THE TE AWAITE MURDER.

Otago Daily Times, Issue 13206, 13 February 1905, Page 6

THE TE AWAITE MURDER.

\ ELLIS FOUND GUILTY. THE DEATH SENTENCE PASSED. (Pan Unitki) Vhuss Association.) • ; WELLINGTON, February 11. Tho trial of. James William Ellis, alias Johu M'Kenzie, : charged with tho murder of Leonard Reevo Collinson, at Te-Awaite, on Fobrhary '26, 1904, was continued to day beforo Mr Justice Denniston.

Tho Crown Prosecutor (Mr M. Myers), in addressing the jury, said that if juries wove not to convict on circumstantial evidence good-bye to the liberty of tho subject. Counsel for the defence had only been ablo to show minor discrepancies in tho witnesses' evidence, and these discrepancies really showed the honesty of the witnesses. He submitted, that the ovidencc of motivo and threats was very stroug. The Crown's case was that- tho murder was deliberately planned and carried out. Mr Wilford, \ for tho defence, said that the- Crown asked the jury to find Ellis guilty beoauso 'the Crown could not find anyone else, and they must have a victim. It was beyond reason to expect a man who had bitter enemies, and whose case had been prejudiced, to give him«elf up to 'the police. Tho witnesses for tho prosecution had lied.. The threats alleged to have been made by prisoner wero • idlo words.' Motive could not be diagnosed from his words. Some people used such words from mere bravado; others heedlessly. What was the value of .tho words "He wanted shooting"? Had they never heard one man use suchi words against another? Mr Wilford set up the theory that Collinson was killed accidentally by someone poaching .on .the run. It was unreasonable to suggest that any one man would go to within 21 yards of another to. shoot him when there was a third man close by. His Honor, in summing up, reminded the jury that they had to be satisfied beyond reasonable doubt that the alternative of the guilt of accused was not only much more probablo than bis innocence, but that the alternative of innocence was practically excluded beyond any reasonable doubt. They must bo satisfiod, not that accused might have murdered Collinson, or even that it was very probable he did murder him, but the evidence must satisfy them that he actually did murder him. Before they could convict there were two questions the jury had to consider—(l) Had the Crown proved to their satisfacjton all or any of tho circumstances relied on as proving the guilt, of the accused? (2) Was the result of this pioof.sucli as would lead to the irresistible inference that accused and no other must have committed this act.. His Honor then proceeded to review the evidence given for the Crown. It had been suggested that eoiiio of the witnesses were untruthful and desired to be revenged on accused. He- woidd leave it to tho jury to say whether the manner in which these witnesses had given their testimony warranted such a conclusion. M'Donough's evidence that he had seen accused on the morning of the murder was challenged on the ground that he did not leave the camp as ho said he did that morning, lie desired to point out on ,this point that it required very strong negative evidence to contradict positive'evidence. Of course, prisoner's presenco about the locality on the morning of tho murder was a very important clement in the case. His Honor also drew attention to prolonged absence from human view, to his living on the proceeds of depredations, and to his having been arrested armed to the teeth in a remote locality. The jury retired ,to consider their verdict at 4.25. They returned into court at 6 o'clock, their verdict being " Guilty," with a recommendation to mercy.

Tho prisoner hoard tho announcement unmoved.

In reply to the usual question of whether he had anything to say, Ellis replied " No " in a clear, steady voice.

His Honor said tho recommendation to mercy would bo forwarded to the proper authorities, hut- lie could not encourage thfi prisoner to rely on any result therefrom. Then assuming tho black cop his Honor passed sentence of death, omitting the usual formula that the Lord should liavo mercy on pvisoner's soul. Tho ( prisoner maintaincd his unwavering calm during the recital of the sentence, at the conclusion of which he was removed to the cells.

