MURDER IN RECREATION GROUNDS.

Taranaki Herald, Volume XXXIX, Issue 8758, 21 April 1890, Page 2

MURDER IN RECREATION GROUNDS.

THE INQUEST. THIS ISA.V.

The inquest touching the death of Stephen Ma'oncy, who was found murdered in the Recieation Grounds, on Saturday, April 12, was begun in the Council Chambers at 9.30 o'clock on Monday morning before C. C. Kettle, Esq., Coroner, and the following jury : — J. (J. George (foreman), F. A. Ford, W. J. Shaw, P. L. Webster. E. N. L. Okej , and D. Shuttleworth.

Mr Standish appeared to conduct the enquiry, and Mr Samuel appeared to watch the proceedings on behalf of Mahi Kai. Inspector Pardy represented the police. Major Brown interprcted,and Mr Thompson, interpreter, took the evidence down in Maori.

The accused, (Mahi Kai), who appeared in the clothes he had on at the time of his arrest, with the exception of the boots, sat down in a chair near Major Brown the interpreter. There was a pretty large attendance of the public present to hear the evidence. Mr Samuel suggested that witnesses might be asked to withdraw into the Reading Room adjoining. Mr Standish said he had no objection to such a course, and all witnesses then withdrew.

The Coroner intimated to the jury that they had seen the body on last Monday of the unfortunate man who was murdered, and it would be for them now to hear the evidence to be adduced, and bring in a true verdict on the same.

Mr Standish then called

Mrs Carnell, who, sworn, said : My name is Margaret Ann Carnell, and lam the wife of Charles Carnell. I reside between the racecourse and the Recreation Grounds. My house adjoins the Recreation Grounds. I knew Stephen Maloney, who resided near to where I live. He resided not far away, but I cannot tell the distance. If I stood at my gate and called ho could hear me. I have resided at my present residence between 25 and 26 years, but I could not say exactly. Stephen Maloney had resided as near as I could guess for 23 years in the house near mine. I last saw him alive on Friday, April 11. 1 saw him between 9 and 10 o'clock that morning. That morning I called to him, and he came out. I asked him to go a message for me to the Co-operative Store to order some flour. He told mo lie would go directly. He said something about cutting up some wood first, and then he would go. The flour came up about 11 o'clock or just after. Stephen Maloney always had his dinner at my house. This Friday ho was absent from dinner. I keep a whistle which I used when I wanted him to come over. I blew this whistle but he did not come. I dished up the dinner and I then sent a little grandson — Leonard Butterworth — over to his house. The boy came back, and said Mr Maloney was not at home. Between 4 and 5 o'clock I sent the Banie boy over to tell Maloney to come to tea. The boy came back and said Maloney was not there. I got upset, as it was unusual for Maloney to be away like that, and later on I think my husband went over to his house. My son went over too. On the following morning, (Saturday), my son went over by my instructions to see if Maloney had come home during the night. He came back, and said he was not thero. Maloney was in the habit of leaving some of his clothes at my house. I think I handed some of these over to Sergeant DulKn. I think I handed over a pair of trousers. The deceased had a waistcoat similar to these trousers, which were blue serge. Maloney had a pair of drawers in my place when he was missed. He had other drawers similar to the ones at my pliieo. T! le deceased always got material^ rom me to mend his clothes. He got darning cotton, darning wool, &c, and a pair of scissors to work with. [The drawers (produced by the police) witness here said were similar to the ones in her place, but were thinner, being more worn"!. The pair in my house arc thicker and better. The cotton used in mending the drawers (produced) is similar in number to the cotton used in the drawers. I have served Maloney with similar cotton. Trousers (produced by police) were the ones I gave to Sergeant Duffin. They ate blue serge. Maloney wore a vest similar to the blue serge vest (produced by the police). This vest was not in my possession. I had a talk with deceased about a fowl of mine that was laying away. I first spoke to him about it about a week before his death. Maloney said he would look for the nest, and he was looking for it all through the week. He used to look, I think, in the Recreation Grounds somewhere in the vicinity of his place. He was not able to find it.

By Mr Samuel : My house is on Wakc-field-street, there being a small garden in front of it running to the street. I always came outside nry front gate to whistle to the deceased. It is a sort of wide lane in front of my house. Maloney's house is on the opposite side of that street.

At this point the Coroner said it would be advisable to let the jury see the place where the murder took place. Mr Samuel said he would like to appeal to those conducting the enquiry to have the spot where the body was found fenced off with barb wire in order to prevent the place being trampled down any more. This place, he thought, should be kept from public encroach as much as possible, in onler to preserve any evidences of a struggle.

Inspector Pardy said he would see about the matter, but he would first of all havo to wire to Wellington for authority to incur the expense.

