CHARGE OF MURDER

Otago Witness, Issue 3315, 26 September 1917, Page 5

CHARGE OF MURDER

THE WAIRONGOMAI TRAGEDY. GISBORNE, September 18. The trial of Frank lnkster on a charge of murdering - Oliver Andersen and Hervey Biiadloy was oontinued in the- Supreme Court to-day. , Michael Keogh, one of the party working at the camp where the tragedy occurred, gave evidence that he left the camp for the homestead on Saturday, July 21, leaving Andersen. Bradley, and the prisoner in the camp. The next day tho < prisoner arrived at tho homestead, and said Andersen had sent him for a packhorse, as he was going to leave. Witness left on his return to the camp on the Monday morning, the prisoner following at some distance. Ho found the bodies as already described,, and in returning towards the homestead ho met the prisoner about a mile from the camp with a packhorse. Witness told the prisoner of the tragedy, and took the packhorse and rode it barebacked to the station to report the matter. On the way back to the homesteady he heard shots fired in the vicinity of the tin whare. That would be between 2.30 and 2AS. He saw two horses —a roan and a bay,—both newly-ridden and covered with sweat.' He did not see the riders. There were indications that the tin whare had been occupied. A couple of sticks were still burning in the fireplace. When he went up on the Tuesday to get the bodies he called at the tin whare, and found two Maoris there. He knew one by the name of Pua. Mr Ludbrook got them to go on to the camp to help. They rode tho roan and the bay horses. When he met the accused on the Monday (after finding the bodies in camp), witness said ho was going to report the matter, but said nothing about the police. The three men away from the station on tho Sunday were Joe Pokai, Apirana Apouri, and Olio Andersen. Ho found the body of Bradley lying face downwards on a shallow dram. He was in a crooked position, with his arms under him. Tho left side of his head was resting on some photographs, which he held in his left* hand, the photographs being covered with blood from a wound in the forehead. In his right hand he held a photograph. Andersen's body was found near tho fireplace. He was lying face downwards, partly on his nght side. His right hand, which was cluiching a wet towel, was under his head. His left hand was extended palm down, and near it was a wooden pipe. There was a Winchester .rifle lying in front of the body, with the butt partly under the right forearm. There was a wound in the back of tho head, the hair being singed and the skull exposed and blackened. There was no blood flowing from tho wound. The breech of tho rifle was open, and there was a livo cartridge on tho platform of the magazine. The riiie had been recently fired, and there was a small amount of dirt on the end of the muzzle. He accounted for the dirt by the rifle coming into contact with tho ground on being dropped. If the rifle had been dropped the cartridge would probably have fallen out. To have got the dirt there it must have gone forward. To have got there it might havo dropped or been put there. There was no sign of any struggle. Witness was present when the accused was interviewed by Sergeant M'Donnell for a statement for the inquest. On separating for dinner the sergeant remarked: "I will see you again," and tho accused replied: "All right." Subsequently it was reported that The accused had disappeared, and a search was made for him. He was found in a cowshed at Paohiroa station on Sunday, July 29. William Williams Ludbrook (part owner of Wairongomai station and manager) deposed that tho accused came into his employ on May 28 under the name of E. D. Clayton. Bradley and Andersen had worked for him off and on for three years. There were no neighbours at all near the camp. The only way for anyone to go to tho camp (riding) would be past the homestead to tho track. It would bo very difficult to get from any other quarter unless from Hurikia. There being no track, they would havo to go through standing bush. On Monday, July 23, Keogh reported what he had found at the camp, and witness reported the matter to the police. Witness went to the camp next day, riding- with the accused part of tho way. Ho asked accused what had caused tho rovr between Andersen and Bradloy. Accused said he did not know, but said ho saw Andersen bring his fist down on the table, exclaiming: "I told you so before." Andersen then struck Bradley a blow, and that started tho fight, Bradley, he said, got the best of it, and thumped_ Andersen out of tho galley into tho sleeping part of the tent. He said Andersen stood there waving

his fists about, swearing at Bradley. He . further said that about breakfast time Andersen told him (accused) he was going to get out of the job, and asked accused to | get a packhorse. A boy called Pua Pokia I and his mate joined the party at tho tin whare. They were shooting pigeons. They had a shotgun. This was the only riflo on I tho 'station. j Apirana Apouri, sometimes called Bob Kartini (packman), employed on Wairongomai, deposed that on the Monday evening accused went to his room and wanted to take some clothes off a box he had left there, also some important documents and books that ho had in the box. While doing so, the accused if he heard! footsteps, : would attempt to close tho box up sharply and put it under the bod. The accused said that if he (accused) should get into any trouble over this matter. he (witness) should have tho contents of the box. He did not ask accused what he meant by getting into trouble. Next day, after coming back with the bodies, the accused said to him, "If Johnston had not seen more than one shot in the deceased they would not have sent for. the doctor, or the detective and inspector." He also said that the only man he was afraid of was the sergeant, but he would "give him a go." Several -witnesses were called to repeat statements which the accused hau made to them at the homestead after the tragedy. They showed that the accused had been apprehensive of falling into trouble over the afPair. Sergeant M'Donnell, who had the prisoner in his charge at Tokomaru Bay for three weeks after his arrest, detailed conversations with the acoused. Speaking of his arrest, tho accused said the polioe caught him while he was asleep, or he would have given them a go for it. On another occasion accused remarked that he would be a fool to tell the polioe all he know". Detective M'Leod gave evidence as to the arrest of the acoused. On the way to Tokomaru the accused asked whether they gave any reformative treatment in gaol. At Tokomaru the accused remarked that if ho could have got a horse the police would not have caught him so easily. He added that he would have got a job on a Maori station for a couple of years and grown whiskers and then got away on a ship.' This concluded the case for the Crown. Mr Burnard intimated that he did not intend to call evidence for the defenco. Mr Burnard proceeded with his address to the jury, stressing tho purely circumstantial naturo of the evidence, and urging that there was nothing to connect the accused with the orime, which might easily havo been committed by any person with a knowledge of bush country. Counsel suggested the possibility that the two men wero murdered by an outsider who then placed the rifles and tho bodies in such a position as to suggest murder and suicide. The position in which the rifle was found , was not a natural one | His Honor intimated that ho would sum j : up in the morning, and the hearing was , , adjourned till then. j

ACCUSED ACQUITTED. GISBORNE, September 19. Mr Justice Hosking this morning ■ delivered a lengthy summing up iri tho case against Frank Inkster. His Honor said the jury had to be satisfied .that a murder had been committed,, and, if so, whether the accused (Frank lnkster) was the guilty person. It was for tho Crown to establish the case, not for tho prisoner to establish his innocence. Tho conclusion originally arrived at (that it was a case of murder and suicide) had resulted in there not being the thorough investigation one would expect in a caso of murder. In murder cases they usually had to rely on circumstantial evidence. The prisoner, so far as was known, was the last person seen with the two deocasod, and, according to his statement, he came down to get a pack horse for Andersen. There was nothing of tho deceased's found on tho accused, and it was on hia subsequent conduct that they wero asked to judge tho caso. His Honor closely reviewed the evidence as to accused's demeanour, and also dealt will tho question of motive. After half an hour's retirement the jury returned with a verdict of "Not guilty."