CHARGE OF MURDER

Otago Daily Times, Issue 20867, 6 November 1929, Page 9

CHARGE OF MURDER

AUCKLAND STABBING AFFRAY.

CROWN CASE CONTINUED.

(Special to Daily Times.) AUCKLAND, November 8.

Further evidence for the Crown was heard when the trial of George Caffery, a labourer, aged 34 (Mr Dickson and Mr M'Liver) on a charge of murdering Thomas Leavy at 119 Nelson street on the evening of August 2 was continued before Mr Justice Smith in the Supreme Court to-day. Detectives Knight and Snedden, who were called by Mr Meredith, Crown Prosecutor, were closely questioned by Mr Dickson regarding the connection of a man named Patrick Byrne with the. investigations into the tragedy. Byrne appeared as a witness in the lower court, but he has not yet been called by the Crown. Beatrice Rushford, of Wellington street, said she accompanied Lavina Foster, the previous witness, to Nelson street on the evening of August 2. Witness and her friend sat with Leavy and Cole in the front room. The appearance of Caffery in the doorway and the , subsequent knocking at the front door after his departure were described by witness. Leavy went to the door, and she heard him say: "Get out of here. This is my house.” She saw Leavy being pushed back, and heard him say: " Dave, they have knives to me.” He collapsed on the lied saying, “I am done.” Witness and her friend then left the house, David Patrick Carmody, a canvasser, living with Leavy and George Cole at 119 Nelson street, said he arrived at the house with a man named Gallot just prior" to the time the heavy knocking was heard at the door. Witness heard a scuffle and Leavy say: “Get out.” From his position in the room witness could not see what was going on. He hoard the front door hang, and Leavy staggered into the room, his last words being, “ Davy, lam gone.” Witness .placed Leavy on the he'd in the room and applied a shirt to the wound in his groin as a rough tourniquet, ’James /3-allot gave 1 evidence of a similar nature.

Margaret Langton, a married woman, described a visit paid by Caffery to her house in Nelson street on the Friday evening. Witness was with her husband in the house at about 6.35 pan., when a noise was heard in the right-of-way. She saw a man removing a bag of potatoes from the cart used by' her husband in his business as a dealer. Her husband struck a match, and witness heard him say: “ Oh, it is you Caffery.” Wit- - ness told Caffery to put the potatoes down, and he did this, saying he did not want them. He said he wanted to- see Cole, adding that he *'would kill the to-night.” Witness informed Caffery that Cole was not then living with them, > but had moved to No. 119. James Langton corroborated the evident of his wife. '

An inspection of the scene of the tragedy was made by the jury during the luncheon adjournment. On the resumption, Frederick William Armitage, bacteriologist at the Auckland Hospital, was called. He testified to finding marks of human blood on a pair of black boots, a pair of grey socks, and a sheath knife (produced). Witness said he had also examined a pajr of tan boots and a pair of blue serge trousers submitted to him by counsel. Asked whether the blood could have been sprayed on the articles artificially, witness said that would be practically impossible in the case of the trousers. “ I propose to show that the trousers and tan boots belong to Byrne,” said Mr Hickson. “We admit that the black bouts are the property of Caffery.” Detective Knight described his inspection, of 110 Nelson street and the apprehension of Caffery at his house. Witness said that Carmody and Caffery had had liquor, but were not drunk. Byrne wa» lying on a sofa, and appeared to be in a state of helpless drunkenness. There were bloodstains on Caffery’s boots and socks, but the clothing worn by Byrne showed no marks. , Caffery was removed to the police station, and By rne was taken in charge, later being held on a charge of vagrancy. Witness said ho found the tan boots (produced) on the evening of the tragedy in a washhouse ,at the rear of Caffery’s house. The soles were dry, and there was blue mould round the lower portion. The path from the road to the door of 119 Nelson street was wet and muddy on the night of the tragedy. Replying to Mr Dickson, witness said he had made no mention of the tan boots in the lower court, as no reference had then been made to them.

“Did you not know that Caffery alleged on the very night of the tragedy that Byrne was the culprit? 1’ asked Mr Dickson. , Witness replied that he did.

Mr Dickson called Caffery from the dock in order to show that the blue trousers did not fit him.

Witness said he had not found the trousers on the night of The tragedy. A pair of blue denim trousers had been discovered in Caffery’s house, hut these had been removed.

Replying further, witness said he had been surprised to find a sheath knife on the mantelpiece of the front room at 119 Nelson street on the morning after the tragedy. About six detectives had searched the house for the weapon on the evening of the tragedy. There was a sufficient quantity of blood on the floor to cover a knife.

Questioned further regarding the tan boots, witness said he could not swear that they had not been marked with blood. He was unable to say whether he had assisted Byrne into .the police car when he was taken to the police station.

“ Do you think he was in a condition to know what lie was doing at 7 6‘clock? ” asked Mr Dickson, Witness: No. Detective Snedden said that when Caffery was taken to the police station he said: “It is a murder charge this time.’’ In a written statement read by witness Caffery said he wont to 11D Kelson street in company with Patrick Byrne to see Cole. He had a scuffle with a man who came to the door, and the latter suddenly exclaimed that he was bleeding. He had nothing in his hands at the time, and he did not see Byrne with any weapon.

At this stage the case was adjourned, his Honor remarking that he would arrange to visit the scene of the tragedy.