Criminal

Otago Witness, Issue 1503, 4 September 1880, Page 8

Criminal

THE KYEBURN MUEDER.

Naseby, August 26th.

At tha Resident Magistrate's Court to day Ah Lee (alias Lee Tow) and Lee Guy ward brought up charged (on remand) with the murder of Mrs Young. Mr Robinson, R.M., and Messrs Mackenzie, Buach, and Hjorring, J.P.s, constituted the Bench. Commissioner Weldon, I with him Inspector Hickson, represented the police. Mr Kowlatt appeared on behalf of both prisoners. Tha charges previously laid were withdrawn, and one of mnrder against Lee Guy was substituted. All witnesses were ordered out of Court. R. H. Browne, C.E., sworn, said he knew the locality of the murder, and had made a plan of tho ground according to scale. The plan was produced and admitted. Alexander _ M 'Hardy, sen., was then sworn, and gave evidence similar to that previously given by him. He said that Lee Guy had come to his house es>rly on the morning of August 4th, asking him to go down to Mrs Young's. I He had done so, and, after telling Mrs M'Cari thy, he went to Naseby for a doctor and the police^ During this witness* examination the question of interpretation came up. Mr Weldon asked that Wong Ah Tack should interpret, instead ' of u W^ n I G ? e « ** at last *«««**• Mr Rowlatt, who had with him Albert Leong Chung, interpreter, to watch the interpretation on behalf of the defence, objected to Wong Ah Tack as not understanding the dialect of the accused, and said he had reason to believe him unfair. Mr Weldon said Wong Ah Tack always interpreted in Dnnedin, and waa thoroughly trustworthy. The Bench decided that Wong Ah Tack should interpret, and that Wong Gye should be sworn and be referred to in case of dispute. At 1 p.m. the Court adjourned for an hour, On reaming, M'Hardy was cross-examined by Mr Kowlatt. He said ha knew Mrs Young very welL She usually went to bed between 9 and 10 o'clock, and rose early. Whan he went ' to the house he was sober, and had no drink at his houße. When he went into the house, between 11 and 12 o'clock, he looked towards Mrs Young's house. There was no light, and all seemed quiet. Mrs Young had a dog, which used to bars at strangers, but he never knew it to bark at: Lee Gay, His own dog used to bark at any unusual noise. He waa always in the house. Mrs Forgie waa the next witness, and waa proceeding to give evidence as to what she asked Mrs Young and what Mrs Young Baid, when Mr Bowlatt objected that unless it was proved that the deceased was conscious and knew she was going to die, such evidence was not admissible,

Mr Weldon said he would prove this as far as it could be proved. The witness resumed : She leaned over Mrs Young. She thought Mrs Young knew her. In answer to questions at different times as to whether it was Englishmen or whether it was Chinamen, the deceased said distinctly " yes " and "no." Margaret M'Carthy will be the next witness. Nasebt, August 27th. Proceedings were continued last evening. Margaret M'Carthy, wife of a miner at Kyeburn, {corroborated Mrs Forgie's evidence as to what Mrs Young -said. When at home fhe frequently heard Mrs Young's dog barking. ! She heard it bark for a considerable time between 10 30 and 12 on the night of August 3rd. It seemed to be loose cmtside. When going to Mrs Young's house next morning the dog met her, and went back with her. In cross-examination by Mr Kowlatt, witness said : When she saw Mrs Young she thought she was dying, but did not think she would die so SDon as she did. When she was washing her eye she asked her if she was hurting her. Mrs Young said '* No." The dog was usually kept on the chain, but she ■ waa sure it was loose on the night of the 3rd. She heard no unusual noise on the night of tha 3rd. She could hear a cooey or call from Mrs Young's house. Dr Whitton gave evidence of having attended tha deceased, and described her injuries. There were several abrasions on different parts of the bedy. Over the right eye was a lacerated wound, which was the only one that had bled. There wera marks and scratches about the mouth, as if deceased had been gagged. The left collarbone was broken. On the outer side of the right arm were marks of teeth. Eight ribs were broken on the left side of the body, all but tha first and second being broken. In more than one place several ends of broken ribs pierced the lining membrane of the walls of the chest or pleura. The first rib had pierced the Rubclaviau vein, causing internal hemorrhage, from which death ensued. He found no indications of sexual