THE FINDLAT CASE

Otago Daily Times, Issue 13877, 15 April 1907, Page 3

THE FINDLAT CASE

APPLICATION FOR A NEW TRIAL. (Per United Pbebs Association.) WELLINGTON, April 13. J no Appoal Court, consisting of tlio Chief. Justice (Sir R. Stout) and Justices Williams. Dennistcn, Chapman, and Button, is hearing tlio caso of Findlay v. the King—an application for a new trial on the ground that the verdict was against tho weight of evidence. John .Findlay was arrceterl and tried in Dunodin on a charge of murdering William Hay Ronnie, schoolmaster,- at. Papakaio, nearOamaru, on October 3, 1806. Ho was acquitted, and was then rearrcsted on a charge of breaking into Ronnie's house on October 3 and stealing articles, including a bicycle. At tlio first trial the jury disagreed, but at tho second the prisoner was convicted, and ir.v sentenced to five years' imprisonment. The evidence was lengthy, and was almost circumstantial. Several witnesses said that tliey paw tlio prisoner in tlio vicinity about tho t.imo of iho murder, and two said that in tho middle of tho night, they mot a man on a bicycle who slated that ho had lost bis way but they could not. positively identify tho prisoner as-the man: In cumming up Mr Justice Williams remarked that a verdict of "Guilty" would practically point (o the prisoner as n murderer. In addition to the eentene: Findlay was declared to bo an habitual criminal. Mr Hjorring appears for the appellant and Mr Mvers for the Crown. _ Mr I-Ijorring opened tlio ca?o for Findlay by stating the circumstances connected with tho discovery of the murder of Mr Ronnie. Tho last seen of tlio murdered miiti alive was on tho evening of October ■ 2. 1906. when he. made a. purchase at. the store of Mr Cameron, after riding to it en a bicycle. That was the last seen of him alive. There was no evidence that he rodo awav from tho store, at all. or that he too!; his bicycle awav with him. A liirlit was wen in Ronnie's house about 10 o'clock that, night by one witness. On the morning of October 3 Miss Johnslono. who lf>nl;od after Ronnie's hc-UEO from about 10 lo 3.15 in tho daytime, arrived at tho houw about U a.m.—-an hour )al«r than usual. Sho found tho blinds still down end tlio-.side-door- opon, which was unusual. She entered tho house, and on ffoing into Ronnie's bedroom noticed a foot prot-riidincr from tlm bedclothes. Sho thought that something was wrong, and wont .to a neighbour—a Mrs Irvine—for assistance. On the way back they met a Mr Porrie at the gate, who discovered that Rcnnio was 'lead. Mr Borrio wont out and informed Mr Cameron, who arcertained that tho deceased had been shot. Mr Hjorrinsr then traced Finrtlay's movements after he went into the district. On the afternoon of OctoW 2 Fintllay called at Ronnie's lioufc "at Z. 30. and told Miss Jchnstono that, ho was canvswsinir for a bakery, (ho had previously told other witnesses that, he- was a runaway sailor from' the Port Stanhcns). Ho asked how many lived at. the house, and was told that two norsons lived thoro, t.hpiifh as a matter of fact Ronnie, lived by himself. Findlay then loft the.house, and cot a lift in a baker's cart to a Biilvav lm'/about thrw miles and n-ha.lf distant, where, ho told |lio drivor of tho cart, ho intended to slow. That wii the last seen of Findlay until 6 o'clock the next morning, when ho was found in bed at A. Tomlinson's. with whom ho hud been staying. The man with a bicycle who was amn about midnight lv witnesses •named Mille-n could not bo identified as Findla-v. TV theor>- of 1 he Crown was that, the motive for tho crime was lliat Findlay was hungry and nennilcss. But if he- was huntry ho could. b v wnlkincr two or three miles further, have pot plenty to eat at Tomlimon's, and there is no evidence that Rcnnio had anv monev in tho house, oi" that Fincllav wa-- . ponnilccs. On the night of Oolobcr 1 Findlay staved at a hotel near RenniVn houso, and in the morninjr stated that ho could not pay for his board," but that wiw> no evidence that he had no money. M tho end of September he sold, a bicycle in Oamaru. Mr Justice Cooper: That was tho bicvcJo he was afterwards convicted of stealing, wasn't it? Mr Hjorring said it was, but. Findlay pot £2 10.5 cash for its sale, and tho evidence did not prove that ho spont anv more. Ronnie cashed a chequo for £10 tlio mouth before the murder, but out of that he paid Miss Johnstono £4 10s for wage.?. The inference of the Crown was that he had the balance, but in the inter-

vening month ho might very well have 1 spent the balance. The razor that Nndlay was convicted of siealing was found in a paddock at TomliiiEtin's. The evidence of Tomlinson wao that on October 4 he saw Findlay rabbiting in the. vicinity of the place where tho razor was found,'and the inference drawn by the Grown was that bo had dropped it. If so, after threa weeks' exposure, the razor would have been rusty, but it was quite free from rust. The inference was that it had only been lying there a short time-loss than :i wcciJ. perhaps,—but Findlay was arrested on October 10. Rennio'e bicycle was found in the Waitaki River on January 8, but there was no evidence at all connecting Findlay with tho bicycle. Hillsn's evidence and that of his son was that they had met a man sit. midnight on October 2 with a. cap on and a bright, now bicycle with turneddown handlo.l. The evidence given by Miss Johustcne was that when Findlay called at Ronnie's house on the afternoon of the sumo day ho was wearing'a "Dr Jim" hat, and there was no evidence that Findlay bail a, cap. Further, Rennio'e bicycle had not turned-down handles. Mr Hjorring had not concluded his argument when the court adjourned till Monday.