MURDER TRIAL.

Taranaki Daily News, 18 November 1920, Page 5

MURDER TRIAL.

EYRE CASE CONTINUED. MORE CROWN EVIDENCE. GUN'S EXAMINATION. By Telegraph.—P-ess Association. Auckland, Last Night. The third day's proceedings in the trial of Samuei John Thorn, charged with the murder of Sidney Seymour Eyre, at Pukekawa, on August 24, took place to-day at the Supreme Court before the Chief Justice. William Henry Hazard, gun merchant, said he had dealt in rifles for over 33 years. He examined Phil Eyre's gun on August 26, and his opinion was that it had not been fired for a month. When he looked into accused's gun on August 30, he found both barrels had been tired Home time previously, the left more recently. Both barrels had been cleaned, and the right had apparently been cleaned a second time. The left ban-el had a black substance in it, not having been thoroughly cleaned. He believed it had been fired within a week or ten days. Peter's cartridges in the gun case contained No. fi and 7 shots. His firm had supplied that kind of cartridge to Mrs. Eyre for the accused at one time. The shot found in the deceased's head agreed with No. 7 shot in weight. After an examination of the murdered man's room he had concluded that the shot was fired from the outside left corner of the window in a downward direction. The fircr would have to fire from the left side. He did not think the -gun could have been fired from any other angle,

Medical evidence was given to the effect that the deceased had been killed in his sleep.

TESTIMONY OF NEIGHBORS. ' A number of residents of the district were then called by the Crown. Charles Vincent, a farmer of Pukekawa, said his farm was between Eyre's place and Glen Murray. On August 24 he went to bed about 9 p.m., and soon afterwards his .logs barked, and he got up to see what was the cause. He saw and heard a horse coming towards Tuakau—that was from the Glen Murray direction—towards Eyre's pace. It was too hazy to see whether there was a man on it. Witness went to bed, but was disturbed again a little after 12 o'clock. This time he went out, liecause it was nnusual for the dogs to make, a noise at this time of night, He went x outside the fence on the second occasion, and he then heard a horse travelling back towards Glen Murray. He did not see it that time. The animal was trotting going in, but cantered coming back. Cross-examined, witness admitted that in the Magistrate's Court at Pukekawa. he had stated that on two occasions he heard a horse galloping, and that he saw nothing. Witness said he saw no rider,! but he saw a beast coming along the road. Mr. Singer: A beast.

Witness: It was bound to be n horse, because no other animal would come along the road at that time of night. His Honor: Do you suggest it could have been a cow? (Laughter). . Mr. Singer: It might have been a bull, a mule, or a donkey.

John M. Stewart, cream carrier, Pukekawa, said that about S a.m. on August 24 he noticed fresh horse footprints near a post about lot) yards from Eyre's house. He was curious, and he followed them right to where the rond branched off towards Glen Murray. The prints were good, and different from others on the road, and were on the wrong side of the road both ways. The front shoe prints had certain peculiarities. The shoes in Court would make exactly the same impression, he guessed. Cross-examined by Mr. Singer, witness said ho had heard of the murder and examined the marks because of what he had heard. He did not follow any other prints. He had never seen the shoes until to-day.

TRACING THE HORSE. Jafcs Granville, of Glen Murray, the employer of the accused, described the horses on his property and the kind of shoes they wore. Micky was the only one wearing plain shoes. On Tuesday, August 24, accused commenced ploughing a piece of land some distance from home, going to a camp there, and the horse Micky was in his charge. Witness was not continuously present when the police look a statement from the accused on August 25. The police party stayed the night at his house, and next morning Detective-Sergeant Cummings told witness that Thorn had refused to get in the horses. Witness told Thorn to get thorn in, and this was done. Detective Cummings then proceeded to examine the horses. Accused asked which horse they wanted, and witness said he thought it was Dick. Detective Cummings was looking at the hoof prints, and calling Constable Thompson, sank '■l. think .Micky's, shoes will do." The accused gave a start and said "oh," and turned a bit pale. The police then singled '.Miiektf lout and (removed his shoes. Thorn said that the marks "on the shoes corresponded with those on the road, and witness told accused it was a very -serious thing, and ho had better go to the inquest to see if anything was said about him. Accused was quite willing to go. Detective Cummings then tried Thorn's saddle on Micky, remarking that it fitted. Witness replied that it was on Dick the previous day. There was little or any difference in girth between Micky anil Dick. Detective dimming* then said there was; a print of a saddle on the cover, and witness invited Thorn to look at it, but the latter refused to do so. To Mr. Singer, witness said that when he took delivery of (he horse Micky the animal was suffering from tampers and had to be left on the way home for treatment. It was not "true that he was knocked up on lik first journey. This was a few weeks before the date of the murder. Witness dejiied also that the horse was almost knocked up when finally taken home. At this stage the Court adjmnV'd.