SHOOTING TRAGEDY.

Dominion, Volume 3, Issue 759, 7 March 1910, Page 8

SHOOTING TRAGEDY.

EVIDENCE AT THE INQUEST.

CORONER'S STRONG LEAD,

A VERDICT OF MURDER,

"The inquest on the body of Christopher Denis/ Smith, who was shot in Pipitea .StTeet on Friday, evening, was held at the inorgiie on' Saturday morning before Mr. W. E. ■ Haselden, 5.M.,. coroner, and. a jury 'consisting of 'Messrs. George Stew-art-(foreman), H. Charles,: J. :Power, p_ Brennan, J. King, and E. Poucarb^. Inspector' Ellison was present on behalf ofvtbe police,.'and M.r."Wilfovd 'repre-: rented'.- the .bailiff, .-.Robert,.. Corkill, >y ■ whom Smith was shot.; , MrlVVilford M3kes a Supgestion. ;Mr.. Wilfofd said it had been 'the cus-. torn-in .regard to inquests in Wellington' to go fully into the whole of the evidence as if the caso wero "being siibi mittea in the. Magistrate's Court. He suggested, with the greatest respect, that coroners' inquests were,...of necessity,, held k> soon' after death that prisoner's counsel had. no opportunity, of'acquainting himself with all the circumstances and receiving instruction.fully enough for him ii cross-examine. witnesses ■ in .;'order<;:to»

bring'about.-a result which might be of value. He had seen instances where'the evidence , taken, at a coroner's inquest had.;-sq affected the .public's ■ mind that it tended'to '.make a handicap for. tho prisoner. -The reports of the inquest in the press were obviously .one-sided,, .be- . cause- , cross-examination could 'hot'take ■ place. .from the. prisoner's point, of .view. All had to begone through again in the Magistrate's Court,'and-he submitted that »o'matter how fair a.coroner or an'inspector., of .police might be, they . could not- have in-their.'.possession the point of -view.- of. counsel for.the defence. The coroner's -function .was to < bring .out the cause/of. death. .In this case the cause of. death'.was.a bullet wound. .:,- .The coroner: The next "question is the important one; by whom the wound was inflicted. .If there is .no.'disp~ute' about ■ ■. ■ ,;■■..• ~ : ■■■ ;,-..:r--' ■; . Mir.-Wilford:'There is none., The-de-fence apparent to : him at that' time was one that would not controvert that fact; He.suggested that.only.the principal evidence should'be taken, for purposes,of. the inqnest... ~','■. ...' " •'..■.■. .The coroner.said he had considered the Batter, and had conferred with, tho inspector on the point. He perhaps did not /agree ..with, all' that .Mr. Wilford had said;, perhaps he did not understand how. I'far T Mr.. Wilford .would push .liis , argument, but oe; mature consideration ha. agreed ..that nowadays.the of.a coroner's jury were very much abbreviated.,', ' .'y •' -■~':"•'-■' Mr.; Wilford: And could- be. more bo. . v •■. Onty ; One Verdict Possible. 0 The coroner, continuing, said he thought it was not .necessary .in/a case'such as the, : present. case .was likely to turn.out,, to -elaborate "the. evidence Vat all. . They, might 'as/well understand the ''position from "the ; begmJiing. : 'lf'■'the facts, as published in"ithe 'morning -papers; "were'acisurate rand:adjnitted; bnly ; one -verdict 'possible*' a'--yerdict- 4hat- ; So-'a'nd-So' did , '.murder and he ■ would have .to instruct . the jury accordingly. The effect of that would be very much minimised by the immediate proceedings that would be taken in theiMa'gistrate's'. Court./ ■. '..:.'... .- .'..',:■.. .; :.v 7 '■'■'■ -* Mr'. Wilford: Regarding\the point,that , .'he'-■■ -was. .murdered,;.niurdw• is a legal .Wrm, and-I should'say that it was the wrong' term. c With deference I should' say "the verdict should be that. Smith .'died , ' from a gun-shot .wound inflicted by Cortjll. '■-■ ■ .T. i,: .... ..'■. • . The coroner: I can't agree to that;:.'.': Mr. Wilfojd poinbed out that ■■.■£• man eight' shoot another man and caube his. death, and'yet not be guilty of/murder., The coroner: I know that. I had to so'nside'r' the : matter. , , very., carefully/in. .Soberts's case in/Christchurch. / As at present advised-1 shall tell the jury. that, thoir duty is plain—to bring in a formal verdict that So-and-So did murder So-and-So. I shall tell.them no proceedings can follow directly on that verdict. 'A ; man cannot be indicted on it; the only effect that,"will"follow is that 'the"depositions; will be sent to the AttorneyrGenerai...

