THE GREAT BARRIER MURDER

Ashburton Guardian, Volume V, Issue 1464, 24 January 1887, Page 2

THE GREAT BARRIER MURDER

SENTENCE OF DEATH. Auckland, January 22. The trial of Oaffrey and Perm wu reouraed tc-day. Mr Williamson, before the oasa proceeded, again raised the qaestion as to prisoners having a right to make a statement after oounael had done so. He argaed that counsel and pri oners had not such a right; that if one was allowed the other flhonld not do so. Mr Napier contended if a distinction was made now it waa a hard oase upon him and his client Hiß Honor thought as it had been granted m one oasa it ought not In fairness to be denied to the other prisoner m the preaont ease, whatever might be done m future oases. Mr Napier then addressed the jury on behaK of the prisoner Perm. Much h«& been written by the newspapers as to the faots m tho case, till It had almost become a trial by newspapers instead of a trial by jury. In all cases of murder that came before the Courts, one of the first things tonally done waa to find a motive for ihe oommital of the crime. In this emu there was not a particle of evidence to Bhow any motive on tho part of the prisoner Perm He, therefore, submitted that one of the most striking and prominent facts was absent. He would endeavor to show that Perm did not only not oommit the murder, but that he could not do so. There had been something said about a challenge, or it» bdng a case of Oaffrey or the life of Perm. Without taking cp the challenge or admitting anything m the shape of a gauntlet, he would be m a measure compelled to show that Robert Taylor died at the bands of John Caffrey. He then reviewed tho evidence of Miss Taylor and the girl Grace Graham, to ahow .that Oaffrey committed the deed. The Taylor family WO re strangers to Perm. They had done him no injury, and he had no feelings of irritation or revenge against them. After the adjournment, m an able speech Me Gover, on behalf of the Grown, addressed the pout and jury. He exhaustively reviewed the evldenoe, and fchowei that if both prisoners were engaged m an unlawful act, and that detth ensued, that both were guilty of murder. His Honor, m summing up, impressed upon the jnry the importance of returning a verdict m accordance with the faots of the oaae, independently of any other consideration whatever, and not to alow their minds to be disturbed by anything oomlng into Court/ It was not necessary for him In that case to define the crime of murder, or the distinction between that and manslaughter, but he must say that a fouler or mare cruel murder than that never stained the annals of New Zealand. It would be for them to say by whom that murder had been oommitted. It was not necessary that the case for the Grown should give any proof of motive on the part of those who had committed the crime. Alluding to the evidence of Graoe Graham, he said eaoh of the prisoners had tried to cast the guilt upon the other, and be pointed ont that if the fatal shot were fired by either one or the other, and they wtre aiding or abetting eaoh other, both must be found guilty of murder. He then discussed the account given by Perm as to the inducement which made him join Caffrey, and what subsequently, according to his own statement, took plaoe. It fras shown that he had stated an untruth when he first met Jane Taylor, and if he would tell a lie then what wonld not be told when the prisoneraTwere m their present p sition ? In reference to Penn'a possession of a revolver, the Judge said Oaffrey had only two and one was afterwards found on the kitchen floor, so there could be no dcubt that Perm had one m his possession before he came to the houee. As to Ponn having committed any illegal act before he entered the house, the moment the gun was fired the aot became illegal from beginning to end. He noticed this faot, that the shot fired m No 2 bed* room was heard by Mrs Taylor after she had seen Perm with his arm round Taylor's neck, lie then examined Caffrey's statement remarking that the assertion made by him that he left the houee for the swamp before the fourth shot was fired was shown not to be correct by the evldenoe of the girl and Lincoln Taylor, who saw him going from the direotion of the house towards where ho met Mrs Taylor on the beach. The evidence showed that both were equally guilty, and If the jury believed that evidence they were bound to find a verdict to that effect. They must give the prisoners the benefit of any doubt they might have, but were under a solemn obligation to return a verdict m accordance with the evidence. The jury retired at 4,30, and returned Into Court r.^er an hour's absence with a verdict of " Guilty against both prisoners, but with a recommendation to meroy." Oa the prisoners being challenged why Bentenoa of death should not be pasaed upon them. Oaffrey said he never committed the murdet ; he was . incapable of such a cowardly act. Perm also declared his Innocence. He was led away by Oaffrey to join him m getting away Mrs Seymour, believing ehe was- willing to go with Oaffrey. He had no intention or design to barm Taylor's family. His Honor then assumed the blaok cap and delivered the following impressive address and pronounced the death sentenoe :— Prisoners at the Bar. — After a lengthened trial and a notable defence you have been found girlty, on evidenoe which carried conviction to the minds of all who heard It, of the fearful orime wherewith you aland charged. The jury has recointnor>dod you to raaroy, and that reoommondation shall be duly forwarded to the Governor j but I oan hold out no hopes to you now that it will be acted upon, (or liucc the day when, tht word,

was ipoken, " whoso sheds man's blood, by man shall his blood be shed/ no more cold or more deliberate murder has evor been planned or perpetrated. From tho earth where it waa spilt, the voice rf that old man's blood cries aloud unto heaven. You deemed your eso*pe aeoure for the keel of yoar veaßel left no traoe that humanity could follow, but you forgot that the way of God is on the seas, and his path m the great waters. At hie word the stormy wind arose whioh drove you westward to the shores of Australia, from whence you have been brought hither to face jour do?>m. Yet to you the law will be more merciful than you were to your victim. You sent him to bli last account without one moment's respite for repentenoo; to you time will be given to prepare to meet your God . "With man's tribunal you have now well nigh done, but hereafter we must all stand before the judgment Beat of Christ, and If you would there find pardon, I entreat you to spend m penitence and prayer the few days left to you on earth. It only now remains for me to pass npon you the last awfui sen tenoe of tha law— that you and each of you bo severely hung by the neck until you are dead, and may the Lord, m His infinite mercy, have oompasilon on you souls. Perm gave a cynioal sickly emilo, and bowed to the audienoe ; Oaffrey was equally unmoved, farther than showing a heotlo flush on his cheek. The orcwd then dispersed. No manifestation of any kind took place. Auckland, January 24. The delay In the Barrier verdiot is said to be due to the obstinacy of one juryman, who contended they not to l.aDg two men for one murder, and proposed to draw lots The prisoners are heavily Ironed m gaol and constantly attended by a warder, but ' are allowed to Ree their friends. The Rev J. S. HH (Anglican) is ministering to then?. Both men (are depressed since sentence w<« pronounced, especially Perm, who was formerly hopefal. It is expected that the execution will take plaoe on 14th February.