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THE KAIWARRA MURDER., Star, Issue 6634, 27 August 1889
THE KAIWARRA MURDER.
TIIE CHARGES OP PERJURY. I _____ CHEMIS IK THE BOX. TPeb Press Association.! J WELLINGTON, August 2G. Chemis deposed that Benjamin came to his house on June 1, with a search warrant, looking for a pocket-booh stolen from Hawkins. Witness was searched, and his clothes and hauds minutely inspected. Ho waa questioned as to whether he was wearing the same clothes on the previous day. He replied : ■* res, and for a week before." "Witness related the eesrch made by the police. The gun waa nob ont of the bedroom tbe day before. One of the drawers was locked, and the key was handed by witness to Campbell to enable him to search. He usually kept tbe drawer locked to prevent the children from getting at the dynamite caps kept there. Benjamin took a number of paters, such as bills, letters, j &c, from the drawer, but no newspapers. . '. There were none there. The powder-flask was alongside the shot-pouch, and anybody could have seen it. When Detective i Campbell found the stiletto, he remarked, " There is some dust on it." The stiletto , had not beon out of its sheath for six . months. Detective Campbell examined a box of dynamite caps and put it back iu the same place. Detective Benjamin was i standing by at the time. A powder flask was lying- by tho side of tho shot flask. ■ There was also in the drawer a tin of , blasting powder which he had ground up i himself. ' In another tin money was kept. . Took some out that day at dinner time, a : sovereign and a few shillings. Did not i think he left any in. The police looked at everything in the drawer. Witness cor- • roborated Dyvell'a evidence as to the i purchase of a wad-cutter ; cut wads which ! were in a comer of the drawer. Witness i mentioned other articles in tho drawer, s confirming* his wife's evidence in this [ respect. He believed the wads were lying . loose in the drawer. Had had no oppori tunity since his arrest of talking with his wife about these things. Did not know ■ whether she had yet given her evidence. ■ Had used his gun to shoot quail on Wedj nesday and Thursday morning that week ; : ! they were in a tin on Saturday, June 1, on a > shelf in. the kitchen. Detective Benjamin r took down the tra and looked in, but said • nothing. There wero some bullets in the E drawer which ho had obtained from a man - named Gibson of Kaiwarra. Got them because there we&*e some wild pigs on tho , land he had from Hawkins. Used some, , but they were too small for his gun. There s were no fragments of newspaper in tho r bundle defendant took out of the bedroom. • To Inspector Thompson : Had quail for l dinner on Sunday. The police left the . revolver on the shelf near the tin containi ing the quail, and the documents lying on i the table. Put both back. Kept a i revolver like everybody else, because ha f was living in a bad place. It had been loaded about eighteen -months or two I years. The police took away the gun on b Sunday morning, and lie told them he r wished they had taken it the previous I evening-, as there were people about and > he did not like to ba suspected. Detective b Benjamin then said : Were you anywhere . last Friday night ? Witness answered : 5 No. Every night when I come home I i have an hour or an hour and a half's work i before me. Witness described his actions - on the evening of the murder. Knocked ; off work about 4.30. Wore the same . clothes as he waa. arrested in. Arrived at :' his gate about ten minutes or a quarter to five. Saw his wife in the cowshed. Roped up a calf bo that Mis Chemis might milk the mother. Went to the hayloft and took down a handful of hay and a casktul of mangolds. Did not leave the premises that night, nor did he nse the gun, stiletto, or shot pouch. By Mr Bell *. Was in Kaiwarra on Saturday morning, June 1. Delivered milk as usual that morning. Did not think he collected any money, but could not be f sure. Could not swear one way or the a other. Mr Bell asked him to collect his 3 thoughts, but witness said it was so long , ago he could not now be snre. Was told » on his rounds by Jack Mack that Hawkins , had been killed, but did not understand r he had been murdered. Charles Collins > told witness Hawkins was hurt, and Dr - Cahill had come up in a hurry. Went 1 home and had breakfast, and returned to > work, being at Kaiwarra about eight " o'clock. Did not hear Hawkins had been 3 murdered till the afternoon. No, he was • wrong ; it was in the morning before •• dixuxer, , J&n-__tber.ecL now that, the J>ar-
