THE WESTPORT MURDER CASA.

Colonist, Volume L, Issue 12279, 26 June 1908, Page 2

THE WESTPORT MURDER CASA.

TRIAL OF HALINEN AND ANDERSEN.

THIRD DAY'S PROCEEDINGS. At the Supreme Court yesterday, before his Honour Mr Justice Chapman, the trial of Olaf Halinen and Anders Andersen on a charge of murdering John Ernest Bourke, at Westport. on May Bfcb, was continued, It being the third day. Mr Fell, Crown Prosecutor, and Mr Myers, Crown Prosecutor at Wellington, conducted the Crown case, and Mr Herdman, instructed by Mr McDonald, appeared for accused. Mr Myers called and examined fJeremiah Joseph Seward, who stated : He was working as a laborer at Westport for the Westport Coal Company. He knew Bourke well. Kemeinbered the night of May Bth ; saw Bourke aboutfive or ten minutes past eight. tie was kavmg home a minute or two past eight, and called at the Q.C.E Hotel. He looked at the clock it was five minutes past eight. Saw Bourke with three- men on Price's side of the road; it was a very gloomy night. Some of the men were nV.-jt sft 7in or sft Bin in height, nbdut an inch higher tfcan himself, be being sft 6%in. The men were talking in pretty high tone.s He heard bourke speak. He knew the accused were on the Canopus. He saw the accused at the City about 9.10 or 9.15 that night. Hahnen asked hjm to have a j drink; he remarked, "I knocked my! roan out," blood being on the front of his coat. He went voluntarily to the police when the men were arrested. Cross-examined : The Norwegian con sul took his^statement down. He gave Inspector Black and the Chief De- [ tective a statement. He thought the Norwegian Consul took ins statement. He was at work, and he heard Mr Wilson had said he was not called ia the lower Courb because he was not all there. He knew Bourko for yetrs. He had not been drinking with Bourke on May Bth ; on that day he had a pint with his lunch, and a pint in the evening at the City Hotel. If he went into Ayers'; hotel to get a pint of beer he looked at the clock. There were any amount of sailor 9in the City Hotel at ten o'clock that Tight. He was waiting for work on the wharf, on one of the small boats. He did not get work, and supposed there was no coal there. When he saw the blood on Halinon's clothes he thought there bad been a row among some- sailors. He knew Bourke from ten to twenty years. By the Jtfdge : He lived in the next turning to the Q.C.E. Hotel. By Mr Myers : He worked at all hours. By the foreman : He waß at the City Hotel at 9.10 p.m. Winifred Harcourt, barmaid at Lennie's hotel, stated: The accused came into the hotel on May Bth, a few minutes after ten in the evening Halinen came up to the bar,

