THE INQUEST.

Taranaki Herald, Volume XXXIX, Issue 8784, 21 May 1890, Page 2

THE INQUEST.

Tho inquest touching the death of Stephen Maloney, who was found murdered in the Recreation Grounds, on Saturday, April 12, was resumed in the Court at 10 o clock on Monday morning before C C. Kettle, Esq., Coroner, and the following jury :— J. C. George (foreman), F. A. Ford, W. J. Shaw, F. L. Webster, and D. Shuttleworth ; Mr E. N. L. Okey being absent through illness. Mr Standish appeared to conduct the enquiry, and Mr Samuel appeared to watch the proceedings on behalf of Mahi Kai. Inspector ParJy represented tho police, Major Brown interpreted. ( Continued from Town Edition yesterday.)

Major Brown gave evidence as follows : I went to the Police Station ou Sunday, April 13. Inspector Pardy, Sergt. Duflin, Constable Scully, and Main Kai were there. From instructions received I charged Mahi Kai with stealing certain articles thon on the table from thp murdered man, Stephen Maloney. They wero a waistcoat, pair of drawers, and pair of boots. Malii said tho waistcoat was given him by his parent. The name used might have meant father or uncle. The drawers, he stated, he purchased for 2s from a settler named Twogood, inland of Ouri, near Pihama. The boots, heßaid, he purchased at Opunake for 15s b'd. He stated the place where he bought the boots. I did not recognise the word Mahi Kai used, but Constable Scully said it meant Stitt's. I did not recognise the name where he bought the boots. Mahi gavo a native rendering which I did not recogniso as Slitt's or any European name. I accepted " Stitt's " as tho rendering. The nativo heard it, and did not object. I was in this difficulty — I had received instructions not to ask questions, and therefore I could not ask Mahi for any explanation about the boots.

By Mr Samuel : I told Mahi he was going to bo locked up for stealing, as a separate charge, as that on which he had been arrested. My impression is that I told him the other charge in order to make him understand that the stealing charge wasa separate one. 1 said nothing more to him. I gavo him no warning. This was on Sunday afternoon, I think after dinner. I am sure the articles I mentioned wore on the table.

By Mr Standish : lam certain it was a Sunday I ref<r to.

A discussion here arose about letting witness refer to his notes taken at the time, to refresh his memory as to dates when he visited the police station. By the Coroner : That was all that took place on that time. I charged him with the murder, but I can't say if it was at the same time. [Witness, by order of the Coroner, here looked at his notes taken at the time]. 1 see by my notes that I charged him with stealing, on Wednesday, April 16, at 3.45 p.m. It was the previous Sunday I charged him with the murder. The remarks made by the Maori were quite voluntary. I made no remarks to call forth a reply from him. I remember when I charged him with the murder ho said he had not committed it.

The Coroner here explained to the jury, on the foreman 'a question, that it was not a constable's duties to caution a prisoner but he should not ask him questions, but if a prisoner volunteered a statement then the constable should pay close attention to it. Tho foreman said tho jury were under tho impression that the prisoner should be cautioned.

The Coroner here road the authority on the question.

Francis Richards said: I live on the Avenue Road. I sometimes went down to Gus Sole's place on that road. I hoard about Maloney being found dead on Sunday morning. I have seen Mahi Kai several times. I saw him once at Gus Sole's, and I saw him at their butcher's shop. I saw Mahi Kai the same Sun lay (April 13) as I heard Maloney was found dead. I first saw him near the Salvation Army, and then I saw him just across the road from Newland's boarding-house. 1 was going with milk when I saw him. I had not had my breakfast then, as I had that when I went home. I should think it was betwean 8 and 9 when I saw him at the Salvation Army, and it was a little while after I saw him near Newland's. I never saw him on Saturday previous. OnFriday T was going up home from Mr Sole's between 12 and 1 o'clock — nearer 12, I think. I heard the half past 12 and 1 o'clock steam horns go after this, but I am not sure. I think I saw on the way somebody I took to bo the Maori I had seen at Sole's shop and slaughteryard, and the one in Court. It was 10 or 15 minutes before I first heard the horn go. I saw him get over the racecourse fence, cross the road, and go into Mr Corkill's paddock. I was a good Avay up the road from him — about 300 or 400 yards. I was past Sole's house about 100 y:;rds when I saw him. He got over a white gate at Mr Corkill's, and I never saw him again. He was walking a bit fast. [The foreman of the juiy thought that it would be better for witness to point out the places. — The Coroner thought it was a good suggestion, and should be acted on.] I noticed the person had a dark coat on, and straw hat. I could not say if he was a Maori or European.

By the Coroner : I said to myself when I saw the man that 8 the Maori I have seen at the slaughterhouse and down town. That occurred to me at the time. I had seen Mahi Kai up that way before, but I had never seen him cross the road before.