' PASSING THE DEATH SENTENCE. (Fnoii Oun Own- COP.HESPON'DKNT.) 1 WELLINGTON, February 11. ; The trial of Ellis, which has occupied five i days, concluded this evening, when the ; prisoner was found guilty of the murder ■ of Leonard Coilinson at To Awaito on , February 26, 1901, and sentenced to death. | All day Ion;;, or at least until 25 minutes , past 4, was occupied with the addresses to the jury. Tho counsel for tho Crown (Mr Myers) spoke for an hour and a-half. I Then the counsel for the prisoner (Mv Wilford) who had tho right to speak last by I reason of tho fact that ho had called no evidence, addressed the jiu-j for an hour and 33 minutes. He made a good fight against heavy odds, for in tho minds of everyone who had listened carefully to the evideiiea there was no moral doubt of the ! guilt of Ellis. "There is not one link in ! the chain which is not capable of an exj plantation favourable to the prisoner," declared counsel as ho sought to explain away tho circumstantial evidence which pointed to Ellis as the fired' that fatal shot from the bush. And so ho went on, fighting for the man in the dock, who stood impassive as ever, watching, with ; arms folded and brows knitted, tho play of battledore and shuttlecock going on in the arena beforo him, with his own fato as the ultimate issue. The last word of all to tho jury came in the judge's summing up. Remorselessly his Honor revealed the weak spoki in the case'for the defence, and tore to pieces tho flimsy fabric _ which counsel for the defence had established when he sought to prove .that tho (loath of Coilinson aroso through 'an accident. The judge pointed out that tho only alternative to that of murder was that Coilinson had been accidentally shot by the accused or by some person unknown. But it was not suggested that the accused knew ho had shot him accidentally.. Tho jury must, however, be satisfied, and tho reasonable possibility of an accident must he eliminated beforo they could convict the aceuscd. It was suggested by tho Crown that tho district was uninhabitable, and that anybody there must have been poaching. That reduced 1 the possibility of tho shooting having been accidental. Then there was the question of the subsequent conduct' of the accused. Wherever he was, whether on the place or not,, he immediately afterwards disappeared' and lived an Ishmaclitish lifo from' that moment, as far ,as was known, until ho was arrested. If his concealment conld be accounted for the depredations would have beeii- almost a natural consequence, and that woidd not jveigh against the prisoner in any way. • Tho fact was that the acoused did conceal himself, and it was for the jury to' say how far they were tc draw from that as evidence as to his criminality. He was arrested fully armed 1 , and it was for tho jury to ask themselves whether the fact'of tho . accused being armed to. the teeth was with the view of resisting capture, and, summing up generally against the prisoner, his Honor concluded his address to the jury at 25 minutes past. 4. With the issues thus finally committed to them tho jurymen filed out to their room, tho judgo left tho bench, the prisoner was taken to the cells oolow, and the weary wait for tho vorcliet began. • jsfany of tire crowd packed into the court loitered out into the open air and sunshine, where they 6tood in groups on the pavement, speculating as ta tho result. Within the courtroom counselor tho- Crown ■■ chatted with a prominent civil.servant who. had just looked in to see how the trial was going; Mr Wilford, still wearing his wig and eown, loaned over a, bench talking - with Mr Dinnic, the Commissioner of Police; two court orderlies lounged in the jury box; and tho only men who were busy were the press, representatives, swiftly writing up their copy for tho newspapers. Everybody else was waiting. In the cells below, in particular, there wa6 one man waiting while 12 other men locked up' in a jury room oh the floor above his head weighed the issues as to his guilt or innocenco. For an hour and therequarters tho suspense lasted, and at the end of 'that interval" came the most crucial moment of all, when, the jury having returned into • court, ■ Ellis was brought up from.' the. oells and had to wait a couple of minutes until the judge was sont for, for this was tho worst climax of the trial. It' was pathetic to see the strained, anxious glance' which the prisoner cast at the faces of- the jurymen as, accompanied by the wsirdar,' he came up from the narrow stairway and-.took his place again in the dock. ■ It was a glance- which lasted for only the flash- of a second, but into it was compressed tho emotion of-a lifetime. In the nextvmoment Ellis had become again an impassive being, .the most unmovod of all - those who crowded into the court, as he casually took a seat to wait for tho last scene. There were five ladies in the gallery aoove'his bead. There was a densely-packed mass of in the' public part of the courtroom behind the dock, and the bonches

"opposite the jury box were crowded. In that psychological of doubt preceding' cortainty, tho whole assemblage was under tho spell'of dead silcnce so profound that the crierls loud command as tho judge entered came as a strong noto cf relief in the situation. .v.

