THE BALFOUR TRAGEDY.

Otago Witness, Issue 2170, 26 September 1895, Page 22

THE BALFOUR TRAGEDY.

THE TEIAL OF JOIItf KEOWN.

(By Ouu SrrciAX RsrouTEit.) INVKnc\RGtLT, September 2%. The trial of John Keown for Lhe murder of Hugh Stovyarfc, at BdlCour, ou July 20, commenced to-cUy before his Honor Hr Justice Wi'r Hams. A goo-3 deal of iuteresb was m^nife^fced I in theptoceedingf, although not nearly bo much as in the ttial of Mrs Dean at the Is.st criminal Bittiu^s of the court hero. The prisoner, who was represented by Sir Robert Stou v > and Mr A. C. H«uilou, appeared tv be very composed, and although be listened attentively to bhs evidence for tome time he ab length geemtd to gcow tirtd of the occupation aud allowed h.is guise to wander round ttie couit, as if hn were taking btoek of the diliereut iudividuuls who composed tbe assembly. Tho case did not sbarb till about hxlt-pasb 11 a in., aud wheu bhe courb adj >urned ab half-past 5" in the evening the wholo of th-: evidence for tbo pro«tcution, with the exception of the medical evidt-ace had been gob through. Nothing material was elicited in the txaminatiou-iii-chief beyond what e*mo out ab tha magisterial inquiry, but a number of the wituesscß were t>uV>jocted to a doge cross-examination, which seemtd bo iodic&te tbat the line of defence would be that the- prisoner was practically imai>e ab the time the alleg-d effrnce waa committed, the whole of tho o'"<^tions put to wilucß6e3 by learned coun*»-l for the defence haviug reference to , accused's dtuak^n habits and to the sb&te of his mind at the time he shot Stewart and also prior to that. Some 12 or 15 tvituesbefl have been subpeocaed for the defence, so thab it is not improbable thab the case will lasb over to-morrow. I Mr T. W. Macdouald (Crown proseculo.), in 1 opening tbe case for the prosoCuUon, eaiil the 1 prifoj.oc wivi a f*rmor. At the timo of the all.ged offence he occupied a farm a «U<nt ; disl!>uce fcom B«lfour, a small village stttlej meut on the Waimea Plains. Tho accused seemed to have gob into debt to Me^sra Raid and Gray, an<l judgment was obtained against I him for the sum of £27 odd. This was on July 4, and on the 9tb, in the ordii nary c urae of events, he having neglected or declined to pay the debt, a distress I warrant was issued and placed in bhe hands [ of Middleniiss, a bailiff of the Magisfcrab^'a j Court., for execution. Middlemias had as an assistant the deceased (Hugh Stewart), and he I proceeded on July 11 bo execute the warranb. 1 The two atrived at tbe premises of the accused on tha afternoon of July 11, and Mindlemisa B*w a-.c »Bnd, and told him »he object of hiw visit, and said thab unless accused paid he would have to take possession of hia stock Accused informed him thab he would uoh allow his stock to be ta.keu and thab the J. G. Ward Fann'-iV Asicciabiou had a bill of sale over ib. Middlemiss replitd thab he did not Teccgui-e that there was any such bill of SAle, and accuf-erl said if h« got an ord-r from the im-niger of t.H y asjeciation he would allow hitn lo ta'<« wh^b he thought fib. MidUemifs 6t^ttd thnt if he would nob allow him to bake any of hia stock he would have Co place Stewart iv charge. Ultimately it was arranged that Stewart waa to sleep in one of the ouiihouses, and Middleoiies look poase.sßiou of 10 horses. About a wtek after this Keowu and Stewart were in Gore, aud it became necessary for Middlemiss to return to accused's property to take possession under the warrant which he held. On Friday afternoon Middleiniss, having some busiuess ab Riversdale, mob Stewart there and Ute thab night., aboub 12 o'clock, they proceeded to Keown's place in order to tc'\z a , the stock. They armed at tie accused's minuses early on fthe naori>iog of Saturday, the 20 ,h of July — somewhere about 5 o'clock. Sti-wart proceeded to the stable, and when two or blree horses citno out he ran after them. Middlemns was about to follow, bub apparently catching sight of accused s^auding at the door of his bous^ with a gun in bis lwnds he took sa f eby in n ; ght. Stewart then turned round, aud «eei< g Keown, also put hia luree to speed. As he pamul tbe gate which was rear to the accused's house he accused fired a shot ab Middlemis?, which, however, missed him, and Middlamiss and Sbewa>t got "ecot ftee" on thit occasion. They proceeded to Riversdale. and Middlenvs3 left Stewarb there, and th'-n went on to Gore. After being in G^re for some time Middlemiss returned to Ri>etsd*!e that afternoon, picked up