By Vr Standish ; I have seen him walk several times, and I thought it was he by his walk. I thought it was Mahi Kai from the way he was dressed, his walk, and also from iiaving seen Mahi Kai up there before, and in town. I had seen him nearly every day for a week. I spoke to him once or twice. After I saw him disappear over the white gate I went back and told Mrs Sole that I thought Charlie (the name they had given Mahi) had gone over the road.

By the CorOnor : The white gate leads to no house, but into a paddock. The land in a bit falls steeply towards the Henui.

By the Coroner : I went back and told Mrs Sole, as she had him up there all one day, and said she did not like him about the place.

By Mr Samuel : A man, after getting over the gate, could go down, cross the river, and get into tho Hospital Road. He would have to go a good way, but could do it pretty easily. I often look round | when walking to see what is behind me. I was looking round when I saw this person getting over the fence, and then I looked right round, and began to walk backwards. I saw him cross the road, and get over the gate. I was then about 100 or 200 yards from home. I only went four or five yards after he disappeared, and thon I turned back and told Mrs Sole. I feel quite sure it was the Maori I saw go over the road. I told Mrs Solo I thought it was him because I was not quite sure. Tho reason I am sure now is because I saw him again on the following Sunday morning. I think I Baw the Maori last beforo then down town on tho Thursday morning before the Friday. I think I saw him at the beginning of the week one day. I saw him one day at Mr Gtiß Sole's house, and then he went over to the slaughterhouse. Mrs Sole was the first person I told I thought I saw the Maori on the Friday. Sergt. Duffin was tho next I think. I told lam that I thought it wus the Maori I had seen going over the . road. I thought so then, but I was not sure, Mr Pnrdy was the next I told about It. I told biro I thought I saw Muhi &&$ am thf n$ N I vw art

sure. I don't think I told anybody else up to the present time about it. I told Sergt. Duffin on the following Monday, and Inspector Pardy on the Tuesday. Nothing has happened since I saw Inspector Pardy to make me sure that it was Main who crossed the road.

By Mr Standish : You can get across the Ilcnni below Mr Corkill's paddock by walking through the river. By the Coroner : The man crossed tho road straight without looking round. When I first saw him I thought it was Mahi, and I have continued to think ho since. When I saw Mahi on the Sunday morning I felt more certain. I never knew any more Maoris about town.

The inquest was then adjourned to 7.30 o'clock.

On resuming, Major Brown stated he wished to correct his evidence in some particulars.

The Coroner said it could be clone tomorrow morning. Robert Chatterton stated : I am an assistant in the Co-operative Store, New Plymouth. I know Stephen Maloney. I remember him making purchase of a pair of boots from mo at the stores some little time ago. That was about the first week in March last. I am not positive as to date. They were elastic sides boots. Maloney tried them on. I did not take particular notice of his feet. The boots seemed to suit him as regards fit. He complained the heels were too high, and asked me to get them made lower. He paid me 12s 6d for the boots. The Cooperative Society got these boots from the Egmont Boot Factory. I took the boots myself across to the Factory and gave them to Mr Goodacre to be altered. I explained to Mr Goodacre tho alterations. The boots came back again. I am not positive who brought them back. My impression is that I fetched them back myself. The same boots came back. The heels had been lowered when they came back. I could not swear to the same boots if I siw them again. They were a pair of elastic side boots, with toe tips and flat iron plates on the heels. They had no special mark or brand on them. They had the brand the factory alwaj's marks their boots. The boots that came back had been altered as I had wished. I gave the boots to our errand boy (Johnnie Downes) to take to Maloney. The boots (produced, and examined by witness) are a similar class to what I sold. The heels of the boots I sold Malonoy were higher before they were altered. After they were altered they were similar in height to these. I don't recollect getting elastic side boots altered in the heel for any other person than Maloney. After I sold the boots to Maloney he never came back to make any complaint. [The jury here examined the boots]. If I had boots with tho Egmont brand on to alter I would take them to the Factory. By Mr Samuel : When I first showed the boots to Maloney they had very high heels. I have sold dozens of pairs. Some of the heels of those pairs were lower than the heels of the boots I sold Maloney before they were altered. The heels vary occasionally a little in height. I would call the hoels of tho boots (in Court) rather low. Very likely I have sold boots similar to these, with as low heels, during the five months I have been in the boot department. I could not tell from the appearance of the heels if they had been altered. I have not the experience to tell. The tips are the same sort, as far as I can see, as were on similar boots I have sold in the five months. The same applies to the heel plates. I have examined these boots before to-day ; and since I sold them to Maloney, at our store. Sergt. Duffin brought them. lam in sole charge of the boot department in the store. I have had no practical experience of boots, except the five months 1 refer to. I have often served Maloney with other things. I do not recollect over seeing a purse in his possession. I bare never noticed anything ! iv which he carried money.