and Andersen stood back. She notioed blood on Haline'n'a coat acd on his right hand; it looked fresh looking blood. She. saidi, ' ' OOsh s have you been fighting." He did not answtfr her. They spoke m English at first, and after in a foreign language. They were very excited, and seemed to be talking about a fight ; they were sober, but were excited. She served them. Pearce's i fish shop was next toiiennie's hotel. While the accused having a j drink she. heard a commotion next jdoor, and a woman's voice, speaking load, and -everyone rushed out of tbe bar. The accused put down thenglasses, and went out. Did not see accused any more that night. Mr Lennie heard the row ; he came back, and asked the time, as Pearce wanted to ring up the police ■. it wad 10.15, too late to ring 1 up the police. The clothes prqbiuced were similar to fcndse Haliiien and Andersen nad on that evening; she was quite sure of Andersen's overcoat. Cross-examined: The hotel was quite close to the wharf, She was alone in the bar that evening. When the row occurred at the fish shop there were a good many persons in the bar. She did not see accused after the row at the fish shop. She did not remember what _day her statement was taken down. Tne blood was red, and looked fresh > Mr TJennie was only out two minutes, when he returned, and asked the time. Uid not think sh6 was mistaken about seeing the blopd on Halinen's coat before the row in the fish shop. , . . By Mr Fell: Theirs was a white counter, and tne blood showed distinctly. _By the Foreman: The blood vas on the back of Halinen's hand ; his hand did not appear to be cut. Alexander Lennie, proprietor of tbe hotel, said that in consequence of what Miss Harcourt said to him on the evening of May Bth, he went and looked at some men. He saw the two accused men in front of the bar, a few minutes past te_n o'clock; He saw stains- on Halipen's coat sleeves', but could riot gay what the stains were. He stopped tnere five or ten minutes, then there was a disturbance at the fish shop, and everyone went out, the accused being the last to leave. He was standing on the doorstep when the accused went out. They stood about twelve feet from the front of the hotel. He heard a woman scream, and a general row. Pearce came, and wanted the police rang up ; he looked at the clock, it was 10.15, and too late. He did not see the aqoused in the 1 hotel after the row. They may have come back, but he did not see them. Andersen was a very quiet man. Oioss-exanmined : He was in the billiard room after the row in the fish shop. He saw someone pulling the shutters down of the fish shopHe heard the sound of glass break, ing, but did not know whether it was the door or window. Miss Harcourt was in the room when he made his statement to. tbe police. Before the n"sh shop row Miss Harcourt drew his attention to blood stains on Halinen's coat. He was sure of that. By the Foreman : Ho was in the billiard room when Miss Harcourt came and spoke to him. By Mr Fell: Miss Harcourt was serving the accused when he came into the bar» He stayed a few minutes watching Haljn,en',.. who was strange to him. The accused had not drank their drink when the row in the fish shop took place At that time he had not beard of of Bourke's death. He did not see the accused that night after the fish shop row. By tbo Foreman : He saw no blood on Haliuen's hand. He had his hand on the counter, and he had hold of the glass. „ , Leonard Bull, of Westpdrt, stated: He remembered the evening of May Bth ; he was at Lennie's hotel from , 7to 11 o'clock. Heffsaw the accused there. They came in while he was there, being by tnenisekes. They went into the front bar, to the front of it, and had a drink. Miss Harcourt said, "Oh, my, have you been fighting; you are all over blood." He sai? blood on Halinen's night cuff of his coat and naud. Saw Lennie that evening, he stood beside him He did not see tne stains until the girl drew attention to them. The girl would not serve theni at first. He did not know what tbe two men -were talking about. Whilst he was at the nounler and the men were having a drink, there was a row at the fish shop, and all rushed out of the hotel. He saw Connelly rushing at the shutters like a mad bull. He thought Connelly was sober, but mad. Haliuen caught hold of Connelly by the collar, and gave him one or two slaps. The whole row lasted about ten minutes. Connelly went into Qualter'sjbotel. The accused did not come into Lennie's again, and he stopped there till pretty near eleven. He had never seen Halinen before. Halinen said be had given one man a doing that night, and he would do any, man in Westport. He said he was a Russian Finn, and was 22 years of age. Connelly was only at Porter's about two minutes, and then came out and went to the river. The stains were on Halinen's coat before the row in the fish shop, Cross-examined by Mr Herdman : He had been eight years out of the hotel business. On the evening of May Bth he was at Jjennie's hotel pretty well from seven o'clock till close on eleven. He called the stains on Halinen's coat blood; they might ha ve been mud. The row at the fish shop did not occupy more than ten minutes. He was sure he saw tbe stains on Halinen's coat before the row at fish shop. He bad never spoken to Miss Harcourt or Mr Lennie about the stains on the coat sinc9 the Bth of May. He never knew that Miss Harcourt and Mr Lsnnie were to give evidence, neither did he discuss with them \ the evidence. Re-examined : He was as sober on the night of May Bth as he was at that present time. He once owned Lennie's hotel for eight years. He was now independent of work . The barmaid's remark made him look at Halinen's coat, and observe the stains. William Murray stated : He was a seafaring youth, aged 18 years. On May Bth was brass boy on the steamer Kosamind. He was ashore on the evening of May Bth, and went to Lennie's Hotel. He knew Connelly, but he was not a mate of his. He met Connelly that evening (May Bth). He had one drink before he met Connelly ; they went to Qualter's hotel, then, to Lennie's. then to Porter's, and next to the Q.C.E. hotel, Connelly suggesting that they should go there. At Porter's he was talking to the barmaid at the first slide, and he noticed no one come in there, neither could he say that Connelly left him while there. They went into the Q.C.E hotel by tbe | Bright][street entrance. ' AFTERNOON SITTING William Murray continued: He had not taken notice of the actual time lup to the time of reaching the Q.'J.E hotel, but knew be left the ship about six o'clock. At the Q.C.E he saw a man lying on a sofa in the passage ; he knew now that the man was Bourke. He called for drinks at the bar slide near where the man was lying, He "saw no other man there except' Bourke. He heard Mrs Ayors when she came in speak to Bourke, and tell him to get up and go out, but he could not state her exact words. Bourke sat up when