maid at the Rainbow Hotel told him and Mr Coulter that there had been foul play. Could not eay whether he told hie wife at dinnertime. Couldnotrcmember. Beached j home on Saturday about half or threequarters of an hour before the police arrived. Did not remembor whether ha Bpoke to his wife. Waa outside the house chopping firewood when the police cauie. After looking over his clothes they went outside because there would be more light there. Asked as to who lit the lamp. Witness first said he thought he did himself, but afterwards could not be sure. Was certain no candles were lit when they ■ went outside; he lit them when tbey came in. (Mrs Chemis had explicitly stated that her husband was not taken out ; for the sake of the light, and aleo said Benjamin lit the lamp himself.) There were no fragments of paper in the handkerchief taken out. to Mr Thompson. Mr Bell asked him why, when called upon by tho Judge to say why sentence should not be passed upon, him, Chemis did nor. mention this.. Witness said he was in such a dreadful position that he only spoke what first came into his mouth. Could not say why he did not mention the paper in his statement to tho Governor. Mr Bell : I invite you to explain it now. Witness : I must have foryouum it. The evidence of Dyvell and others was read to him during hib interview with Mr Jellicoe in the prison. These were the witnesses Mr Bunny had Bubpoauaed at his request j to . give evidence in the Supreme Court. Did not tell Benjamin, when looking at the gun, tbat he had quail in tbe bouse; but wben looking at the tiu, he believed he said, " them is the quail I fired the gan at." Hia wife was in tho kitchen aL the time. Also mentioned it again on Sunday, and drew the attention of Benjamin and Campbell to the fact that he bad pointed out the quail to them. Pluuked the quail close to the fire, and threw the feathers iu it; but did not show the birds to tbe police when they were there on bunday. It was quite a usual thing to kill two quail with "one shot; had killed five or six, and his brother John once killed nine with one shot. Had killed two rabbits with one shot. Got twelve bullets ftom Gibson, and fired off three. As they did not fit hia gun, he used to put paper on top, a3 when loading wita shot. Waa sure he did not wrap paper round the bullets. Tho police left one bullet behind when they went away. With reference to tbo money in the tin, to the beat ot his belief he took out all there waa, and there was none in when the police were searching. (Mrs Chemis deposed that there were £7 lor JSS in it.) Had a sheath knife, but was j not accustomed to carry it. Had had the I stiletto Bince the waterworks were finished. Last took it out six months ago, and put Bome salad oil on ifc, as it was rusting. The stiletto was sharp at the point, and never bent. If it was bent now could not account for it. (The stiletto was produced and shown to prisoner, who expressed surprise at the point being bent, and tried to straighten ifc with his teeth, but was, of course, promptly stopped. He said it was not bo when he last saw it. Saw the police take the handkerchief into the parlour ; did not see any fragments of newspaper put into it. There was no newspaper taken oiit of the children's room, in fact, saw no paper taken out at all except what was taken out of hia own coat pockets ; at any rate not so far as he could see, and he saw pretty well everything that was done. Could say positively they could not have picked up four or five pieces in the children's room. Could not remember whether he went out with his gun on the Queen's Bjrthday. Did lend his gun and some ammunition one day to Greaves. John Dowd, hiiriEelf, and Greaves all used the gun. Mr Bell pressed tho witness as to whether he was noc out himself on May 24, but Chemis could not remember. He had not bought shot for a long time. Had a leg of mutton for dinner oa Sunday. (Mrs Chemis deposed it waa beef.) Did not have quail for tea; ate one for dinner, and supposed the family ate the rest. Did not see quail on the table at tea ; there was no one with them. (Mrs Chemis had said she gave John Dowd, her brother-in-law, one of the quail for tea.) In answer to further questions, ChemiE said he had seen Hawkins while the lawsuit between them was pending. Spoke tc him, but never threatened him. Hawkins summoned him for some surveying, and one morning witness met him, and Hawkins told him he would let him off for .£SO. Witness told him he was always wanting money: "You blooming devil, you are never satisfied," were the words he used. Oa another occasion, about four months ago, told Hawkins ho did not want his children to beat witness'; he might just as well give witness a slap himself, and not take revenge on the children. Hawkins said he was quite mistaken, it was not his children who had done it. At thia stage the Court adjourned til] to-morrow. Mr Jellicoe asked that Detective Ben. jamin, who had hitherto been released on his own recognisance, should be required to find bail, but Mr Graham said, to altei the matter now wonld look as though he were expressing an opinion on the case, and Mr Jellicoe did not press the point. Chemis appeared in Court shaven anc cropped, and wearing the convict dress, He gave his evidence in English, which he spoke fairly well.
THE KAIWARRA MURDER., Star, Issue 6634, 27 August 1889
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