By the foreman : There i 3 nothing about the boots which can make me identify them as those I sold to Maloney. They are similar boots. It is customary to overhaul boots when received from the factory to see they are perfect, and well finished. I notice oue of the heel plates projects beyond the leather.

By the Coroner : I did not notice this heel plate before. I did not examine the boots particularly when they came back, after being altered. Maloney generally paid cash for things, but he sometimes had short credit for groceries.

Hal Goodacre, partner in the Egmont Boot Factory deposed : I remember boots brought back by Mr Chatterton for alteration. I could not give the exact date, but it was about the middle of March last. They were a pair of men's elastic side boots. Tho heels wanted lowering. I don't remember men's elastic sides coming back for lowering the heels before, We have had women's. I sent the boots down to Mr Kelly, foreman of the bench room, for lowering. I could not swear who made them, but I gave Mr Kelly orders to make seven pairs of similar boots for tho Co-operative about a mouth before the alteration. I gave the work out. They were different sizes. I could produce the size and order by the onler book. The boots were completed and sent to the Co-operative Society. We have no special brand, but there are several indications by which we can recognise our make. The boots brought back by Mr Chatterton were altered as arranged with him. The boots went back, but I can't say by whom I sent them back. The boots (produced) are the same ones. I recognise them by the alteration in the heels. The boots were brought back to have the heels made lower, and to have a larger plate put on. The plates project a little over the heels, as they are larger than the leather, and larger than the plates taken off. I know, because the object was to have the heels lowered and larger plates put on. I recollect the plates taken off wore smaller, and a different shaped plate. We use an iron last. The boots (in Court) were made on an iron last. One particular mark is the top bits, we dry and dress the leather ourselves. The looping is like tho looping we were using at tho time. Another mark is the stamp mark. The stamp on these is 7.

By the Coroner: I swear the boots were made in Our factory; and I swear they are tho particular boots brought by Mr Chatterton for alteration.

By Mr Samuel: Our factory has been in operation upwards of three years. We make a pretty fair number of boots now, for the last six months upwards of 300 pairs a week of all kinds. I think we supply boots to storeokeepors in most parts of this province, down the Coast, including Opunake. This kind of boot is always stained black waisted when made by us, that is, from the lore part to the heel underneath. These boots (in Court) have been stained black at a boot factory. They have never been leather colored or the waist iodine color. The waist of tho boot was black when issued from the factory. A charge was made by us lor alteration, I presume. I can't swear how much we charged for these, but wo usually charge 6il for a little alteration of that kind. I don't pretend to remember every little job clone in tho factory two or throe months ago. If a charge was made it was booked. I would book it, but I might call out to my partner to book it if he was in the office when I was sending anything out. I can't remember if I booked it or not. I saw the boots after they wore altered. I can't say who gavo them to me. Things are always sent up to me from the benching room after they are done, Wo send out between 40 ana 5Q pairs per diiy of. all aorta on an

the sending out of all boots. I swear that I have a personal recollection of sending out this particular pair of boots after they wore altered. I call tho alteration a little job. If I entered the job I probably entered it "one pair heeling or heel plating." By the Coroner : The heels on the boots (in Court) aro lower than we usually make them on No. 7's on this class. We usually put higher heels on this class of boot. 1 am not quite suro that elastic side boots of that class have not gone out with heels like the ones in Court, but they are usually higher. The coloring on the waist is always of the same thickness. The leather color would never show through under any circumstances. It is black ink we put on. Part of my instructions from Chatterton was to put on larger heel plales. lam quite certain of this. At the back of tho heel there is usually a curve, but not always. I can toll from these boots that an extra layer of leather has been put on, and finished off after. I am prepared to swear positively that tho boots had once higher heels than they havo now. The color of the forepart of the sole was i buff color when new.

By the foreman : I can't tell when my attention was called that the plates projected over the heels. I think I do. It was when the boots were brought to mo for identification by Sergt. Duffin. I don't think my attention was called to it, but I noticed it. I held a conversation with Sergt. Duffin, and explained to him how I knew the boots by that. I am quite sure no one spoke to me about the projection to-night, except when in the box.