Stewart there, and the two then proceeded on hov j eSsck to t^e farm of tbe accused. A« they went up a uar-ow right-of-w&y leading to bhe house, they saw Koown and bis wife feeding tbe pigs ab the rear of the house. A man named Hornsey directed Ker.wu'a attention to the faofc that two men were coming. Keown replied, " Let them come," aod immediately Itft the pjgstye and pr^cceiled into th"3 house, where he obtained a double-barrelled g>m. He thou capped the guv and went into tbe lane to meet the two visitors, who, seeing" him coming, halted. When tbey halted Keown came up to them, stopped at a short distauce in front of bhem, and called upon them to stand. He then put the gun up to his shoulder and covered Middlennise, and then Stewart. While in the act of coveting Middlemiss the second time wibh the gun, Stewarb exclaimed, " Jack, hava more sense." The words were scarcely oub of his mouth when tbe accused turned his gun from Middl' miss, covered Stewart, and instantly fired, and Stewarb fe'l upon bhe pommel of bis saddle. Middlemiss's horse, reared, wheeled round, and bolted, and Middlemiss was seen tearing down the lane, leaving Stewart bthind him with K>own. Evidence would be called to show that Keown afterwards took up the gun and proceeded with an amount of batbariby and ferocity almost; incredible to belabour his unfortunate victim lying on the I ground. He struck him on the bead and on various parts of the body, and inflicted a I number of bru^esi. More he could not do, because tho gin broke in his hand. Hornaey rt monstrattd with, him, and ftft'-i' the gun broke Keown Itft. Ah lh-i FO'ird of the shob cue of t«o or threj rnon who were ploughing in a paddock a little di^tiiice fro.-n the housa came up on horseback, so Keowu ordered him to go after Middlemiaa and fetch him back. Middlemißs wuuld tell the jury thab he heard Keown say, •• Come back, and I'll square you oub too." Hornsey and o:ie or two labourers then direobed their abbention lo Stewart, who was removed from the pUce where he fell. Stewarb ab that time wis in an uuc^nsciouß or in a semi -unconscious condition. He waa removed from where he was lying to &

placo in a more easy position in the grounds, and sub equcntly carriod into a barn or shed some little distance behind the house. This occur* ed a ,me time about 5 o'c'ock on the ovenii!g o£ July 20. At that lime tho weather was veiy iucletmttt. It was a time when tbe dtiyß vere shorl anil lh<: raLjlvts vtry c iW, and when Stewart was carrie i into the shed h« w«s laid ou an extemporised bod made of bags and straw, aud was covered over with bags and other ili : .ngs in order to keep him as warm as possible. Tlu re be was left, and wtbb. the exception of an occasional visit from Hornsey and Suv'th, whr> huuinuely desired to look after him chuii'g tbe night, nobody attended to fc^warb until tlje following day. No nourishraoui, waa even aff -rdttd to him except that he received a diii.k of water. Hq was removed to llivortdalo on Sunday, nnd on Monday he died. During the wholo of that time he was in more or less of an unconscious condition, so thnt it was impossible to obtain any statonoi.t from him. The medical tehtiraony would go to show beyond all question that he died ai a result of the injuries inflicted upon him by Keo >vn. . Middlomiss, as he (learned counsel) had already Raid, rode away from the scene immediately aiter Stewait was shot. He \ proceeded to Rivcrsdale and summoned the i assistance of the police, who pub iv an appearance at Keown's at aboub 10 o'clock on the Sunday mortiing. When tho constible arrcted K'ovrn, a<cused said ho "hnd a shot at the ." Ho know ho had clone a foolish thing, bub it could not be helpuil. Acwused subsequently admitted to anothtr constable that he did shoot Stewarb. The ouly iasuo which the jury would have to try waa, Did Keown kill Stewart intenfcioii'Uly ? If a man deliberately presented a gun at another at a frhorb distance from him and informed hira that he intended t) kill him, as accused did on thn occasion, the jucy could come to no other conclusion tfcau that he inteuried to kill him. But other evidence would a'so bo relied upon to- show deliberateoa«s. It would be shown that early on Saturday morning accu-td shot at Middi-jmiea, and in lue afternoon he delibcrjiU-ly went intj tho hou«e to get a qua, and dbiibtrately shot Sttwatt where he stood, like a wild beaa' or a wi:d dug. If the jury were satit-fkil that accused intended to shoot Stewart, and did shoot him, their dufcy wonld be to flnd him guilty of tbe offence with which he was cbargi_d. John William Ppenco, authorised surveyor ab Invcvsiurgill, gave evidei-co »s to m»k>r\j; a suivey ot part of t.ha aceustd's property at Balfour on Wv.ducs-day butt, aud produced pla.ua of tbe property. Ai'dicw Miiidleniiss, bailiff to the Magis'ti'ite'a Court, Gore, gave evidence as t.