" How say you. gentlemen: is' tho prisoner guilty or not, .guilty?" demanded tho Registrar, Mr. Cooper. ' • ; ■'"Guilty," replied tho .foreman, half-rising to his feet. His voice was not distinct, ana: the word had to bo repeated. Ellis bent \ his head half-round to catch what was said. Then came tho foolish and unexpected recommendation to. mercy, spoken by the foreman in a voice scarcely above a murmur. "On the ground of great provocation," lie said, and those who listened wondered by what strango prooess of reasoning the jury had arrived at this conclusion. There wero some more seconds of waiting. Mr Winord steppea round from tho counsel's table to the dock and whispered a few words to the prisoner. Meanwhilo the judge put oc his speetaclcs and began to look through the papers on his desk. The registrar challenged the convicted man in the oustomary form:. " James William Ellis, nlißs John M'Kensie,, you have been found guilty on a charge of' murder. Have you anything to say" why the sentenoo of death should not be passed upon you?"

There was no reply. Ellis looked as though b'e did not realise that this had Been addressed to him. "Does he hear you?" tho judge queried of tho registrar. Mr Wilford again stepped over to tho dock and whispered to Kilis. He was returning to the counsel's table when tho prisoner called him back again, and there wero a few seconds more of consultation. ■ " Does he wish to say anything?" inquired l the judge, as Mr Wilford turned away. " No, your Honor," said counsel; and at the samo t'ime.Ellis answered " 5<0," in a 1 voice subdaed hut noiie the less firm. .

The court crier, standing in the witness boy- read the formal proclamation which alwiiys precedes tho death sentence. It connijands all manner of persons to keep silence under penalty of fine or imprisonment. i Mr Justice Denniston, speaking in a low voice, addressed tlie prisoner:—" James Willian'v Ellis, otherwise John M'Kenzie, you have been convicted after a very patient and intelligent trial, and after a'. defence in which, in my opinion, every argument that could bo urged in your favour was Drought before the court, aud you have been convicted of a crime for which the .law allows only ono sentence. The ivcommcndations to mercy .which the jury has made will be forwarded to the proper ouarb'rs, but I cannot encourago vou to suppose that you should rely, upon that." His Honor evidently spoke tinder the stress of emotion, for his tones were so low that sometimes he could scarcely bo heard,. and" I'm. repeated himself frequently, as if uncertain how lo framo his sentenoes. Ullis, on the other hand, maintained an iron composure, looking down into the dock in fjn inconsequential way. The judge then put on the black cap, which is really not a cap at all. but a large piece of cloth covering tho wig. So tho death sentence was pronounced. It was remarked that- the usual words "and may the Lord have mercy on your soul" were not spoken. The warder staling beside Ellis tapped him on the shoulder, and the condemned man, not a muscle moving, turned and'walked down tho stairway to the cell. Thus disappeared from the public gaze tho perpetrator of one of the 1 most cowardly murders in the annals of crime in New / Zealand.. "Keep order, please." .exclaimed his Honor at the sign of movement amongst the crowd, while the women in the gallery crnncd forward. "Lot no person leave the court," lie ordered. Tito judge addressed some words of tlranks to the jury, nnd x Mr Wilford, fulfilling a request made to him by Ellis, stated that the prisoner admitted that, the evidence given by Detectivo Eroberg in'the trial was "all correct, and that he found r.o fault wit.H it." After an acknowledgment from the jurymen that they had been well treated during their period of seclusion from (he rest of tlio world, the court adjourned. > After Mr Wilford had finished his address for the defence he received, durin? tho luncheon adjournment, a note from Ellis, in which the following passages occur:—"You have gained l all the points possible in this case. I can see it is a difficulty to you. You have done-splendidly, and I have'not a witness to help me. I cannot write any moro. You have fairly upset me."