Robert Kelly stated : I am a bootmaker at the Egmont Boot Factory. I have been at the trade off aud on for 13 years. I recognise the boots (produced) as being made by me. They were made on a narrow fitting galvinised last. I have I think made two pairs on that last. I have been working at the factory two years on March 25 last. I know they were made on the particular last. Iv making these p irticular two pairs of boots, of which this pair is one, I could not get the ordinary seven peg last, owing to another man working on it. So I made it on the sevens galvanised last, with a fitting so as to make them wider on the joints and instep. In building the heel of boot (exhibit N) I screwed the heel, which makes the plate run crooked. I recollect that distinctly. The other pair I made on that last was the same kind as these, and same size. I kept the boots by me for two days, for I knew if Mr Goodacre saw them he would make me take the heels off again. I had seven pairs altogether. There was only this particular boot twisted. The boots were taken by me to the finisher. A pair came back about nine or ton days after to have two lifts taken off the heel. They were given to me. I recognised the boots. The boots (in Court) are tho ones. I gavo them to ono of the boys — Harry Way — to alter. I did not see the boots again after they were dono until Sergeant Duflin brought them to the factory. Mr Goodacre gave them to mo to get lowered. I am perfectly sure these are the boots 1 made, and the ones brought back to me.

By Mr Samuel : I am not positive tha I did nr»t make more than two pair of elastic side boots No. 7 on the last to which I referred. The last may have been there possibly 12 months. I don't think ihere has been an elastic side boot made on the last except those I made. I think this as the last is one we never use owing to its being too narrow in tho fitting. Tho last itself is flat on tho toes. You can't call it too flat on the toe or yet too high. That is not a peculiarity. You could not very well distinguish a boot made on it other than being narrow in the fitting. Tho narrowness is about the only peculiarity the last has. I have when making a boot on that last put on one or two fittings as the case required. I have not done so on every occasion. I put on one or two pieces of leather, I can't say which, when I made tho boots of which I am giving evidence. I made one pair of 7's, women's, on that last previously without fittings. Fittings are put on to make a boot wider. We never turn out boots of the same cla93 as this, and the same number that would vary in width Every number 7 of a man's satin liido elastic would be about the same width. . identify these particular boots by the bee . plate being twisted, and the insole is smooth. I don't recognise the heel plate as I did not put it on after it was altered. The twist to which I alaide is that the heel is not in a line with the toe plate. I am quite certain if Mr Goodacre saw this boot he would have made me pull the heel off as it is not a workmanlike job. That is why I kept them back. I don't think any expert man would fail to detect the twist it is too glaring. If Mr Goodacre had passed the boots he must have detecte I tho twist if he held them in the usual way. I consider Mr Goodacre an expert. If he had the boot with the crooked heel put in his hand he could not have helped noticing the heel. From what I know of him he would have had the heel taken off again if he had seen it. I am positive Mr Goodacre could not have seen that particular boot before it first went out of the factory. Ha would not have let the boot go out before it was finished, but whether he Avould after I cannot tell you. I know the boots as my own work for another thing, as they are stamped with the number near the toe plate, as the 7 on these boots. Ad the unnailed work with toe plates I mean as my work. I have never seen anyone in the shop stamp the boots as close to the toe plate as I do. By the Coroner : I am positive that I did not make five pairs of men's satin hide elastic-sides on that last, and I am positive I only made one crooked heel on that last. If two pairs of boots were put before me — one old and the other new — I don't know if I could say whether the new boots could be worn by the person who wore the old boots. I think the man who wore the old pair (produced) could wear the other new pair. I cannot recollect the foot of the boot on which the heel was twisted, whether it was right or left. It is not an unusual thing for me to twist a heel. It is not unusual to have a heel twisted and passed. I swear distinctly that the boot with the twisted heel is what I made on tho last referred to. It is very seldom indeed that I make a crooked heal.

By the foreman : It is not usual for crooked heels to be made and passed. I misunderstood His Worship's question just now. When I said it was unusual I inisunderatood the question. By the Coroner : The leather never shows through the waist burnishings unless the ink is bad. I can't recall an instance except this where I got a crooked heel on men's elastic boots passed.

Henry Ambrose Way said ; I work at the Egmont Boot Factory. I remember getting a pair of men's elastic side boots from Mr Kelly to alter. I can't say when, but it was about two months ago. I can't tell the size of them. I had to lower the heola. I did so. I might know the boots again if I saw them. After I altered them I can't say what 1 c'id with them. They were boots similar to ones produced, but I cannot say if they are the ones.

By the Coroner : I have been 2£ years in the boot trade.

By Mr Samuel : I lowered the heels ; that is the only alteration I made. I look off tho heel plates, and then two lifts, I believe. I then put ou the plates. I can't bo certain if the plates were the same size or not as the ones I took off. I can't tell whether I put on the plates I took off. I can't say if I had instructions to put on new plates. I did not put on a new lift after taking off the plates and lifts. I can't remember doing so. I can't say by looking at the boots if ever a lift had beeq taken q$ since they wore first made, nor whether $h? jug) piattg had bm r«*noy«s^

X

I have known very few cases of twisted heels like the one I notice here. Some times I make about 30 pairs of boots a week.

By the Coroner : Mr Kelly is a good hand at what we call benching. When I alteied the pair of boots I noticed one had a crooked heel. The proceedings were then adjourned to 2.30 o'clock on Wednesday.