> going to prisoner's farm on July 11 in company with Hugh Stewart to execute a warrant authoring trim to seize goods ou tbe faim. Prisoner B&id nothing should go off the place, aud witness replied that if prisoner would nob let him remove fvujtbiag hi should have to leave Stewart in charge. Witness subnequeafcly tfave Stewarb the warranb and took charge of 10 horses in a paddock behind the stable. On July 18 witnes3 saw the prisoner in Gore, and Stewart also returned there on the same day to a sale, and at about 12 o'clock at night they started to go to Koown's to get Lii hoftes, as the> were advertised for fca'e at RivertcUlo un the fol'owiug Saturday. Thoy arrived t»t tho farm sometime before daj light., and saw Keown coiae out of his house with a gun in his bund, and aa they were gallopiug away witness heard the gun go off, aud somtthiug like a frhob whiz past him. WituetiS aud Sta«art subscquantly rede to R vrrtdale, bub afterwards returned to Ktown'n, where they arrived about five m nuti'B to 5 As thiy wero goii g down » lauo tov/acd« tho house they s-»w Keown coming towari's them with a gun. When they gob withiu a few yards of Keown he put up his gun and said " Stand," aud they both pulled up. Prisoner subs- quently fired at Stewart, and witness Baw S'ewart put his hand to his left ear and cry " Oh " as hfi leaned forward &ud fell out of the saddle. Witueus'ahorso reired up, and galloped away at tbe sound of tho shot. Witness looked round a minute afterwards, and saw Koown walk up to deceased and look at him. Prisoner then followed witness, aud called out : " Come back, come b&ck, you fatbead, and I will square you out too. I will have oue of y. v " After accused callud out to come back witm-s look-id in another direct ioa, and «aw a ploughmuu leave his toim a.d run lowtvrds Kfown's. H« also saw anotb(s-- man galloping on a horse from another field to K"O\vn's house. He te*rd Keown s.sy to the man : "Fttch him b&ck, and I will square him out." Tha mau chased witness, bub witne&»'s horsa was too fast for him. Witnes-i went on to Ri vert dale, being afraid to go to Balfuur. By Sir R. Stout: Witness had not been di-inkiug on tho day tbnt Stewart was shot. When Sttwarb aud witness wt-nt to Keowu's on the Saturday they intended to' put the horses into the sUbte and to go iuto tho house. Sbewa.it had stajed ab the house for a week before. Johu Hornsey saw Stewart and the last witness at Kcgwu'ij farai en July 20, and told Kcown they were com : ii{{. Keown aeked for a gun, And witness said ib might be in tho dairy. Keown v/enb and gob it, and then asked where tha caps were. Keown'a daughter handod them to witness, aud he gavo them to Keown, as he was frightened to refuse them. Kcown subsequently went out iv tbe direction of the meu, and he heard him cay " I inbeud to shoot you." Me afterwards Baw him point the gun at Stewart and fire at him. Stewart fell on to the pommel of the saddle, aud Kcowu palled him off and struck him with the fctock end of the gun bbree or four times while he was lying on the ground. Witness called oat, " For Gjd's sake, Jack, stop or you will murder him ! " Keown then let Stewarb, and reburaed to the hause. Witness went to the field where the mm were ploughing, aud told them what had happened. M'Lean asaittted witness to remove Stewart to a clean dry [>'ac.j. Stewarb at that time was notccmcious. After deceased had lain where be was gome time, Harry Smith, George Windus, and A'exanderM'Leau assisted witness to remove him to a lean-to adjoining 1 tbe barn. They put some straw aud blankets under him and some bag 3 over him. By Sir R. Stout : Witness was a constable ia Tasmania for 12 months. He left there on the 15th of August last year. He was a constable aboub eight years before tbat. He was at the ploughing match on the day previous to Stewart being shot, bub wa« not druok. On that day Ktowu's son brought accused a bottle of whisky, and on Saturday another bobble w&b broughb to him. Witness could see tb'it Keown was undsr the influence of liquor ou Friday. Sh.;it?y afttr he «>b up ou Situr.lay bmibU Wiut lo B'.lfouc for a bo'dld of whisky for K-own. Witness could nob a&y that Keown wj,3 under bhe influence of liquor ou the Saturday, bub he mighb have betn. He kuew that Keown was given to driuk, and the week before the SUurday he gob two gallons of whisky from Dunedin. He had known accused to drink two bottles of whisky in a day, and to keep that op for a week. The reason he told Keown that Middltmiss and Stewart were coming was in order that Keown might be ready to answer any question that mi&hb be put to him, ana