outrage. The injuries might have been inflicted by oneof the Large stones which wera now produced in Court, and found in deceased's house. He had seen the accused's mouth. An ordinary mouth might have inflicted similar marks to those foand on deceased's wrist. When he saw deceased she was dying, and her death was inevitable. . In cross-examination by Mr Kowlatt, witness said it was possible that Mrs Young might have bsen conscious two hours before ha saw her. Her injuries would not interfere with her articulation, as in his opinion tha first injury inflicted was that over the eyebrow, and then those on the ribs. In reply to the Bench, witness said it was possible she might have fainted immediatly after receiving tha more important injuries. An inexperienced person might then have thought her dead. At 7 P«m. the Conrfc adjourned till 10 this morning. On resuming, Sergeant Morton {was , put in the box. He deposed to the state in which he had found the house, the top hinge being broken off and the door being dented as if with a large stone. Blood was on a number of the things scattered about the house. Parker and Forgie had found tha money and securities of deceased which ha (tha sergeant) had in his possession. The day after the murder he was standing on the further side of Lee Guy's hut and clearly heard a man chopping wood close to Mrs Young's house. In cross-examination by Mr Kowlatt witness said he thought he could hava found money in the bouse after a close search. Hugh Marshall, son of Andrew Marshall, deposed that his father had a stack of oats near Mrs Young's house. He missed a hayfork from it «n the sth. He next saw it on the 6ch at Mrs Young's. ' The fork produced was the one he missed. A Chinaman was about to be examined when Mr Kowlatt again applied to have Wong Gye as interpreter. The request w»3 not granted. Ah Kin, miner at Kyeburn, who was one of tha Chinamen first arrested, but subsequently released, was examined, but it was very difficult to get him to answer any question put. He said he did not know tha day of Mrs Young's death, and did not remember the fact of Mrs Young's murder. He recollected the' police searching his hut. He did not observe anyone near Marshall's paddock. A document with a signature on it was shown to witness, and he said the signature was his. Ah Tack, tha interpreter, witness said told him to say it. Another objection was raised by Mr Bowlatt to the interpreter, but without avail. Witness continued: Ah Tack told him he would get released if he told something about a fork, and he would be let out of gaol. - ' ■ After discussion, a statement made by witness in Naseby Gaol was read to him, se that he might say whether it was true or not. The statement was to the effect that ha saw Lee Guy the day before the murder of Mrs Young, at about 5.30 or 6 in the evening, go to Mar. snail's paddock and take away a hayfork to his house. Witness continued : He saw a man coming from Marshall's stacks, but he did not know whether he was a European or Chinese. He had said the man was Lee Guy, but Ah Tack told him to say it. Detective Henderson deposed that on the 7th inst. he asked Ah Kin, "Do you know who killed Mrs Young?" He replied, "Me tellee yon by-and-bye." He made an experiment by hitting the door of Mrs Young's house, and listened at Lee Guy's. He could hear the noise very distinctly— more clearly than that of a pistol. Ah Lee (sworn by the blowing out of a match) deposed that he was sometimes a miner and sometimes an ordinary labourer. He was last at Lee Guy's about four weeks ago. Ha knew an iron house near Lee Guy'a. Witness, by request of counsel, was here cautioned that he need not say anything which might criminate himself. Witness 1 continued: He did not know when tha woman who lived in the house was murdered. He never stated that he did recollect when Mrs Young was murdered. Ha had not anything to say touching the death of Mrs Young. Superintendent Weldon here asked for a remand for another eight days. Another case was pending, and ha did not know what might arise out of it. , Mr Kowlatt strongly objected. There was nothing against the accused, and everything pointed to his complete innocence. A remand was granted, on the understanding that he should be brought up as soon as possible, and the Court adjourned till 10 next morning. Ah Kin denied the truth of his statement all round, and it was with difficulty that an intelligible answer could be got from him. Ah I Lee was laughing nearly all the time he was in tbe box, and seemed much amused when ha was j told that he need not " savea " anything about j tbe murder unless he liked. A broad grin was oo hia face when he, in answer to a question, said he had nothing to say, and knew nothing. A telegram in last night's Star says:— Ah Lee has confessed that he and Lee Guy procured stones on tha night of the murder from a neighbouring yard. They straggled with Mrs Young and left her for dead. They anticipated getting a large «urn of money, but not finding

