PUKEKAWA TRAGEDY

Dominion, Volume 14, Issue 18, 16 October 1920, Page 7

PUKEKAWA TRAGEDY

MURDER CHARGE AGAINST THORN

EVIDENCE OF DECEASED'S SON

By Telegraph—Pre.si Association.

Auckland, October 15.

The Pukekawa murder trial ryas resumed to-day, when Mr. Singer stated that while Mr. Hunt had quite proporly stated in opening what evidence he proposed to call, and had given theories deducible from evidence, he thought in fairness to the accused, it should be ■ made plain that the credibility .of the evidence had yet? to bo tested, and consequently, the deductions, stated by counsel had'to'be accepted with reservations until thev were proved 60und, or unsound, lie desired to call attention to this point in order that thore should be no pi-c-judenient of the case until tho evidence had been tested, in later proceedings and the defence disclosed. The evidenco of Mrs. Eyre was continued. Under cross-examination by Mr. Singer she stated that her husband's return from the war last year was not a complete' surprise, but that he did not announco the date of his return to herself or any member of tho family. When tho boys,'on the night of tho tragedy, were sent for assistance they went out of the front door: because she though'/ it would bo' safer, as she, heard someone run up the back. '■'-,",! Dr, Wake, of Pukekohe, stated thai when he visited the 'house with Sergeant Cowan in the early hours of August 25. . deceased was found lyin? on his bed a'? oTescrihed I>y Mrs. Eyre. The. bedclothes were undisturbed and the body was in a position of repose, while the top of his head was blown off, indicating that tli° man had been murdered in his sleep. The mark on the place where the left . eye had been, had been caused, he considered, by. tho •firintr of .-a gun close to • the head. The direction in which the .brain and bone fragment were scattered; and the appearance of the wound generally led hiinto conclude that the slipt hod been fired from outside the window, the gun barrel inclined slightly downwards, and at-'such an angle that any person w the other bed would not be hit. ■ ■' Dr. Campbell Smith, who made a postmortem examination, gave corroborative evidence, and testified to finding about 40 pellets of shot in the base of deceased's skull. From tests he made with a gun on tho spot he considered it would, be easier for a left-handed man than for a right-handed man to fire the fatal shot at the angle at which it must have beenfired. He considered it impossible that n shot could have been fired from inside the room. ■ ■ ■<- Philip Sydney Eyre said he was lfi years of age. He had often been out shooting with Thorn, who was a good shot, and always fired left-handed. He had frequently seen accused go into his mother's bedroom when she was ill in--1918. Accused slept, in the same room as witness, and witness at. times heard ac-, cuscd go out of the room after they had : got into bed at night and go alougl. the passage, after which he heard him talking with.his mother. On such occasions accused usually stayed about nn'Nnliour before coining back to bed. This would happen about twice a week. At. other times accused used to say at. about • 8 o'clock, "Come on, .boys, get' to bed," and •.. after they went they would hear the" blind of the dining-room' being pulled down when his mother and accused were left there. When witnesscs's father was not presont accused called his mother "Milly." Onco witness peeped on them and lie saw improper conduct. Ho heard accused talking to his mother one day. about his father. Accused said he would "murder him," or. "kill him," but he was not sure exactly what the phrase was. After accused had left the farm he called back one Sunday, and complained to witness's mother that witness's father was,talking about him. The statement' she denied '• and. accused , , re-.. toi;ted; "Every dog has his day.". While his father was a way things were, very happv in the household. Thorn andMrs. Eyre were on the best of. terms, as were, also the nhildven. and Thorn. William Henry Hazard, gunmaker, of Auckland, gave evidence in regard to two guns he had examined. One had not been fired for ot least a month, ' while the other nun (produced) had been fired recently, the left barrel more recently than the right. Tn. his opinion, the gun which was fired at deceased" was fired by a left-handed person who stood on a cross-piece from the steps to the.wall, holding on with-his right hand to the window-sill. Further evidence was given in regard to the .hoof-marks of the liorso seen on the road. ' The ease has not concluded. ..-.-•