Mr. Wilford submitted : that; as io\ defence would be .given, : arid ,no proper cross-examination could, take place, ..the. jury would have no opportunity of coming to any conclusion as to why th« shootiiig occurred. Under the code there were sis defences in a-charge of murder.

Counsel Only-Present by Favour. '. The coroner: -1 shall. have to remind you this, Itr. Wilford, that I.was taken . . very. unfairly but severely to task for allowing counsel to appear for the: man whose motor-car killed ■ Captain -Pavitt,End; you know that in a Coroner's Court,because it has not. all the functions, of . . the . Magistrate's , . Court, ,, counsel for any .lifte--. only", appear, by ' favour, and ' they .must not go'as far in the Coroner's Court. as: they ate allowed to go in-the Magistrate's Court. .There they have'a great deal of latitude, but l even.'-there' jbu & would not be' allowed tri tell the.presiding' magistrate the courses bpen" to hiin, ,1 think:.. , : •■ "■..'-,■■, .■ •■ '■.■ :^. : U-'--: .'..■'■-■ Mr.:Wilford:'l.think.so, sii.. .;:•../, The'coroner said that practically'.the inquest was only a formal.matter. For all important-purposes it. cdnid be dis-pensed-with. '"■• .■''."" ■;'■;■. .-■• -i ; Mr. Wilford: It could be. ' -. ■»■■■ . The coroner: The "inspector :and I decided this morning that it was quite unnecessary to elaborate the- matter... .Hβ wohld shorten it' considerably. ..- • At'a later stage Mr. Haselden said:'lf ire shorten the evidence it must not be said: "Why. did not the witness say.'this at the inquest?" . ' -'. . Mt. Wilford: N0. , . "■' ':'

:-.'.:a ._■'■■■■ The Evidence. ■'■.: .-■ ■ Thomas Warnock, draper (whose evidence was given ■ before Mr. • Wilford .'arrived),, .stated that the deceased was in the employ of .Warnock and Adkin's some time.'ago,, : and recently-for a week... He left.thevfirnv.on ,March 1...;. He'.was.a married nian,.and 'witnefcs'had heard that he. did not live with, his* wife. :'■ He. was 1 discharged last' Tuesday because the firm did not require him longer. Witness had never, seen ; him the worse for. drink. He was in very poor circumstances: He had been,in- business. in Blenheim till a month ago, arid had assigned his estate. Reginald Walter Clifford,.^grocer's,.,assistant, deposed that : he ■ was walking tlong ; Pipitea Street on Friday evening it about .6.5 o'clock.; When he came,near No. 60 he saw two , men come out on. to the pavement from.a passage between' the housas.- There ft as a : scuffle,: and deceased seemed to be hitting Corkill. Corkill fell on :the footpath,"and lay there I minute or.so, Smith standing alongside >f him.. Some words were said by both nen, but witness did not hear'what they rae. ; As Corkill- got up ..'he-.:put his hand in his right-hand trouser. pockot and drew a revolver, which he fired instantly.. Witness thought he fired hefoie he was' perfectly 'erect. When he bad fired the shot. Smith stood a, second or bo and said : something to Corkill. He then walked up the passage, and witness Tent into a house. In live minut-'s witness came on'- again, and saw the deDqased lying dead in , the passage. Corkill. was on the footpath outside , the gate. There were a good many people outside the gate. Somo of the people wanted to get in, and Corkill kept them back, saying: "I'm in charge here." He went.up the street in about ten ininutes, and witness and others went np the passage. Thero was blood on deceased's shirt?ront, and a bullet-hole through his vest. Afterwards he saw a man catch hold of Corkill, and keep him till the police tame. A Detailed Cross-Examination. Mr. Wilford: Did you tea the deceased kick' Corkill in the left side?—No; I did not see him kick at all. Did you hear the deceased say something to Corkill as he was standing over him?— J. heaTd.him speaking, but did not know what he said. :• - ■

.You^did-not hear. him.say, "Ton I'll kill y"ou?-No, I did not. I only kriow ho spoke. ',' Was Gdrkill on one knee.when the revolver vint off?—l don't think so.

