desire to prejudice tho -accused by introducing unfair evidence, but it was important, both in the interests of the Crown and tho prisoner, lli.it, tho fullest evidence should be taken in that oourt. This was important in a case of a charge of .murder. Ho proposed to ask this question: "Did Collinson name anybody as having shot the sheep?" Mr Wilford: That, is more objectionable than a, straight-out question. His Worship said he preferred to rule the question out, and leave the point to bo raised and decided in the higher court. Mr Myers: What sort of man-was Collinson? Mr Wilford objected. Mr Myers: Was ho a popular man? Mr Wilford again objected, and said Collinson might bo a dove to some and a raging lion to others. A. general statement by witness was not relevant. His Worship thought the question bad tetcr not lie put,' Witness, continuing, said that at the time of Collinson's dcatb some of the stags wouk' lie in a condition to shoot, and some would not. He believed that licenses wore issued as from February 1. ■ Denis Reurdon, labourer, of Masterton, said he had known the accused for 20 years. At Christmas, 1903, witness and nccuscd wero at Martinboro'. Collinson there told witness that Ellis.had done 12 years iu gaol for what was known as "the Grcytown job." Accused afterwards said ho would have revenue for statements made about this matter. . . James Smith, a shearer, deposed that ho worked at , Colo's Greet camp in 1903, and saw Ellis there. While Collinson' was away accused said that C'ollins.on was not too bad to. work for. Asked why lie had left Collinson's employ, tho : accused answered that lie supposed it was because lie bad been shooting stags. Tho accused' further said ho "would hiqi some day." He was then shaking of Collinson. .John Herlihy, a labourer, at To Awaite, said that while at Martinborough during December, 1903. the accused told him that he would do for Collinson, and on being • advised not to, lie said, "Never mind; you'll see." . .... Frederick Jackson, who lives on Glenburn Station, deposed that ho had heard accused blame Collinson for getting him discharged from Tc Awaite. The rifle produced witmss lielieved' to be his. It disappeared from his camp, and in its plaeo was written: "Mcs-apo c-nclosed-in tobacco pouch "—,i pouch which witness bad . given to accused.some tinie before. The message rend: " I have taken vour rifle. Will either returit it or. pav for it." The mesaago was signed "J. M'Kenzie." ' 111 reply to. counsel for the accused, witness said he knew tho previous witness Herlihy 1o he a notorious liar. Ho would not, believe his evidenco. To Mr .Myers: Witness remembered accused'once saying (hat Collinson wonted a builot stuck, into his skull, and that he would square accounts with him somo day. Oliver Bunny (recnll»d) said bo had always found Herlihy tr|it.hful. The ease stands adjourned until tomorrow.