UNDERWORLD LOYALTY

Sun (Auckland), Volume III, Issue 813, 6 November 1929, Page 1

UNDERWORLD LOYALTY

Nelson Street Stabbing TRIAL OF GEORGE CAFFERY Wife in the Witness Box rE third day of the trial of George Caffery, for the murder of Thomas Leavy, who was fatally stabbed at a house at 119 Nelson Street on the evening of August 2, was entered upon in the Supreme Court today. The concluding evidence for the prosecution was heard this morning. Mr. Justice Smith, who is on the Bench, made an inspection of the scene of the tragedy before the hearing was resumed today.

Mr. Meredith prosecuted and Mr. Dickson and Mr. Me Liver appeared for accused.

The condition of the Nelson Street house shortly after the tragedy was described by Detective Knight, who also detailed the subsequent arrest of Caffery at his home. Byrne was lying on a sofa in a hopelessly drunken condition, the detective said. Cattery's boots and socks bore bloodstains, but Byrne’s grey suit and shoes were not marked. The police officer said that be had seen the brown boots produced, in a wash-house at Cattery’s house that night. The boots were then quite dry with signs of blue mould on them. The path leading Irom Nelson Street to Cattery's home tvaa wet and muddy that night. Questioned by Mr. Dickson, the detective said he had not mentioned these boots, as no reference had been made to them. He admitted that he knew that Caffery alleged on the night of the tragedy that Byrne was the culprit. BLOODSTAINED TROUSERS A pair of bloodstained trousers were produced and Caffery was called from the dock to measure them against him, to show they did not fit him. The detective said he certainly had not seen these trousers previously, and certainly did not see them In Cattery's house on the night of the tragedy. He considered that at 7 o’clock Byrne was not in a condition to know what he was doing. Corroborative evidence w'as given by Detective Snedden, to whom Caffery remarked at the police station: “It’s a murder charge this time.” The detective read a written statement by Caffery, in which accused stated that in company with Patrick Byrne he had visited the Nelson Street house to see Cole. The door was opened by a man whom he did not know, this man refusing him admission. He had a scuffle with this man, who started back with the cry, "Look at the blood.” Caffery said he had nothing in his hand at the time and he did not see Byrne with any weapon. Detective-Sergeant Bickerdike said that the brown boots found in Caffery’s house the night of the tragedy were examined by the aid of a torch, but he saw no blood on them. Patrick Byrne, a seaman, said he left the Wingatui two weeks prior to August 2, and was living at Caffery’s house. He was drinking with Caffery and other men throughout the day, witness having consumed 15 to 20 beers. Leaving an hotel about six "clock, they took home six or eight ’square-riggers.” where the liquor was broached and after a “sing-song” witness lay down on a couch and went 'o sleep. Caffery was then present. He wag later roused when the police came in. He did not know of the stabbing until he was arrested and taken to the police station. He was then dressed in a grey suit and a pair of brown shoes, which he subsequently disposed of in a second-hand shop. Byrne denied that the brown boots or tbe blue trousers produced in court were his property. trousers did not fit An ocular demonstration was given fo the court of how the trousers and boots fitted Byrne, who came back into the room unable to button the front °t the pants to the top, and the boots u ' mile too big,” according to witness. Questioned by Mr. Dickson. Byrne denied that he struck a woman in the ’we in Hobson Street. After be and Cattery returned home about 6.20, they bad some drinks and witness went to sleep on the sofa. He refuted the Jbggestiou that Caffery and witness bad left the house about 6.30 to go to Cole’s house. blr. Dickson: Vou are a seaman by i occupation. Are you in the habit of t cAffytng knives?—None; I’m a stoker, j What knives have you taken to | Cattery’s place?—None. I

Byrne denied a conversation with Mrs. Connor in which she said that after the police had gone witness had asserted, “X am in this. They will come back for me.”

Byrne said that he was wearing a green shirt earlier in the day and changed it in the afternoon.

Mr. Dickson: If Mrs. Caffery swears you came home and changed the shirt at seven o'clock that night what will you say?—lt's not true. Byrne was questioned concerning a large number of convictions for assault, but in only two instances could the witness remember. "The rest were 5s and 10s fines,” he said. His Honour: You don't count those? —No! Byrne said he had been in gaol most of the time since the tragedy. He had lost weight since the fatality. “UNDERWORLD TRAGEDY” “This is one of these unfortunate underworld tragedies that has been brought before the court,” said Mr. Dickson, “but so far the full facts have not been disclosed.” Counsel said he was fortunately in the happy position of being able to tender evidence that would create a belief that Caffery was not the man who committed the murder. Counsel went on to outline the testimony to be offered for the defence. He said that Caffery had left O’Bullion and Byrne about 6 o’clock, to go to see Cole, whom he believed to be living at Langton’s. Later, Caffery went home and then went out in company with Byrne to the house in Nelson Street to see Cole. At the door of the house, Caffery had a struggle with the man Leavy, but counsel contended it was impossible for accused to have stabbed the man because he was gripping the lapels of Leavy’s coat. “When there is a crime committed in the underworld evidence cannot be obtained,” said Mr. Dickson. He added that the two men, Thomas and O’Bullion, had adopted the attitude of knowing pothing of the affair. The Crown or the defence would have called these men had their evidence been available, but in the underworld slang these men would not become “narks.” When Caffery and Byrne returned to the house, Byrne, it would be alleged, changed his shirt and blue trousers and the brown boots which he had been wearing all day, which were later handed to the police by Mrs. Caffery. MRS. CAFFERY’S EVIDENCE Mrs. Caffery. accused’s wife, said that her husband and Byrne bad been out all day drinking together. The two men were home at 5 o’clock, but as she took some liquor from them they went out ten minutes later. Shortly after 6 o'clock, Byrne and O’Bullion returned to the house, followed later by a man named Thomas. Her husband arrived home about 6.35 p.m. O’Bullion was very drunk, but neither Byrne nor her husband was very bad. The men refused a meal, and had a "beer” instead. About 6.50 her husband and Byrne left the house, because she would not allow them any more beer. She and her husband had quarrelled over his drinking. Some time later her husband returned, and he then had a cut under his eye. Thomas left the house and witness’s sister, Mrs. Connor, arrived. Her sister bathed Caffery’s eye. and accused remarked that “tile wild Irishman” (meaning Byrne) had done it. Byrne, who had come in, w-ent upstairs and came down dressed in a white shirt and a grey suit. Byrne was dancing round singing “Yacki Hula, Hicki Dula.” and when witness objected, Byrne wanted to leave the house, but' was dissuaded by Caffery. As witness was leaving with her sister to go shopping, she met the detectives, whom she allowed to search the house. Caffery and witness were taken to the police station, where she was detained for several hours. (Continued on page 11.)