Was Oorkili lying on his back when ■he was. on the ground, or in what position?—Hβ seomed to be on his right side.; ....■■■■•■;

Did he just turn over on the ground when he took the revolver , 'out,'or was he .getting, up?—He -was rising up v ■ 1 tMnk he was off his knese.

• You/are quite 5111-0 the accused said, when, he .was standing by the gate, after the 'shooting , : "I'm in charge heVe, you can't get throiigh"?—Yes. • Was he apparently unconcerned .'—He seamed agitated, :, •. .■■ ... ■At that time had he ,got..the swollen face on the' left I'side that" yon see now. as the'result of a blow?

■■-.-Mi;--Haselden: Where is the swollen face? .After a close inspection Mr. Hazol&n said: ."There is a swelling, but it does not appear' to be caused by a blow all the same. 7 . ' . Mr:' Wilford: Where-did the deceased striie.tlie: accused ?-4l "dinVtMotice. . .To a jurymau:.'Witness >.was ; about ten yards from the nien who'n tho shot was fired. . , '■:..-_■■ . ;... A Boy's Evidence. rEeo. Cleary, aged eleven^.a;lso described the occurrence. Ho sawfirst of all a young man pushing an old man out.of the passage. The young man knocked the old one down and gave him a thump on the back. The old. man got up ami fired at him with a revolver, which he afterwards' put in his hip pocket. He ■idcutifisdthc old • man as ; - Corkill. After the occurrence Gorkill walked up and 'down rubbing' his "cheek. -Aif tor the shot was fired Smith said: "Oh, .you brute , ."' Corkill said something about' going for ■ a dqotojv and. ,a man --stogped Mm. Corkill -Streeti .and an; .other..man seized rrhim - and - held ■ him. Qther men.came and they knocked Corkilf'down. :: —.;■■''', ■'

M?. n , r \yilford? : "When the 'nian: fired the .revolver;7f.vas .straight up?— : Yes,'■straight, up -with his'arm extended. On , . Inspector"...Ellison .proposing to • call another spectator' of the occurrence, Mr. 'Hazeldon' saidi>he<did not'think it necessary to pile up ■ witnesses. . ■ ;The jury; were:'.consulted;- end thought it desirable to"' hear the hew witness, since.one of the. prev.ip.fls witnesses was a child: ■.':-■' '■,■: ,■;■'■■ ■..-..'si-;.- "-'■■: ~Other. WitnoMM.,,

; Andrew• -P.erby. oFindlay, "iraplbyed .by Mr; Smith, /horse,,traiiier,,a]t Miramar, described the altercation, and- shooting .less particularly than' previous witnesses. . Edward Alexander, bicycle agent, stated'that wheii' ; fej. arrived Smith was lying, on the ground.'! .Witness .asked Corkill tovlet liinugdin and,see"if he could do anything-for Smith.*".Corkill put his hand on the gate and prevented witness from entering; tllb'';passage. Witness pushed' 'him , aside/'and* went in. Smith- ,was quite- dead.;,' Afterwards, witness seized-, and ..held .Corkill in Moles- ■ worth ;• Street.- until; the;-police. came. He saw the'revolver- taken froin Corkill's pocket./: ~';■...;. ' . Dr. Izaid gave evidence that' he arrived 'at' 60 • Pipitea Street in answer to a telephone-message at ,, about 6.15 p.m. ; Smith-was-dead when; he, arrived. His shirt "was bloodstained; and there was a wound such as could be caused.by a bullet, in'.,the region, of tho'heart. Witness did not ..mate-a. more detailed examination then, ■ because of the crowd, -but.had the body removed to.the morgue ' . Direction of the Wound. Dr. Kington Pyffe • gave evidence- that he' lia"d ; niade an 'examination' of ; the body, at' tlie. 'morgue..' There., -was. a/ slight scratch-on'the left nostril;' Below -the chest,.was a round 'hole, three-eighths of an inch in - circumference. There.. were no signs of poft'der Ttfuid'the wound. There was a. hole in the Waistcoat and Bhirt corresponding to the. wound in the chest. It was difficult to say whether the' waistcoat- was blackened with powder or not. The hole passed between the fifth and sixth ! rib?; and there was a wound of entry into tne.left ventricle of. the heart and. a : wound of exit be-' hind the-.ventricle. 'Prom there the wound had penetrated,the.lpwer. lobe of the, left, .lung, l ' and' a- bullet'Srii*. , , discovered embedded'.in 'the- muscles "between the'sixth and seventh ..ribs. Tho direc-. tibn'-taf the wound, was almost -.-horjzontali" pbrhaps with'a slight, downward declension. The cause of death. \vas the bullet wound in the heart. Smith's height was sft. 7in., , and '• the. bullet wound was exactly at the four feet mark. '"■' "'" '■'■ ■''.'