it, would not take her purse and its small con tents. Naseby, August 28th. The Court resumed this morning, when Ah Lee was charged by Detective Henderson with ' aiding and abetting Lee Gay in the murder of Mrs Young at Kyeburn on August 4th. Wong Gye was sworn as interpreter, Wong Ah Tack having .to give evidence. The first witness examined, was Inspector Hickson, who produced a piece of calico with two hole 3in it and a piece of string attached. He also produced a small bottle broken.' There were a few drops of black' ink' in it at the time he received it, which ~was .about; noon on the sth inst. The person who had given him the bottle pointed out the place where he had found it, and there he saw some stains of ink. He saw several footprints cloaa , by. .', , When the witness announced that, he would ' produce a statement made to him by the accused, Ah Lee, - '■ „ " " ; <t , ~)A~ )A Mr . Kowlatt objected that 'it was /not admissible, as placards offering certain inducements had been, posted in' the gaol where the prisoners could sea them. He cited cases in support of his contention, and after long; deliberation the evidence was admitted, the presiding Magistrate saying he did not wish it to be understood as his opinion that the evidence was admissible. It was admitted on the vote of a majority o£ the justices. The following is the statement :— Prisoner Ah Lee, who was in custody on suspicion of having murdered Mary Young, at Kyeburn, on the 4th August, 1880, voluntarily makes the following statement through the interpreter, Wong! Ah Tack : — The statement I made last night is not correct. Every particular is not correct. I saw Lee Guy murder Mrs Young. I went to Le Guy's hut to have tea" with' • him on Tuesday evening (the night of the murder). ' I • went' to his hut about 4 'o'clock, or a little after/ on the night of the murder. > After tea Lee Guy put on his hoots and went outside of his hut. I waited inside until he came back at a late hour. I had no watch- or * clock, and could nofc 'tell the time, but it was 'very late, about 11 or 12 o'clock. When he came home he asked me to put on' my boots and' come out with him. We both came out of the house together. When I went round Mrs Young's house to the front door I saw a fork (like the hayfork produced) sticking: in the ground about five or six feet from the front of the door. Lee Guy told me to go into Mrs Young's garden and fetch three stones. Then Lee Guy came ' with me, and he carried two stones, and I carried one. We carried the stones to Mrs Young's frontdoor. Then Lee Guy asked Mrs Young to open the door. She would not open it, and Lee Guy took the atones and burst it open. When he burst the door open Lee Guy took hold of Mrs Young and threw her on the floor. Than he said to me, V Hold her legs down." Then Lee Gny took one of the stones and threw it on Mrs Young. ' When he threw the Btone down on Mrs Young I let go her legs, and walked away. As I was walking out Lee Guy was telling me to take hold of the fork.- He said, "Watch, and see if anybody, is coming ; if you see anybody coming sing out." I heard him searching and kicking up a row inside. Lee Guy was not in tha house very long when' he came out, and asked me to ' " come along to his hut. I went into his hut. 'We went ' in together. Then I asked him when he wag 'searching did he find any money/ He replied, "No/ 1 could - not find any." Then I said to him, " I don't belie va you that you did not find any." Then he took out his purse and showed it to me. .There was money in notes and silver in it.