CHARGE OF MURDER.

Otago Daily Times, Issue 20866, 5 November 1929, Page 8

CHARGE OF MURDER.

FATAL KNIFE WOUND. MAN STABBED IN GROIN. (Special to Daily Times.) AUCKLAND, November 4. The trial of George Caffery, a labourer, aged 34 (Mr Dickson and Mr M’Liver j on a charge of murdering Thomas Leavy at 119 Nelson street on the evening of August 2 was commenced before Mr Justice Smith in the Supreme Court to-day. Caffery showed no signs of emotion throughout the day, which was mostly occupied with the hearing of preliminary evidence. When the case wns adjourned the jury was taken to a city hotel for the night under the escort of two constables. It is expected that the case will occupy the whole of tomorrow, Mr V, R. Meredith, Crown Prosecutor, said that Leavy was killed through being stabbed in the groin. The scene of the murder was a four-roomed house m which lived Leavy, David Carmody, a canvasser, and George Cole, a hawker. Arthur Langstone, transport officer of the St. John Ambulance Association, said he was called to 119 Nelson street shortly after 7 o’clock on the evening of August 2. He found the deceased half lying on the bed in a spare bedroom in the front of the house. There was a wound in the groin, and above it was tied a piece of shirt. Witness applied a proper tourniquet over this. He treated Leavy as a live patient, although he. considered he was then dead. Dr Griffiths, resident medical‘officer at the Auckland Hospital, said that •Leavy was dead when the ambulance reached the hospital. George Frederick Cole, hawker, said he was living at 119 Nelson street with Leavy and Carmody on. August 2. He had known Caffery for several years. On returning home shortly before 5 0 clock on the evening of the tragedy ne found Leavy preparing the tea. He * n go ° d s P irits and quite sober. After tea, two women friends came to the ■ house and a fire was lit in the spare bedroom. They assembled in the room and some time later Caffery appeared at the door, apparently having entered the house by the back door as the front door was closed. He asked witness to go outside, but when he refused twice Caffery said: “AIL right, 1 will get you,” and went out by the front door. Shortly after Carmody, witness’s room-mate, and James Gallott entered. They had drinks and then about half an hour later there was a heavy bang at the front door* Leavy went to answer the door. Witness was walking down the passage to the kitchen as Leavy opened the door. He heard Leavy say: “Get out of this. You arc not coming in.” Then he heard Caffery say: “I am coming in.” He was sure the voice was that of Caffery. Turning round, he saw Leavy pushing someone, but he could not see who was outside. Suddenly Leavy cried: “David, Im stabbed.” He staggered from the door and witness helped him on to the bed in the room where the others were. By the time he had returned to the front of the house the front door had been closed although there was no one there. After the inquest had 'been opened next day witness said he returned to the house, and while cleaning Jbe front room ho found a bloodstained knife near the wall. On b . ein g shown a knife by Mr Meremth witness said he 1 could not exactly identify it as the one he had found, although it was similar. Further questioned regarding the fatal struggle witness said he saw Caffery’s head behind Leavy in the doorway. In reply to Mr Dickson, witness said he turned as he went into the kitchen and saw Caffery’s head in the front doorway t| He had followed Leavy from the room. On finding the knife it did not occur to him that it was of importance to leave it covered with blood. He knew Leavy had been stabbed, but it did not occur to him that there might be fingerpnnts on the knife. However, he did think it wise to tell the police he had found the knife. . D , r , w ; Gilmour, pathologist at the Auckland Hospital, who made the post mortem examination, described deceased’s wounds. Lavina Foster said she called at 119 Nelson street with a woman friend about 6 o’clock on the evening of August 2. They were not expected. A fire was alight in the spare bedroom and on arriving witness said she was given drink. With Leavy, Cole and her friend she sat before the fire After about half an hour Caffery appeared at the room door and asked Cole to go outside. When he refused Caffery said: "I’ll get you. Cole,” and .Leavy then showed him out of the front door. Carmody and Gallott then came in, and shortly after there was a bang at the front door. Leaw went to the door. It appeared as though he was trying to push out, and suddenly he said, •' He’s got a knife at me, Dave. ’ He walked back into the room and fell on the bed, saying, “ I am done.” Those were the last words he spoke. “ I said to my friend, ‘Let us get home,’ and we left a few minutes later,” witness said. . 1 iv l ? « p . ly , to - Mr Dickson, witness said that Cole left the room in front of Leavy when the latter went to answer the front door. The case was adjourned at this stage.