What CorkJll, Said in Custody. Inspector Ellison, in the course of his evidence,, said that when Corkill was being taken -to the- police station in a cab he talked a.great deal, and, witness said that, he was ..taking notice of his statemerits,- and did .not want Mm to talk. CorkiU said: ~"He struck;-me twico in the gate, and I ran- out. He knocked me down and I dreiv.,it.:to save myself, and shot him, but-didn't intend to kill him. I ani the: bailiff—P come from Harcourfs... When. I'came to the house that is the.-way he treated'me. He was in'bed .with, his boots 0n... I told him to take his things, as the furniture was to be taken., to-morvow. He threatened my i life in; the house, and poshed or shoved, me. out. I-did it. to protect' myself." Witness,jepeat.ed.t.h.is, .cantimiaUy, 'and made a great.many similar remarks. At .the police station" Corkill asked "How is 'he?'V Witness replied: -''I am told he is dead." Gorki!! said: "Oh, God, I did not intend to Trill him. What I did was in my. own protection.- He struck me oil the jaw. I feed at random. I was on' the ground when I-fired."- . Witness told him twice-to, stop talking, and that he was. 'charged' with the .wilful murdor of Smith."He'Eaid:' "OhV hot wilful— I did not intend' to,;kill";him'." He made a great many remarks of-a.-similar tenor. Corkill had a. slight abrasion; on the right temple, and a swelling, 'about the size of a half-walnut. shell on- the left side of Ids jaw. .Hβ , pointed Y .to this, . and said: "That , s where he struck' ine."

Fifing to frighten. Mri Wilford , asked'' .whether Corkill said: '-'i ;nred-af random "to frighten him." ■• ". '■ : ■Mvi, Ellison :'•... I/-don't think he said fnghton."' Certainly Ivdid not hear was'not said 1 , in sitch' a tone that 1 could have heard it;' I 'don't think he-could have said it .without my hearing, it- '--. .•■-.. , ' ..'... -; ■ ' : „**'■ Wilford:"-Dla"-you",Hear him say: , \vhen I, fired he ran away ?"—No. • Didhe ■ show, you where he had been 5r ed i n ™ e siae-while" dn , the ground? -No. I-heard that he had mentioned being kicked-to someone else: • ■ ■ ine coroner ( tp .admit this last statement as- evidence! ■'•'■ .Did CorkilUsay. that Smith: threatened his life' on the street?—No, it was in the house. He said he'spoke very civilly to him,-and that - was'.how 1 Sinith treated elm. ■ ■ . . ■ ■-■■;''.-.;

-Did ha. say: "I: fired..only to frighten : not to hit,'him at-alL'-No. .Unstable Callery, who removed the .body to the morgue,"also gave evidence, and. produced , , the .revolver,: which he said-had' cbntaihed four , loaded cartridges and one, cartridge shell.. • ■ , The coroner, hah'dliug' i the revolver- I suppose-you might--fire ; a t a-man twenty times with that and" try. to kill him, and you would not succeedMr., Wilford: It is. an argument in tavour ot its being, an , accident. The coroner:-1 don't say what if« an argument about. I know you are safest ■I ■ ? i. woman throws a stone at you if she tnes to hit you. Mr. Wilford: I have had no experience.