when he gave Koown tbo caps ho was afraid if ho refused thai Keown might have hit htm. fceown looked as if he was in an awful temper, and ho gave him the caps to paoffy him. He could not s«vy that accused was under the influence of liquor, bafc he I h/ ughfc that he WQf, 110 could sweat p> sbiv.-ly tliafc Keown touched Stewart before he gjfc ofE the horse. When accused left Stowarfc he walked abeub m an excited condition. Wifcceus did not see bimi driuk any more th.it night afterwards. Keowtx wa3 vory calm. He said that somebody was striking matches in the shed. Nobody could have been doing tbat, and if Keown said so he mu»fc havo ben unlor a delusion. To Hr Mac<?on»ld : Kevwu knew bhaft Sbnwarfc was in tho ehed, and ho knew that he was alivft The accused w*s not drunk then. He spoke clearly, and the pronunciation of his words was clear, so far aa ■mtucsß could remember! Keown coold take a bottle of whialty without getting drunk. George Windua stated that ho was a farm labourer in the employment of aoaused in July lf.st. Early in the morning of July 20 h« wa« sleeping in the stable loft, and heard a nhoO. He got up and s*w tho accused in the porch of the honw, with something in bin hand tbafc looked like a gan. On Saturday aftarnoun, afc about 5 o'clock, he heard a shot in the direction of the houae as he waa on tho field ploughing;, IT* got on a hack and went towards the honse, and Keoxn told him to go after a man riding dowu the Une. Wibnea* wwifc sffer the mad, I but did nob catch him. As he was going down the lan© he pvssed Stewart tying on the (pound. When ho returned to the hour.c ho axsistecl Smith and Hornsey to place Stewart in the sboil. By Mr H*n!on : Accnaed often drank two or thtte bot/Jea of whWky in a day. Witoasa never «mv him quarrelsome wbon ho was drnnfr, bub he was excited. After the shooting Kocmn wa« excited. To Mr Macdonald : When accused only took one bottfe of whisky he did nob seem to be much tho worse of it. Henry Smith, gardener in th* employ of tha accused, d0p0.0.l tbab ho Bftw Kcown go to meet Middlemws *nd S'ewart, and flrc a gun at one of th*nv. Afttr tbosbo'iheftiwKt watt fall fovwatd ou his hwise He tub^equc utly saw Keown strike him with a gun, and MiddltmUs galloped away. Keown was not perfectly eober. He heard accused say, "That man Is out in the shed striking matches. He knew Sroiveri was there, bub he did nob s'om to think he wa.l hurt." By Bir R Stout : Witi.css had seen Keown und'T the inilnence o? l'qu >? fn q lently. He h*d fieu him upon Mich o-Civpions run pins into people, aud be was exeiicd on one or two occas : ons when he waa drunk. Be was very depressed on tho Saturday morning. Witness got a bottle of whisky for»ccu-ed frv-m Batfour. He saw him take two drinks out of tho bottle. On the previous day accused drank two bottlca of whUky. He Oucu saw Ki'uwu *ta iding on his head and a little boy boldiug hi» feit up. Accused said hi« brains were upßide down, or something to that effect. On the Saturday that Stewart was itvot Keowu was asleep pact of the day. Witneis saw him going about the yard in his stockings. He was very excited that day. Ho w»b often iv an excited condition. If anything wout <vrong with tho threshing machine he would fling down his hat and ju^p ou it. On the Saturday he looked a bit off hio head, and had looked l\ke tbat over sioc« he lost tb.a cms with Reid and Gray. During tbe tinoe that Stewart stopped at the house he treated him veiy well, and seemed fiieudiy with him. Stewart slept in one of the best room* in the house wit-h K^owu's son, and had h's meali with tho f»mily. Whenever arc ised went oat he. took Suswnrt with him to show him round. It took very lit f .l« to excite accused. To Mr Macdonald : It was three or four weeks before when witness saw Keowu standing oa his head. He said hi» brains wore a bit upsst, aud ho wanted bo straighten then*. He could not have been very drunk. Witness did not kiv>w how much liquor he had h*d. Since accused lost the case h« w»9 somebimen brooding fend somttt.im>B