THE WEST COAST MURDER

Dominion, Volume 11, Issue 127, 15 February 1918, Page 6

THE WEST COAST MURDER

TRIAL ENDED JURY FINDS EGGERS GUILTY DEATH SENTENCE PASSED By Telegraph— Press Association. Christcliurch, February 14. The West Coast murder trial was continued to-day. . Elizabeth M'lVfahon gave evidence of her interviews with accused and the police subsequent to the tragedy. Cross-examined, she said a watch, chain, and pendant costing £46 was bought -with her money. She gave accused a roll of notes when they went out togother. Tho pistol produced, or one similar, was at her lodgings ill Christchurch all the time Eggers was on tho Coast. When accused left on October 23 he had a good bit of money, including a big roll of notes. The pistol was bought for her by accused, as she wanted to learn to shoot. SII3 was surprised when she learned that the pistol was in the brief bag with a lot of ammunition, as she never knew Eggers to take it out, and she knew ho had not taken it to the Coast. A statement said to have been made by Eggers that the police had enough evidence to hang him six times over was not made 111 her presence. A pair of nailed boots (produced) belonged to accused, and have been in her room. Eggers had not taken them to the Coast. The pistol (produced) or one similar was at her lodgings in Christchurch all the time Eggers was 011 the Coast. 011 the night of. tho search witness had looked for the pistol, but could not find it. Two pieces of black I cloth (produced) she recognised. One was a piece of a black silk handkerchief and the other was a piece of crepe de cliene material. It had been used by witness in the making of a black , apron. Accused did not take the pieces j . of'cloth with him to the Coast. When accused left 011 October 23 ho had a j good bit of money, including a roll of | notes. She remembered seeing a £1(1 note on the outside. The bundle had j ail elastic band round it. His Honour: Did you know what accused's hisiness was? Witness: Just what he told me. I never asked him particularly. Continuing, witness said that Eggers hadi said that he dealt in stock, and had mentioned dealing in land. She had reason to believe that Eggers received monthly cheques for commission, and could say for certain that she had seen letters containing money. Witness was ahvay3 at work, and did not know accused's business movements. Witness did not know accused was supposed to be an expert revolver shot. Lucy Thompson, lodginghouse-kecper at No. 2bG Gloucester Street, said accused first went to her house 011 September 11 last. Accused told her he was working for Anthony Hordern, Sydney. W. H. Tisdall, gunsmith, gave expert evidenco regarding the revolvers, and this concluded the. evidence for the prosecution. Mr. Hunter (accused's counscl) said that he did not intend to call any evidenco for the defence. Crown Prosecutor's Address. Mr. Raymond, Crown Prosecutor, then addressed tho jury. He said tho evidence showed that it was the second attempt that had been made on the State Mino motor-car within a fortnight, foi on Octobcr 26 a fallen tree had been found 011 the side of road. The highway-man had learned his lesson. He had found that he required a good look-out, and that an obstruction must be placed in position at the last possible moment. The facts all led to tho conclusion that the crime was carircd out by one man. Accused was 110 stranger to the West Coast (and his several visits were enumerated). During those visits, it was shown, accused was constantly 011 the roads leading to Runanga. The closest habitation to tho scene of the tragedy was Alcock's cottage. Alcock had seen a man in the house on November 3, and from the evidence of others, there was no danger to doubt that the man was any other than tho accused. What was the reason for a man said to be a land dealer and commercial traveller occupying an otherwise uninhabited house? The man who occupied the cottage and the accuscd were one and the same. He claimed that the identification was clear, "but," continued Mr. Raymond, "I come now to a piece of evidence that is overwhelming. I refer to the arrest of the accused a few days later with the missing money in his possession." Unless Eggers could show how this money .came into his possession he must be accounted responsible for the manner in which it had been acquired. 111 this case the stolen property was before them. Yet not from start to finish was a word of explanation given by tlie accused. Counsel said ,that it was somothing more than coincidence that the two classcs of bullets and cartridges found on the bodies of Hall and Coulthard, and also those gathercu from the scene of the tragedy, and those discovered in accused's possession were one and the same, namely, Peters's and Winchester ammunition to fit a 32-calibre automatic pistol. Mr. Raymond, in conclusion, said that no obstruction had been placcd in accused's way in respcct of his obtaining counsel. The attack on the police • was, a side-issue.