Tho CoronerV Straight Chargo, in addressing the jury, K ; (1 , 0 A?!» 3' ou can, if you choose, find that this .man committed suicide, or was shot by accident, or any other verdict directly contrary to tho evidence. 1, am .not telling- you what verdict von must hnd. It is undoubtedly within your discretion, and it is your responsibility. But there has been nothing laid before you winch, would enable you to lessen the offence which at present the person who shot this man appears to be guilty of in law.. In. plain: English,- so that there may be no mistake, in my opinion, on the evidence there is no alternative but to find that the deceased was murdered by the accused. I may. tell you, so that you may not have it very severely on your consciences, or feel your responsibility too much, that beyond sending the depositionstd th,e Attorney-General no direct consequences roll follow from your so finding. A full investigation will take , place .first of., all before the magistrate in the Police Court, and afterwards no doubt in the Supreme Court, but no person can be now tried upon : the finding of a coroner's jtujr.". .

The jury retired for a few minutes, and returned with a verdict that the deceased met his death by a bullet "wound inflicted by Robert Corkill.

Coroner's Protest Against Verdict. The coroner: What do you mean by this? X gave you a direction and you won't follow it. You defy me. You say "met his death by a bullet wound inflicted by Robert Corkill." He might hav-e done that perfectly innocently. You had better reflect about it. The jury could-find a verdict that Smith was murdered. He did not think there was any getting away from it.

The foreman: The jury are not agreed that there is any evidence of murder in the proper sense of the word.

The coroner: But I tell you that in the I proper sense of the word the evidence is all at this stage for murder. A jnry will afterwawls bo appealed to to reduce it to something else, or perhaps to say the evidence is. not sufficient, but at this stage, in my opinion, ■ there is nothing else for it. If a man shoots another with a. revolver it is murder, unless.he can satisfy a jury that it is an accident. The foreman; Do you want the verdict in writing? Mr. Haselden Dictates a Verdict The coroner: No, if you will sign it. This is the way that I should write it: "That the deceased, Christopher Denis Smith, died on the 4th day* of March, 1010, from a bullet wound inflicted by one Robert Corkill, and that the said Eobert Corkill did .murder the said Christopher Denis Smith."

A juryman: Our reason for , bringing in the other verdict was an objection to tho word murder. We brought it in that he shot him in self-defence.

Another juryman: No, we.did not bring it in as self-defence..

Tho coroner: If shot in self-defence is your verdict I am prepared to recognise it. That is a verdict recognised by law, though'it may be in the teeth of the evidence. A juryman: .Should the jury bo unanimous? .■■.'. The coroner: I think so. Juryman: I am not in fa-»onr of "selfdefence." If the term must 1 be • used, of course, we can have it. The foreman: We must give it one term or another. " . -■ '~' " -■.' The coroner,: It.is no. use playing. You are here serious men, called;, on to perform a .solemn duty. The ultimate responsibility does not rest on- you, but if it-did you would have to. deal with it like men, and not try to halve. things. Tho .word murder was only a short way of expressing, "feloniously kill." A juryman: That would express our. feelings, I. think. . ...-,.' The coroner: There are . .other.- ugly words in the Criminal Code, but we.have to use them.' ■Mγ. Haselden read again the verdict, of I death bv murder, as ho had written it, and .thejury signified their acquiescence. .'."..'.' ■■ CHARGED AT THE COURT. . AiJD EEMANDBD. ■ ■'.-''■ Corfcill was; charged at tho Magistrate's Court on . Saturday morning, before Mr. W. G. Eiddell, S.M., with that he did murder. Christopher Denis Smith. Mr. T. M.' Wilford appeared for accused. • Inspector Ellison, on behalf of the police, asked for a remand until' Wednesday'next, as accused's presence. was. required at the inquest that morning. H© also stated that Hr.WilfoT'd would probably . require a further remand for another iveek. ■ " At ;the request of.Mr. Conolly and other friends, the deceased's body.- is.- to be .taken, to Blonheiin ■ to-day- for- bnrial. A .brother of. deceased.. man arrived from Blenherih' c-V Saturday, and will escort -the body. ...■■..■.