— l could not say how much. Them was a gold ring and brooch in it? He showed it to me on the table. " When he (Lee Guy) saw fchew was not much money in the purse he took it back to . Mrs Young. He said to me he thought there was £300 or £400 in the house. He also said that .when Mrs Youngwent to the Hogburn and Nasaby he thought she went to the bank to draw money. * When' I said to him, " Now you have killed Mrs Young, what are you going to do Vhe replied, "I am nofc afraid." Then ha told me to go on to the Hogburn. When he told me to - go on to Hogburn I said, " What are you going to do ?' He replied, " To-morrow I'll go and tell the Europeans, that Mrs Young was murdered, and they will not think it was I that murdered her." Then I said, " Europeans will know it." Then he said to me, " If > you don't tell the Europeans 'that Mrs Young ia murdered they will not think it was I done it.' t Then I went straight on to the Hogburn. Lee Guy fetched some string from his hut; and was going to tie Mrs ' Young's hands with it. He put on a mask before he went to Mrs Young's. Lee Guy had a * bottle of ink in his pocket, and it 'fell out when he took the stones from the garden. He searched for it but could not find it. > 'Lee Guy had two handker- • chiefs— one was a r white silk one, and the other was a white cotton one with a pink border Jo it. „ They were used— one of them to stop Mrs Young's mouth with, . and the other to tie over her mouth. Whilst in Lee Guy's hut I said to him, "Why don't you take th« handkerchiefs V and he replied, " I don't want them ; they, cannot be identified," ' Lea Guy tried .to tie Mrs Young's hands with _the string, but could not do so. , Then he took up the stone and struck her. Witness continued : He gave instructions to all police officers and interpreters not to hold , out: any inducement to prisoners, with tha. , object of inducing them, to make a confession of guilt Those officers were present when tha statement was made. _ It was taken down word for word as interpreted by Wong Ah Tack. After it was finished it was read over by the interpreter to the accused,- and he said it waa correct. The footprints he saw he pointed out to Mr Browne, engineer, and asked him, to make a sketch. ' ' ' By Mr Kowlatt : The handbills were printed in English and written in Chinese. ' They were posted in the gaoL The prisoners could sac them. Wong Ah Tack was a detective constable, and had free access to the GaoL Ha was in the gaol unaccompanied by any other interpreter. In Ah Lee's statement,' reference was made to another statement. On being asked witness produced it. It was made prior to' the one referred to above, and was a long rambling thing, being principally an account of conversations heard by the accused through the crevices of the cell door with ( ,the, .other prisoners. The purport was that Lew Ting and Ghee Fung had committed the murder, and that Lew Ting had told him ao during this conversation, after having made him. swear he would not disclose what was said. ' ■ ; The Gonrt adjourned till 2.30 p.m., and on resuming, , , Wong Ah Tack was called. Ha said ha was Chinese interpreter, and, lived at Ddnatan. He recollected interpreting some Chinese that „ , was reduced to writing before Inspector Hick- ', son. Ha explained the document 'produced {Ah Lee's statement) to the prisoner two or three times, and saw him sign it. By Mr Kowlatt : He had a cabinetmaker's shop, but did not carry on any other business. He was not sworn in as a special constable, Mr Weldon explained that witness was em* ployed specially for this case. Witness continued He was born in Sydney, but had been in China twice. Ha. had stayed in China for several years, and had been to school there and here. He did not aay anything to Ah Lee before he signed the document or before he made either the first or second statement. He remembered interpreting the . proclamation to him. Ha (Wong Ah Tack) .'' could not thea read the Chinese notice of pro- '. clamation. Ha could sign his name iv Chineaa . and write the date. At the time Ah Lee was making the statements he did not tell him ha thought he would soon be out of gaol On the first occasion that he was told Ah Lea wished to make a statement, ha went to the gaol Ah Lee spoke first. Ha did not make the statement that day. He did not remember seeing notices about the reward in the gaol that day. * He only interpreted two statements for ' Ah Lee, and was certain that it was after the first statement that ha interpreted to him tha proclamation of the reward. He did not fell Ah Lea anything at Mr.Hiokaon's requeafrbefore he made the first statement Before tha' prisoner . made the second statement Mr Hiokson did not toll him to tell Ah Leo anything, H« iafcrt