Mrs Ayere'gpoke to faitu, and Goj^nell.y toois him out. . Ha : did nbt hear Connelly ask a question, and jlVtjfl Ayers answer. Bourke walked lame ; lie ciid not appear to be sober, he had had some drinks. It was near ten o'clock before be knew the man was Bourke. Connelly, when he went with Bourke, told him to; wait a Jew minutes until he. caujtS baok He looked a1; the- eltjck just after the.twd left the Q.C.E, and jt waa about live minutes past eight o'clock.^ Connelly was away about ten jninutes from ■ the hotel, or a little more. When Connelly returned all down the front x>f '.1m a-' clothe 3 was covered with mud, and there were some splashes .on -bis back. Connelly wiped his face and clothes with a white ,Jb.and kerchief. Wthdo. he canie back Connelly said, "Tms is a nice mesa to get in, " and that he had taken the man down to the corner, and he fell m. " The barmaid at the Q..C.E shouted them drink. They next went to Price's hotel, on the way Connelly borrowing a shilling from him. While they were at Prioe's a policeman came in to get tne loan of the telephone, as a man had been found dead in a shed, Connelly tried to get into the room where the telepone was. but did not succeed. He after went to the shed and saw Connelly and two or three otber persons there. They had a lantern i He sayv the de^d body, ,b£ its character' he knew it was 'the nian Connelly had taken from the Q.O.E. He saw Connelly wipe Bourke's face with the same bandkerchief he had used to wipe his olothfis of the mud. Connelly sent for some hot water. Bourko's face was all covered with blood. The doctor came, and the dead body was removed to the morgue.; He and, Connelly went back to theQ.O.E* Connelly had a. drink; and hsd had two more drinks than witness. Connelly was drunk after leaving the Q.C.E. They went to the fish shop, where a row, took; plaoe thrdugh Connelly, who wiis dancing around," be hit the girl in the shop: broken the glass doer; and started pulling down the shutters, when Halinen came, and caught hold of Connelly by the collar or neck, and threw him into the street, he did , not falh Attor the row witness went back into the fish shop, and did not see Connelly nor Halinen again that night.' „ , , ' Cross-examined by Mr Herdman : He did not see Andersen on the night of May Bth, ana Halipen only, once when he threw Cbrinel.ly inf.o the street,, when Connelly was taking down the shutters of the fisli shop, While at Qualter's hotel he heard no one call to Connelly, "Here, Geordie. " He would have noticed if anyone had come to the hotel or called out. Connelly never said one word to him c about, the tobacco transaction, nor about wanting to fetch Bourke put of , the Q.C.E hotel, nor about the roller;. He never saw a .roller- in the 9treet. Mrs Ayers entered the • hotel by the right street door. When Connelly and Bourke left the hotel he went to the door and saw them cross the street. He was absolutely certain he did not see two other men. in the street, neither did he hear any . whistle The barmaid told Connelly to take Bourke where there were no people. Connelly was pdffitig and blowing when he returned to the Q. C.E. .hotel, and he T stated that he had fa len over. Connelly asked him if he (Connelly) had his coat ott 1 on the evening of May Bth, and be replied he had not. Connelly said Buutke must have put the knife, and pipe into his pocket, b'rom six o'clock till they got to the Q.C.E hotel about eight o'clock he did not remember Connelly leaving him that evening; .... Ke-exaniined \ He did not iodk for a. roller. He did see Connelly and T? ■ '1 cross the street. Connelly , .■-..., called Qeordie. liy the foreman : Connelly could not walk straight: when they left the Q.C.E hotel. He did not see any mud on Bourke's clothes when he left the hotel. Oonneliy did notffall to the ground when Halinen threw him awayjirom'tbe shutters of "the iish shop.