MURDER TRIAL

Dominion, Volume 14, Issue 46, 18 November 1920, Page 6

MURDER TRIAL

iff ' PUKEKAWA TRAGEDY EVIDENCE OF DISTRICT RESIDENTS Br Teleffmph—Presa Association. Auckland, November 17. Tho trial of Samuel John Thorn, charged with jthc murder of Sidney jnour Eyre, at Pukeknwn, oil Aupust i-U was continued to-day in tho Supreme Court , before the Chief Justice. William Henry Hazard, Mjn merchant said', that he had dealt in rifles. for cm 1 ' 35 years. He examined Philip lAies rifle on August 26, and his opinion was Wat 1t"llnd not been fired for a montn. When he looked at accuseds gui) on August 30 he found that both barrels had. been fired soma time previously! (he left one more recently than the olher. Both barrels had been cleaned, and the light one had npnM en I t * v , "J"® cleaned a second tune. The left bar rel hnd a black substance, in it. not having been thoroughly cleaned. no believed it had been fired within a weolt or ten davs. Cartridges in tho guncase contained No. fi and No. 7 shots. His firm had e,UDnlicd that kind «t enrtridee to Mrs. Kyro for accused at one time. The phot found in deceased s head agreed with No. 7 shot in TSGifjnr* After examining the murdered mans Toom. he had concluded that the shot was fired from 'outside the left corner of the window in f\ downward direction. Tho firer would have to flre from hw left side; he did not think the gun couM have been fired from .anv other angle. Medical evidence was given to tho effect that deceased had, been killed in his sleep. ~ „ ' . , , •'A number of residents of the district wer.e then called by the Crown.

Charles Vincent, farjner, of Pukekawa, said that his farm was between •Eyre's place and .Glen Murray. Oil August 24 he went to bed at nbout 9 p.m. Soon afterwards the dogs barked, end he pot up to sob what Wns the cause. He saw and heard a horse coming townrds Tuokau, that was, from Glen Murray direction towards Eyre's place. It was too dark to see whether there wa9 a man on it. Witness went to bed. but jy,as disturbed ;galn a little after 12 o'clock. This fime he WPiit out, because it was unusual for the does to make a noise at that time of night. He went outside the fence on the second occasion. He then heard a horse travelling back towards Glon Murray. . lie did not pee it that time. The animal was trotting going in. but it cant/red coming back.

Cross-examined: Witness admitted that in the Jfag/strate's Court at Pukekawa ho had stated that r.n the two occasions he heard tho horse gallopinc nnd that 110 saw nothing. Witness said he saw no rider, but he saw a beast coming along tho road. Afr. Singer: A beast?

Witness: It -was bound to be a horse, because no other animal would eomu along the road at that timo of night. ■ His Honour: Do you suggest it could have been ,n cow? Mr. Singet: It have been a bull, a mule, or a donkey. John M. Stewart, cream ' carrier, of Pukekawa, said that about 8' a.m. on August 2i he noticed fresh horse footnrints near a post about 150 yards from Eyre s house. He was curious, land followed them right to where the road blanched off towards .Glen Murray. Tho prints were good, and different from others on tho rond, and were on' the : wrong sido of tho road both ways. The front shop prints, had certain peculiarities. The shoes in Court, would make exactly the same impression, 110 guessed ■ Cross-examined by .Mr. Singer, witness said he had heatd.of 'the murder' and examined the marks because of what' he had heard.' Ho. did not follow any other prints. Ho had -never seen the shoes until to-day. James Granville, of Glen Murray, employer of the accused, described th« horses, on his property, and the kind of shoes they wore. Micky was the only ono wearing plain shoes.- On Tuesday, August 24, accused commenced ploughing a pioce of land some distance from home, going to camp there. The horse Micky was in his charge. Witness was not continuously present when tho police took a statement from accused oh August 25. Tho police party, stayed the night at hid house, and next morning- Detective-Ser-geant Cummings told witness that Thorn had refused -to got in the horses. Witness told Thorn to get them in, and this was done. Sorgeant Qummings then proceeded to examine the horses. Accused asked 'which horse they wanted, "and witness said ho thought it was Dick. Cummings was looking at lioof-prints, and calling Constable Thompson, said: "I think Micky's shoos will do." Accused gave a start, said "Oh," nnd turned a bit pale. Tho police then singled 'Micky out and removed, his 6hoes, saying that tho marks' on the shoes corresponded with thoso on the road. .Witness told accuscd it was a Vjsry serious thing—that 110 had better go to the inquest to see if anything was said about him. Accused was quite willing to go. Detective-Sergeant Cummings then tried Thorn's radd!e on Micky, remarking that it fitted. Witness replied that it was on Dick the previous day. There' was little, if any, difference in girth between Micky mid . Dick. Cuinmings then said there was a print of n Saddle on the cover. Witness invited Thorn to look at it, ljut tho latter refused to do so.

To Mr. Singer: Witness said that when he took deliveir of the horso Micky, the animal was suffering from lampers, and had to be left on the way homo for treatment. It was not true that, he knocked up on Tils first journey. This was a few weeks Tiefaro the date of tho murder. Witness denied also that the horse was almost knocked up when finally taken home.

At. this stage the Court was adjourned for tho day.