JURY DISAGREES

Stratford Evening Post, Issue 70, 4 August 1927, Page 5

JURY DISAGREES

NEW TRIAL ORDERED. PAHIATUA TRAGEDY, KELA 1 CHARGED WITH MURDER (Spocia] to Post.) PALMERSTON N., This Day. Tlie failed to agree in the case in which the Hindu, Deva Kela, wnjs charged with the murder of William John Barrett, harman at the- Commercial Hotel, Pahiatua. on June 4, and. a new trial was ordered. The evidence for the prosecution w;ts substantially similar to that! given at the inquest, and. at the Lawcr Court proceedings. Mr MeLiver, of Auckland, the defending counsel, put accused in the box, and the Hindu's story was as follows : "I am 36 years of ajre and a chef by occupation. My wife and two) children are in India. I fir.st came, to New Zealand in June, 191 S, landing at Auckland. After four months T went to Blenheim, working there from October. 191 S, to October, 192] when I returned to India. "Tn 1923 T came backto New Zealand arid started working at Blenheim for the same employer as I was working for previously. After eleven months there T went to Dannevirke and was employed by Mr Andrews for lfi months. TYIv next job was at Stratford from February to October, 192«. After that I went back to Mr Andrews' at Dannevirke and stayed with 'him until January, 1927, when I went to Pahiatua, first at the Club Hotel and last of all at the Commercial.

"I intended leaving Mr Perry's employ as I didn't like small hotels. I was always friendly, with everyone includ/ing Barrett. I got Barrett his meals, always asking him what he wanted. Barrett never insulted me before, nor I him.

"On the day of the tragedy, Barrett came in for breakfast as usual and for him morning tea. There was no conversation during the lunch hour. I served the meals for the dining room and Barrett came into the kitchen for his lunch about 1.1,5 p.m. I was cutting up bread foil stuffing!, working at a table behhind him. Barrett had soup and I asked him: "What are .you "going to have for lunch. Bill?" After serving Barrett I resumed cutting bread. Barrett then said to me: 'Are you leavinrr on Monday?' I replied 'yes.' Barrett then said : 'You are going to 10 years' gaol; I'll fix you, you b— black b— coolie cook.'

"Barrett spoke slowly and said 'shut up,' at the same time swinging the chopper behind me." Mr. McLiver: Why did yon do it? Accused : T was nnnrrv. I didn't know T was goincr to bit Barret)-, with the T h*»d lost my temper ■nif] didn't, know tha+ T was troino: to> hit anvthinar. Pnrr o+ t was close to me and it wais not till T looked h*»<*V Mi at F realised T lind struck Bill. T was then fliolitened and couldn't move For n. connlp of mimitns T did not "ionii to hui*f "nv kill him.

"Having put the chopner in the T went to my room changed my cop+. hit! w*»nt dow" to f'» office." Mr McLiver : Why did you ask the. doctor to come oiitsido and you would tell him all? Accused: There were women in the kitchen and I couldn't repeat Bill's language in front of them. Mr Cooke (Crown Prosecutor): Has nobody called you ab— before? —No, Mi\ Cooke, i)id you look when you swung the choper?—No; 1 just called out 'shut up.' My back yas to Barrett. When I saw what J had done lwas paralysed for a while.

Sydney Andrews, hotel proprietor of Dannevirke, described Kala as an excellent cook, oven tempered and with, no inclination to violence. Ha had never heard a cross work from the accused all the time he was with witness, and Kala seemed to get on well with the staff.

Thos. Kirkwood, hotelkeeper, Off Stratford, described Kala as a thorough gentleman, quiet and unassuming.