excited. He e»eaaed to be naturally an irritable man. Since the loso of th.4 ca?e he spoke more foolishly than bafore. Witness did nob put it down to his taking liquor, because he always took liqaor. Alexaudfr M'Lean, farm labourer, who was ploughing on tbe Saturday in quesMon with the lftst wttjiefts, gave evio.erce 03 to *eeii^ Sb«iwarb fall forward 011 his horau aud HidriJeiriisn gal« loping away. When wituew wa« carrying bags to Stewart, Keown told him net to icterfere or he might get hito ttouble. By Mr Hanlon : Witness had seen accused drinkir>g two or threa botiks of whiofty in a day. Tu*t occurred pretty often, and during the whole timo thab wibnesa wra vrith him ho did notthink he ever saw him a week sober. Witne«B had carried him two bottles a d*y for three days in succession. Accused was of a pfculiar tomperamex.t. He would be joking with ono, and all of a sudden his temper wonld rice. On one occawon when they wave thco»h* icg vomething went wrong with the engine and he pub some snow on the fiie. At another time bo went about bhe yard with a poker asking for a certuin pers>u on tto place. Witness also baw accused standing on his head in tho kitchen one day. He beard him say aomrthing nboat his brains, bafc did nob catch what ho bttid. Keown told the boy to hold bis legs while he stood on his he»d. Witaess had often seen accused hide tainga that anybody waansing. It was when he had the demijohn of whisky that ha stood on his bead, aboub a fortnight) before the ehooiinjj. Witness brooghb whisky to the house two or three times after the demijohn whs got. On the Friday he gob Keown a bottle, and ab dinner time accused had that finished and asked witness to go fur another bottle. After tho shooting Keown had a peculiar look. His eyes appeared to be glaring, and he was laughing. About three months ago accused had a quarrel with Mrs Keown about a bottle of whisky. He got her out of the houae and very nearly killed her. Ib waa between IX and 12 o'olouk at 1 night, when they were all in bed. Mfrs Keown j was afterwards confined to' her bed for two or three weeks. That night when Keown wa* in the height of his passion he gave witness 6a tj go for a bottle of whisky. In the morning he wanted to give him some more money, and witness told him that he gave him some the night before. Accused said he did nob remember anything abont it. He also said, " Sea what I've done to the old woman. I think I mu3t be out of my mind." To Mr M'Donald : Witncsi could not gay whethf-r accused had been drinking when he beat his wife. Ab tea time after the shooting accuHed f eemecl very quiefc. Cousbable ITcilil y giv.; (vidence aa to going to Keown'a farm on Sunday morning iv oompany with Sergranb Fleming and Constable Ferguson. They arrived afc the farm at about 1 o'clock. When witness told accuied that he had come to arreat him for shooting Stewart, accused said, " Oh, yes, I have had a ihot at the . I have done a foolish thing. 1 have made a fool of myself. Bab I suppose ib is too Ute now." Witness certainly took Keown to be sober when he saw him in bed that night. By Sir R. Stout : Witness knew accused, and he thought that accused knew him before ho

want to the farm. Accu"e4, however, did not fcppear to koow him then. Witness did not pear accaeed use tho word "mad" as well &s *' foolish," but he would not contradict auyone If they a*id that Accused did use the word "mad." Constable M'Kenzie, of Lumsden, gave evidence m to going to Keown'a with the last witness and Sergeant Fleming, and arresting accused and taking him to Lnmsden, and fthence to Inverc&rgili. Between Bulfour aud Lnmßden K«oin told him that he met Middlomisi aud Stewnit ai the machine, and as they would not go back he fired at then. Witness |pt the gun (produced) from Sergeant Fleming at the farm, and said "Is this the gao?' Keown or Hornsey replied, " Yes, that's tho gun." Witness then said the gun was broken, and asked how it got broken. Keown replied, •• It was broken before ; I broke it myself ." Sergeant Fleming and William Trembath also gave evidence. Detective Herbert said he saw John Hornsoy at Keown's on July 23, and obtained from him the ammnuition b»g (produced). There were three flasks — one containing powder, one shot, and one empty. There were no capi. Later oil he obtained from Dr Donaldson a pellet of shot, which was in the same Battened condition now ss it was when he got it. At 5.30 p m. tbe court adjoarned till 10 o'clock the i>ext nscrning. {Continued on -page 27.)