Cross-examination continued : Maloney's house is some distance from the road. The door of Maloney's house was an old one, and was difficult to close, as it dragged. He used to leave it open, I think, but I seldom went to the house, as I used to call him always. I don't remember ever seeing the door closed. I gave Maloney a padlock years ago. I don't think he used to fasten the door lately or lock it at all. I did not go to his cottage on the Friday. I did not go to his house on the Saturday, but I sent to town that day to report that lie was missing. I sent my son just after dinnor to report that Maloney was missed. I went myself shortly after my son in my working clothes. As far as I know this was the first time anyone reported Maloney as missing. I can't tell how many pairs of drawers Maloney had, but he had moie than one pair. I know nobody with whom the deceased ever quarrelled. He was a quiet old fellow. I noticed him with a new pair of boots on previous to my missing him. He had not the boots very long. Maloney told me he was going to buy the boots. The boots were brought to my house by a boy on horseback. The boy said if Maloney was not satisfied with the boots lie could have another pair. The boy did not leave them at my house, but enquired where Maloney lived. I did not see the boots then. [At this stage witness said she could not say if the drawers (a very tattered pair) produced she ever saw in Maloney's possession.] The boots I first saw on his feet, as they creaked very much. It was in March that Malonoy got the boots. I believe he wore the boots on the first day of the races. The raco days were April 1 and 2 of the present month. I would not know the boots if I saw them ; J only remembered deceased wearing a new paii . I never saw the Maori, Mahi Kai, to my knowledge before. I never saw him about the place to my knowledge. I remoraber seeing no person about the place on the Friday morning April IJ, only my liltlo grandson, LuCfjRUU tflUtyrworlh, J W u ß noj; (jiUJug

at the door that day. My son was home that day. His name is George, aud his age is 24. My son had been away for some time, and returned about 4 weeks ago. He is single, lie was living in the house at the time Maloney was missed. He was employed by me. When I speak of myself I mean my husband also. My son was cutting tops off pinus iusignis trees on Friday morning He went to work just after breakfast, and was working a couple of hours before I asked Maloney to go to tho the Co-opera-tive Stores. My son was topping the trees with a hook, I think. The trees he was topping were on the Recreation Grounds side of our bouse. They were very thick, and one could scarcely sec through them. In topping them my son would have to climb up in the trees. The job is not iinished yet. Tho wet weather stopped him. It mined very much on Friday afternoon, April 11, and also at night. It was not raining when I went to call Maloney. I don't think it was mining when I whistled for him to come to dinuer. I i havo not seen the place where Maloney's body was found. If Maloney was away from his hut, anyone could go aud steal from it if the door was open. The house is exposed lo view from the front. Anyone coming in the ironwork gate of the Recreation Grounds can see the front, and a person going into the hut could be seen if anyone was about. There is a man working on the ground, The hut faces the sports ground in the Recreation Grounds. I have noticed the house on coming from church through the grounds.

Mr Standish suggested that Mrs Carnell might point this out to the jury on the ground.

. The Coroner said he intended the jury should sec the ground.

Evidence continued : My husband is 70 years of age. He assisted my son in pulling the pine boughs down with a piece of rope. My husband was working with my son that morning. _We were all three about the place that morning. My husband and my son came in together to dinner. The drawers that have been produced are similar to the ones now at my house. The cotton used in these drawers is similar to what I have given him. It is knitting cotton I gave him, not darning cotton. Itisknitting cotton that is used in mending the drawers (produced). I have given him darning cotton, thread, and sewing cotton. I gave him any sort he wanted. I can t say I ever saw before tho drawers produced by the police. Maloney sometimes had his breakfast and tea with me. He did not have breakfast on that Friday morning. The first time I saw him was when I called him to go the message. He always spoke freely to|rne. Nobody as a rule ever visited Maloney at his hut; if they wanted him they came to my house. He never mentioned to me that anyone had been to visit him within a week before his death. If snj'one had been there that morning* and had had a cup of tea with him he would have possibly told me after dinner when I was washing up the things. I sent him in a hurry for the message that morning. If he had been sitting leisurely in my house I think he would havo told me. He left my house about 8 o'clock on Thursday evening, that is, tho day previous to his death. We chatted a good deal on Thursday evening, and if anyone had been to his house that day he would have told me, I think.

Re-examined by Mr Standish : I have never been over to his house to see whether he closed his door when he went to town. I thought he was sure to come home on Friday night. On Saturday morning it was raining hard, and I M r as ill. On the Thursday before Easter Sunday he asked mo for a loan of half-a-crown to give at his church on Easter Sunday. I gave him the 2s Gd. He gave me Is of it back on tho following Tuesday, as lie could not spare more then. He said it was all he had. I refused to take it at iirst, but he insisted, and I took it. Ho had no mor« money then ; at least, he told me so. He had no money by him, because I often gave him things. Maloney was an old man. He was jauie, and his hand shook very much. If he went down he had great difficulty in rising. I know this as a few days before his death he slipped down at my back door, and he did not seem to be able to get up. He looked foolish and helpless, and I then helped him up. In walking he had always to use a stick.

By the Coroner: The stick was lying by the side of Maloney when he slipped, and when he was on his knees.

By Mr Samuel: I saw him with a purse some years ago, but not lately. He had a purse similar to the one produced by the police when he was working and earning some years ago. The purse had pockets in it like the one produced. It is more than two or three years ago that I saw him with a purse. The shilling he gave me was in his hand when he asked me to take it. By the Coroner: I did not notice the clothes Maloney wore on Friday, April 11. I did not notice what vest he wore that day. (Left sitting.)