ttreted the second statement three times to Ah Lee before ho signed his name, so that be should thoroughly understand it. K. H. Browne, engineer, produced the ground plan of the scene of the murder ; also a sketch plan showing the impressions of footmarks shown him by Inspector Hickson. He made a plan first from a sketch, and aubstquently checked it by measurements. By Mr Rowlatt : From observation of the ground he could not cay that either of the marks were perfect impressions of a whole boot. The Court then adjourned till Monday at 10 fern. Nasebt, August 30th. Tbe Court resumed tbe hearing of the charge of murder against Ah Lee at 10 a.m. Alex. M'Hardy was the first witness. He nmply repeated the evidence given by him in tbe case against Lee Guy. In cross-examination, witness said he did not think tha noise of beating in the door would have awakened him. Margaret Mary Forgie, the next witness, also ! repeated her evidence up to when she was about i to say wbat she bad said to Mrs Young, and what'Mra Young had replied. . Here Mr Kowlart objected that such evidence was not admissible. The witness continued, and concluded her evidence in much the same manner as previously. Margaret M'Cnthy repeated her former evidence. In cross-examination, the witness said it was after the doctor arrived that she was washing the cut over Mrs Young's eye, at which Mrs Young said "No "to the question of whether ■he was hurting her or not. The clock in Mrs Young's house was stopped, the hands pointing to Borne time after 2. Dr Whitton repeated his evidence. After the midday adjournment, some new evidence was given by the doctor. It was that he bad examined the accused, and found ■cratches on Ah Lee's right wrist, on the back of the first finger of the right hand, on the first knuckle of the same finger near the nail, on the point of the little finger, on the outer side of the left arm, on the back of the left hand, on tbe back of the second finger of the left hand, on the back of the third finger of the left hand, on the right cheek, and on the right eyebrow. He also examined a pair of moleskin trousers banded to him by Sergeant Morton, which had several large stains of blood on them. Tha blood was tbe blood of a mammal, but not of a sheep or goat. W. C. Parker, miner at Kyebura, said he was a neighbour of Mm Young's, and he had been bo for the last 10 years. He livedaboufc half a mile away. Lea Gay came to his home on the morning of the 4th. He went to Mrs Young's and stayed in the house all night, and discovered footprints in the morning, which he ■bowed to Inspector Hickson. He also found that large atones whioh had been on the fence were removed. He found a piece of calico which seemed to be a mask, and gave it to Inspector Hickson. On August 10th he went with Sergeant Morton to Coalpit Gully, where they found Ah Lee. Witness asked him whether he knew Lee Gay, whether he knew Mrs Young, and when he went to Kyeburn last. He denied all knowledge of people about. Witness was near the nouse on the 4th. He did not see anyone about the garden to his own knowledge. He did not know that any of tbe answers made by Ah Lee just before his arrest in Coalpit Gully was false. He waa in Mrs Young's on the evening of the 2nd, and tbe clock was going then. It was an eight-day pendulum clock. It was etopped about 2 o'clock. He shook it and set it going. It went for a little while, and then stopped again. Alexander George M'Hardy, son of Alex. M'Hardy, sworn, said : He knew Ah Lee, and was working with bim at White's farm about four months ago. He raw him in Lee Gay* hut about seven weeks ago, close to Mrs Young's house. He spoke to him. He then •aw a pair of boots in the hut which belonged to Ah Lee. He took them up and examined them. They were elastic-side boots with a row of tackets np the centre. When he subsequently went with Morton and Parker and found Ah Lee in Coalpit Gully, he was in ■Uppers. When told to put on his boots, he refused, but afterwards put them on, and came •way with Morton. On tbe way Parker remarked *he did not believe the boots the prisoner was wowing were his. Witness went back to the but in Coalpit Gully, and took the boots (produced) from under a bonk. An adjournment took place at 6 p.m., for an hour and a-half. The Court is now sitting, and proposes to finish to-night ; but as there are 10 witnesses summoned who have not been examined, it is doubtful whether it will do so. The crossexamination is lengthy, Wong Gye acting as interpreter. In Saturday's paper it is reported that Detective Henderson asked Ah Kin, " Do you know who killed Mrs Young ?' To which he replied, "Me tellee you by-and-bye." It was Lee Guy of whom he asked this question, not All Kin. Nasebt, August 31st. At 7.30 last night