* Thomas Keenati ; a bpriatable stationed at Westpoi-fc, stated: On the night of May Btb, a few minutes , to 9 o'clock, Mr Duncan, of McLaughlin's stables, gave information at the Police Station of a man being found dead in the dhed. He and Constable Buttar wont to the shed, and found in it the dead body of Bourke. He had known Bourke for se\jen years at Keefton, They bad the lamp of Mr Topham's vehicle. The witness described bow the body was lying, and the wounds, and what Connelly did. Connelly was the first person he noticed to arrive at the shed. Witness had an idea that BourKe had been choked with blood ;he forced Bourke's teeth open, and there was blood in the mouth. Nothing whatever was found on Bourke's clothes. The clothes produced were Bourke's. At 6,30 on the morning of May 9th a piece of Bourke's vest and his cap were found in the shed. The floor of the shed was wet, the wind having beaten in the rain, and tberc was no door to the shed. Connelly was arrested that night for breaking a window at the fish shop. A man like Halinen asKed what they ware taking the boy for, and he replied for damaging a window to the extent of £1. He took the man for the Hecond officer of some ship. There was a conversation between the man and Connelly. Tue man, who spoke with a foreign accent, and had on a black oilskin coat, said to Connelly some= thing about his boat going out at two o'clock . The pipes and knives p roduoed were > found oh Connelly: He was anxious to get Connelly attended by a doctor* as his hands were b'eeding so much. Cross-examined : He saw no blood about the shed, nor much about Bourke's clothes. Connelly could use his lists, and wag a bit willing. There was'no money on Connelly nor Bourke. On May 7th Bourke said respecting a debt of 13s due from him that he would pay it in a few days. ..'...;- By the foreman : The floor of the shed was very smooth for a few feet, as if the body had been dragged that distance. There were no signs of a strugle taken place in the shed. "The man with'the dark oil* skin on had no officer's badge on. lie was like Halinen in build, and had a foreign accent. John Buttar, a constable, stationed at Westport, said he went with Constable Keenan to the shed on the evening joL-the.. Bth of May, and he corroborated that officer's evidence. It was on the 9tb of May they suspected foul play as to Bourke's death. He corroborated Cookery s evidence as to what took plaoe in Cookery's hotel about eleven o'clock on Saturday forenoon, May 9fcb, wheu Halinen described what he bad done on the previous night to a tall man, with a dark moustache, and who -walked lame. He had no doubt whatever that in that description Halinen was referring to Bourke, and there was no complaint made to the police oi any man being go served m'Westport that night. May Bth. Afterwards Halinen and Andersen were arrested in connection with some tobacco on which Customs duty had not been paid. They were arrested on the charge of Bourke's murder on May 13th, when- Halinen said, "What is ail this about. I did not kill any man," and he started crying. Andersen said, "Do not cry Halinep ; you did Lot kill any man, did you?" Halinen replied "No." Andersen said, "Whataie you crj ing for? Have you not a clear conscience!" Halinen said, "1 can get men to prove where 1 was au eight o'clock that night. " Nothing had been said by the police officers present about the hour. He was not sure wheher the warrant had been then read to Andersen. * Cross-examined:" The conclusion of foul < play was aroused by . the nature of the wounds. He did not

aUa inauires about Halinen arCI the evening of^•J»l»» *^ of May9thheßhqut f datCQCkery ; with Connelly in the vicinity of th* gaol. The surface of the shed «a< smooth for about a couple ot yards?, as though Bourke's body had been dragged that distance There wa> no trace of blood on the shed floor ■Re-examined: There was no sign cf ttie ; bddy having been dragged from outsiderof the shed, He was not in charge the case, his superior ,Oncers Iwere. Hermade what inquiries he bad to make. Mr McMasteis told him be could: not: remember tht hour the accused men were at tneEmpire Hotel. "Friday" did no* appear on the warrant, only May- Bth. The steward of the Talune was not as tall as he was. 1 The Coart then adjourned till tei. o'clock this morning.