Address by Accused's Counsel. Mr. Hunter, in his address for the defence, relerred to the disadvantages accused had been under suicu liis arrest. He pointed out that' it was only a week or a few days beiore his trial in tho Supreme Court that he was provided witn counsel. He (counsel) did not cavil lor one moment :ii lnc sion ot Mr. Justico Deimiston that 110110 oi the money found 111 accused's possession should be used lor his defence. Yet, from the evidence given, it was apparent that some of that, money was accused's or Mrs. M'lMahonJs. Counsel then referred to the partial accounts of the crime given in tho newspapers, which made it diHicult for tlie jury to place themselves in a proper position to try the accused free from prejudice On tho West Coast one newspaper had forgotten the standard of decency, which animated the Press as a rule throughout the country, and did not scruple to refer to accused as the murderer, his hands dripping w'tli his victims' blood. Counsel asked whether the Crown had proved to the jurv'r, complete satisfaction that Eggers was the man who committed tho crime. If they had any doubt, then accuscd was entitled to the benefit of that doubt. He submitted that accuscd was not the man who committed the crime. The case narrowed down to a question of identification. The Crown asked the jury to presume that the man seen- in the empty cottngc was the man who com-nii'-W the crime. No one earn" before *he Court, and said: "I saw that man summit the criinc." or "1 saw that -Man discharge a pistol into the body j ..f Couithard." To introduce presumption was monstrous in a murder ei'so. ''liunsel contended that- the fact that "\ere was another empty cottage near I <"to scene of the crime further back 'Vom the load and a little further away liiade it doubtful whether the mail who ficctipicd tho cottagb nearest the scene of tho tragedy was tho man who committed the crime. It- would be more reasonable for any man planning such a crime to hide himself in the cottage 1 further back where ho would not be

so liable to bo observed. The evidence of identification was umeliable, and they could not safely accept it. lleforring to tlm weapons alleged to have been used by the murderer, counscl said that the pistols produced in Court tvere not identified, and if accused had committed the crime these pistols would not have been found on his person The jury might ask: How did the accused get the money? It was not for accused on his present indictment to explain where he got the money. AVliat would the murderer do with the money? Me would plant it somewhere close at hand in the bust!. Counsel contended that no adequate steps wero taken to find the murderer, as the police ought, to have had a cordon of men thrown out. If this had been done the murderer would possibly have been raptured the .same day as the crime was committed. Counscl suggested that it was possible that the money had been found, and that the finder had yielded to a sudden temptation and decided "to keep it. The Judge Sums Up. Sir. Justice Chapman, summing up, snid that in the absence of direct evidence identifying Eggers as the person who committed the crime, it was incumbent on the Crown, by means of cogent evidence, to show that accused was a. person who participated in the crime or alone committed it. The crime appeared to have been carefully planned. His Honour emphasised the fact that there was no evidence respecting any legitimate occupation or business of Eggers in the district, or, for that matter, on t.no Coast. Accused's correction in the Lower Court at Greymouth of Sir. James's evidence as to the impossibility of James being able to see the car from a certain point on the railway indicated a minute familiarity with the locality. His Honour referred to the identity of the cartridges. Two kinds that could be used in an automatic pistol (Peters' and Winchester) had been used to kill the unfortunate man, and some of thoso two kinds of cartridges were found in accused's briefbag. But all this evidence was of secondary importance compared with the evidence respecting the fincTTng of a large sum of the missing money in accused possession. Counsel had wade the point that accused was not answering the charge of theft. If that sort of tiling satisfied them, well and good, but how could they separate tlie stealing from the murder. The law expected a man who was fouud in possession of property of enormous value six days after it was stolen, if he was an honest man, to give an explanation and some assistance. To that, however, 110 explanation had been given. That was tho whole question, so far as the jury was concerned, and they wore quite entitled to say that the man who stole tho money was the man who murdered Coulthard. The jury retired at G. 38 p.m. Verdict of Guilty—sentenced to Death. The jury returned at 8.51 p.m. with a verdict of guilty. When asked if he had anything to say accused seemed to make ail attempt to articulate, but did not say anything. His Honour (assuming the black cap): Prisoner, the jury have discharged their duty in the only manner in which they could have discharged it in accordance with the evidence. I have to discharge my duty in the only manner in which the law allows The sentence is that you be taken to the place of execution and there be hanged until j'ou are dead. * Eggers, who showed no signs of emotion, was then removed from the dock. His Honour: I wish to say before this Court is dissolved that I think that the thanks of the country are due to the detectives and the police officers assisting them, foi the manner an which they have brought this offender to justice: to Detective AVard for tlie way in which the Wc?st Coast evidence was brought together; and to Detect, ; ve-Sergeant Connolly and Detective Abbott for the manner in which they conducted the investigations and the arrest here. No doubt other officers and some of the general public we entitled to a measure of credit i'or their assistance.

His Honour ordered tne money found on the person of accused and awl in his ban to be declared the property of tlie Crown. "The only thins: I have any doubt about," ho said, "is these three ten-pound notes, which may be a matter for consideration later. I wake the order with this reservation—if any application is made to me with regard to these notes, I reserve that matter for consideration. As for the rest, the whole of the money is declared to be the property of the Crown."