the Court resumed. Alexander M'Hardy was cross-examined by Mr Bowlatfc. He said he had only examined one boot at Lee Guy's, and did not notice any particular marks about the boots, except a row of tacks up the centre! Sergeant Morton was sworn, and gave similar ; evidence to that already given. He went with Parker and young M'Hardy to Coalpit Gully on the 10th, and found Ah Lee in the hut. He there gave incorrect information about his boots. The man in whose hut Ah Lee was found said be had slept there on Sunday and Monday nights, but not, he thought, on Tuesday. He examined the clothes the accused bad on. His trousers, which were moleskin, appeared to have been rubbed with clay at the knees. On the 13th witness found spots of blood onthem. The accused was present when he examined the trousers. When witness found the spotß, he remarked, "Blood, John." Accused eaid, "Yes, me killum sheep at Botting'a yard." He handed the trousers to Dr Whitton forexamination, with a cotton handkerchief, immediately after the arrest of the prisoner he found 11 scratches on his right hand and seven on his left. He asked Ah Lee before arresting bim how he got the scratches. He ■aid be did not know how he got the scratches on his hands, but those on bis face were done by shaving. In cross-examination, Mr Bowlatt asked what conversation witness had with Jim Chang. He presumed he would be called, for he knew he was summoned. Mr Weldon said he did not propose calling any more Chinese witnesses. He regretted to ■ay collusion had been going on amongst them, and every possible obstacle placed in the way of the police by them. Mr RowUtt objected strondy that witnesses who had been summoned had not b«n called. Joseph P&BCoe, draper, of Naseby, knew the accused well. He saw him daily for 10 days before the murder. He had no scratches on bis bands on the 2nd vlt. Between the 3rd and 6th of May he sold him a calico handkerchief ex etly similar to the one produced. He mwaulk handkerchief in accused's hut, on wlfc-

ness farm, exactly Bimilar to the one produced. By Mr Kowlatt : Ace need frequently came into witness' shop for a yarn. Ou the 2nd the accused held out his hands to take a child from witness, and if there were any scratches he must have noticed them. On the 4th he saw tne prisoner leaya a Chinese house in Naseby and go away in a hurried manner ; he was nearly running. John Brown, miner, ef Kyebnrn, sworn, said he had found the ink-bottle near Mrs Young's garden fence, near to where he observed some footprints. He handed the bottle to Inspector Hickson. At 10 40 p.m. au adjournment took place. Tb.9 Court resumed at 9 this morning* G. Botting deposed that he was a slaughterman at Bolting's yard* The accused never killed sheep there to his knowledge* William Harvey, bootmaker, of Naseby, bad compared the boots produced with impressions ehown him by Inspector Hickson at Kyeburn, near Mrs Young's garden. The boots and impressions corresponded. Inspector Hickson, recalled, swore that be had received the boots produced from Parker. He wished to explain his former statement concerning Wong Ah Tack. Since he gave the former evidence he had learned that Tack was not a regular constable. James Rees, accountant of the Bank of New Zealand at Naseby, deposed that Mrs Young last did business with the Bank on tbe 13th of July. Patrick Nolan, gaoler at the Na3eby Gaol, gave evidence of verbal statements made by Ah Lee to him in gaoL The statements made were almost identical with the confession made by Ah Lee and reduced to writing by Inspector Hickson, and already published. Mr Rowlatt eaid he had already objected to this class of evidence, but had been overruled. He would not cross-examine. \ Joseph Pascoe, recalled, said about four days before the murder Ah Lee told him he had had a clean shave, and had cut himself on the cheek. Witness noticed the mark at the time. Since then part of his eyebrows had been cut away. This concluded tha evidence. Accused was then cautioned by tbe Bench. He, by his counsel, reserved his defence; and was then, without much delay, committed for trial at the Supreme Court, Dun. edin. Tbe Court rose at 10.50, having been engaged in investigating the charges since 11 a.m. last Thursday. The police have conducted the case in a patient, -energetic way. Commissioner Weldon and those under him deserve credit for their action in the case, which has been one of peculiar difficulty. Lee Guy will come up on Saturday, when it is understood Inspector Hickson will prosecute.