THE PAPAKAIO TRAGEDY.

Otago Daily Times, Issue 13889, 29 April 1907, Page 2 (Supplement)

THE PAPAKAIO TRAGEDY.

APPLICATION FOR A NEW TRIAL.

WELLINGTON, April 13. Tho Appeal Court, consisting of tho Chief Justice (Sir R. .Stout) and Justices Williams, Denniston, Chapman, and Button, is hearing tho caso of Findlay v. tlm King—an application for a now trial on tho ground that the vordict was against tho weight of 'evidenoe. John Findlay was arrested and tried in Dimodin on a chargo of murdering William Hay Ronnie, schoolmaster, at Papakaio, near Oamaru, on October 3, 1906. lie was acquitted, and was then rearrested on a charge of breaking into Roiuiio's hougo on October 3 and stealing articles, including a bicycle. At the first trial tho jury disagreed, but at tho second Ihe prisoner was 'convicted, and was sentenced to fivo years' imprisonment. The evidence was lengthy, and was almost circumstantial. Several witnesses said that they, saw the prisoner in tho vioinity about tho time of tho murder, and two said that in tho middle of Jlio night they met a mnu on, a bicyclt who stated that, ho had lost his way but they could not positively identify the prisoner as tho man. In summing up Mr Justice Williams remarked that a verdict of ."Guilty" would practically point |o tho prisoner as a murderer. In addition to the sentence Findlay was declared to bo an habitual criminal.' Mr Hjorring appears for the appellant and Mr Myers for the Crown.

The court upheld tho-eonviotioi^. Tho court- paid that tho importance of tho caso consisted in tho (act that the prisoner's conviction itpon the indictment of burglary nocessnrilv meant, that,-though by his acquittal on the chargo of murder he. had cscaped tho' punishment of murder, he was tho murderer of Bonnie. The caso presented to the jury /was much stronger than tho caso presented on the chargo of murder, there being additional cyidence ill t-hros important respects. None of that material was before the jury which tried the miydor case.