CHARGE OF MURDER

Otago Daily Times, Issue 18612, 21 July 1922, Page 7

CHARGE OF MURDER

TOLDY BEFORE THE COURT. (Peb United Fresh Association.! WANGANUI, July 20., Louis Toldy appeared at the Police Court this morning on a charge of the murder of a Chinaman, Chow Yat, on. May 31, at Gordon Park, about three miles from the town. Mr Marshall, for the prosecution, outlined the facts of tho case, stating that apparently the body was left some time on the roadside after the murder. Later, on in the night it was removed to where it was discovered by a young lady on her way home. The points relied on by the prosecution were that accused knew the deceased; that ho was seen in the locality on the evening of the murder when approaching the wnare where the Chinaman lived, the accused endeavouring to avoid recognition when seen, and that he was carrying a fawn coat on his arm. Search had since been made for the coat, and accused said he never had a coat of that description. It was known that the Chinaman had a halfsovereign which he cherished, and a. halfsovereign discovered in the possession of the accused. The statements of tho accused to the police had varied considerably. The theory was that the accused left the body after the murder about 6 p.m., then returned to his home, and later revisited the scene of the murder to complete the robbery and the removal of the body 1000 yards along the road, where it was discovered. The prosecution suggested that his object in removing the body was to throw it over a fence into the hush, and that tho murderer was probably interrupted.

Detective Cameron read a statement made by accused, in which he stated that he was born in Hungary in 1867, and had been in Wanganui 19 years. On the afternoon of tho tragedy ho left his whare at Wanganui East at 1.30 p.m., dressed in his best clothes and carrying a grey tweed overcoat. He walked along the road to Okoia, passing Gordon Park road where it junctions with the road to Okoia. About 2.30 p.m. he turned back slowly, retracing his steps home, which he reached after 5 o’clock. Pie lit a tiro, cooked his tea, and went out to the tramline at 6.30 p.m. Ho then returned to his whare mul lay in bed smoking and reading. Pie heard the 8.15 train come, past. He got up and spoke to the train inspector, and wont back to the whare at 9 p.m., and did not go out again that night. He stopped at home washing and mending all next day. He had worked at the murdered Chinaman’s garden. where he lived alone, for a week, about three months ago, and while there slept in the same nouse with a Chinaman, an old man who was m charge of the garden. There were eight or nine Maoris working in a garden and sleeping in the house while accused was there. He had not at any time during the last six months worn an overcoat other than the grey tweed overcoat and oilskin overcoat which he had at present in the whare. He knew how to use a revolver, having used one in Hungary hunting wild pigs. He never owned a revolver, nor had he fired one in New Zealand. Dr Anderson described the wounds, of which there wore four. Two of the wounds were sufficient to cause death. The one which penetrated the brain must have had almost immediate effect, though it might be possible for deceased to have moved 50 yards after receiving it. It was also possible for tho wounds to have been selfinflicted, but one strong point against any such conclusion was that there were no signs of powder near tho wounds. Detective Cameron, continuing his evidence, said accused had half a sovereign in his possession when arrested. Witness walked from accused’s whare to the scene of the murder, and it took 38 minutes. They also tested a cross-country trade, and it took them 30 minutes. They walked briskly on each occasion. When the senior sergeant and witness visited the whare of accused on June 2 there was a tin or washing bowl containing soapeuds in the whare. There was also a shirt and two other garments hanging on a line in the whare.

To Mr W. J. Treadwell (who appeared for the defence): On June 2 accused told witness ho hod half a sovereign, On Jim© 9 Toldy still had the half sovereign. The police did not take possession of the money, as it did not come to their knowledge that the Chinaman had a half sovereign until after Toldy was arrested. Kwong Chong, owner of the gardens at Long Aero, said Chow Yat did not drink nor gamble. Witness paid him £2 per week,' the last payment being mode on January 28. At the Chinese New Year ho gave him £lO, and sent £2O to China for him. Deceased carried his money in a vest pocket. He knew deceased had half a sovereign. He had had it for nearly throe years. His men said they had seen it. He did not go to the races, and' did not often come to town. Witness knew Toldy, who worked for him about February last, picking potatoes. He slept in a wharo with Chow Yat. Ho could not, toll the colour of tlie overcoat accused used to wear. A considerable amount of other evidence was adduced, but no new light was thrown on tho mystery. W. E. Stewart, residing on Kaimatarn road, close to Chow Yat’a whore, timed tho shooting as having taken place at about 5.45 p.m. Ho was fixing a cow cover up when ho heard four distinct shots, the reports coming from the direction of the Chinaman’s wharo. About two minutes afterwards he saw two men running down tho road, but at the time he attached' no importance to it. Detective Cameron produced a dark tweed overcoat and an oilskin which admittedly belonged to Toldy. Ho quoted a conversation with Toldy, when tho latter said that the neighbours declared they saw him at his homo at 6 o’clock. The detect!re said that the neighbours, when consulted by tho police, said the time was 1 o'clock Following on this the detective told accused that investigations of his statements proved them to be vitally incorrect, and he, therefore, arrested Toldy. Aroused had the halfsovereign in his possession. He also produced it oh June 2, but witness did not then know that Chow Yat had had half a sovereign. _ . ... Sergeant Qnirke’s evidence was on similar lines. He said accused declared he had only two overcoats. When Toldy said that Mrs Seoord saw him on Wednesday night witness told him it was on Tuesday night. Inspector Fouhy produced another written statement signed by Toldy, in which the latter said he was in bed from 2 to 5, and from 6 till 9, on the day if tho murder. Senior Sergeant Lopdell said Toldy told him ho had not gone as far as Gordon Park road and got home at 3 p.m. and went to Other witnesses said they passed along the road early in the evening, and if Yat’s body had been there they must have seen it. . One witness said ho passed a man going at a great rale towards tho town, but could not tell who it was Mary O’Donnell said unit when cycling homo to Long Acre after 10 p.m. she saw the body on the roadside. She had first seen accused in the district on tho Monday before the murder, and again on Wednesevidence related to the events of Tuesday and Wednesday, and did not correspond with Teddy’s account. Ho said that o'n Wednesday he saw Toldy on the road, and Toldy wont off into some bush, sidling round a tree as O’Donnell passed. Toldy then had a light gabardine overcoat over his arm. On Friday when he saw Toldy again the latter seemed confUTo' the Accused’s Counsel; Witness said there was no difficulty in seeing Toldy in the bush. The hearing was adjourned. COMPLAINT AGAINST DELAY. WELLINGTON, July 20. Regarding the complaint made from Wanganui that there had been undue delay in proceeding with the charge of murder against Toldy, the Minister of Justice explains that a bacteriological examination of tho clothing of Toldy had to bo made, and as this examination in the circumstances was one requiring groat care and time, the hearing of the charge against the accused had to be deferred. The report of the bacteriologist had come to hand, and the police wore able to go on with the case immediately.