REPORT OF THE COMMISSIONERS APPOINTED TO INQUIRE INTO THE ALIBI SET UP BY THE CONVICT W. TRICKER.

Appendix to the Journals of the House of Representatives, 1869 Session I, D-14

D—No. 14.

REPORT OF THE COMMISSIONERS APPOINTED TO INQUIRE INTO THE ALIBI SET UP BY THE CONVICT W. TRICKER.

(Return to an Order of tie Souse of Representatives, of Tuesday, the 15th day of June, 1869.) " That there be laid on the Table of this House the Eeport of the Commissioners appointed to inquire into the truth of the alibi set up by the convict Tricker." (Mr. Fox.)

WELLINGTON. 1869.

D.—No. 14.

No. 1. Letter from Mr. J. T. Edwaeds and Mr. W. J. Willis to the Hon. the Colonial Seceetaey. Sic,— Wellington, 31st March, 1869. We have the honor as Commissioners to report that we opened the Inquiry into the case of Walter Tricker on Saturday, the 13th February last, at Bangitikei. We carefully perused the papers forwarded from the Attorney-General's Office on the subject, and then proceeded with the examination of witnesses in the case. We had much difficulty in obtaining the names of witnesses at the outset of the inquiry, which will account for the lengthened period over which our labours have extended. It may be as well to state here, that at an early period of the case we found it would be impossible to have a chance of satisfying the public mind unless we examined every one who professed or who was alleged to have any knowledge tending to throw light upon Tricker's guilt or innocence. This course of action having been taken, much of the so-called evidence will be found irrelevant, and such as would not have been received in a court of law, and, although taken down, has not been considered of any value by the Commissioners. Having taken the evidence, we visited the scene of the murder, and rode over the country which it is alleged Tricker crossed on the morning of Friday, 28th August, 1863. We have been unable to discover any track across the swamp between Campion's and Frazer's, although it was stated one did exist. This statement, on examination, we found arose from the fact that for a short time subsequent to the earthquake of 1855 (that summer being a very dry one) there had been a place, about two miles nearer the road than the eel-cuts, where the swamp could be crossed by men on foot or by cattle. " The country between Bayner's and Wheeler's, which is composed of steep sand-hills, from thirty to eighty feet high ; of small swamps, the tracks through which are intricate ; and is crossed for a distance of about six miles by a swamp which is and was impassable except at one spot, namely, the eel-cuts, to cross at which place would lead to a detour of five miles from the direct line, renders it impossible for any one to have ridden from Wheeler's to Bayner's and back without occupying considerably more time than the period in which it is supposed Tricker rode the distance and committed the murder. To corroborate this opinion, we cite the evidence given before us by Mr. Donald Frazer, who rode the distance on a good horse, and who took one hour and twenty minutes riding from Wheeler's to Bayner's, and whose horse was so beaten doing it that he was unable to ride it back. Taking the statements of the several witnesses as to the times at which they saw Tricker on the morning of Friday, the 28th August, 1863, it will be found that various portions of his time are unaccounted for, but never a sufficient period at any one time to have enabled him to have ridden the necessary distance and committed the murder. We therefore consider Tricker's alibi of Friday morning a good one. We examined the Maori witnesses who gave evidence at the inquest on Bayner, and others who were supposed to have made statements on the subject of his murder, but either they did not or would not know anything of the matter, and we found it impossible to extract any information from them. Although the Commissioners are satisfied as to the goodness of the alibi of Friday morning, still they feel that it is impossible for them, in the face of the statements made by Tricker's fellow-prisoners, the expression made use of to Mr. Bead by him, namely, " that Bayner only bled at the mouth," together with the vindictive threats he uttered, to report that they believe the alibi to be conclusive proof of his innocence of the murder of Mr. Bayner. We were unable to obtain the evidence of J. Bromley, who occupied the same room as Tricker on the night of the 27th of August, 1863, in consequence of his absence from the Province. We were also unable to obtain the coat found in Bayner's house immediately after the murder, which was known not to have been Bayner's, and which possibly might have given some clue to the perpetrator of the crime ; this was once in the possession of the police in Wellington, but they are now unable to produce it. The Commissioners think it is their duty to point out to His Excellency's Government that prisoners in Wellington Gaol under sentence of death are able to converse with their fellow-prisoners, and that any minister of religion is admitted to their cell without the presence or knowledge of the Governor of the gaol. The wilful perjury of the half-caste Hamilton being clearly established, in the opinion of the Commissioners, it is unnecessary that they should do more than thus briefly refer to it. In conclusion, it is but just to the witnesses who came before us, to remark that many of the discrepancies in their evidence are fully accounted for by the errors of country clocks and the timewhich has now elapsed since the occurrence of the events to which they testify. We have, &c, (1.5.) J. T. Edwaeds, ") p, . . The Hon. the Colonial Secretary, Wellington. Wm. J. Willis, j Commissioners.

REPORT OF THE COMMISSIONERS ON TRICKER'S ALIBI.

D.—No. 14.

REPORT OP COMMISSIONERS ON TRICKER'S ALIBI.

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No. 2. Letter from Mr. B. G. Fountain to Mr. J. T. Edwaeds and Mr. W. J. Willis. (No. 546.) Colonial Secretary's Office (Judicial Branch), Gentlemen,— • Wellington, Ist May, 1869. I have the honor, by direction of Mr. Stafford, to acknowledge the receipt of your letter of the 31st March last, containing the result of your labours as Commissioners appointed to inquire into the case of the convict Walter Tricker, and to thank you for the same. I have, &c., B. G. Fountain, J. T. Edwards and W. J. Willis, Esquires. (for the Assistant Law Officer).

No. 3. Letter from Mr. B. G. Fountain to Mr. J. T. Edwaeds and Mr. W. J. Willis. (No. 583). Colonial Secretary's Office (Judicial Branch), Gentlemen,— Wellington, 13th May, 1869. Adverting to your report and to the evidence accompanying it in the matter of the convict Walter Tricker, I have the honor, by direction of Mr. Stafford, co inquire whether you took any steps to ascertain if Charles Crocker could prove to demonstration that his evidence was correct. He states that there is a road through the swamp ; that he can point it out; and that Tricker knew the road, and used it. It is thought advisable to afford Crocker the opportunity of pointing out the road to one of you, and that you should make a supplementary report on this further evidence. It may be that you did inspect the place with Crocker, and that you can therefore make a report without further inquiry. I have, &c, E. G. Fountain, J. T. Edwards and W. J. Willis, Esquires. (for the Assistant Law Officer).

No. _. Letter from Mr. J. T. Edwaeds and Mr. W. J. Willis to the Colonial Seceetaey. ; g IE) _ Porirua, 17th May, 1869. We have the honor to acknowledge the receipt of letter No. 583, and in reply to report that immediately after receiving the evidence of 0. Crocker we accompanied, him to the swamp. He was unable to find any track across it, although he tried in many places. There was one point where, by dint of much floundering and by the assistance of a long stick, it was possible to cross on f oo t —this was in February; but we were convinced it was impossible to cross it on horseback. For a few months after the earthquake of 1855, there was a track over the swamp, passable for cattle or men on foot; and it is probable that it was at that period Crocker saw Tricker cross it, for on reference to his evidence it will be seen he does not fix the date on which he saw Tricker cross. We have, &c, The Hon. the Colonial Secretary (Judicial Branch), J- T. Edwaeds, ") Commissioners Wellington. Wm. J. Willis, j