DEATH SENTENCE

Dominion, Volume 14, Issue 60, 4 December 1920, Page 10

DEATH SENTENCE

THE PUKEKAWA TRAGEDY

THORN FOUND GUILTY OF MURDER

JUDGE AGREES WITH VERDICT

Bv Teletrranh-Preiß Association.

Auckland, December 3. Tho trial of Samuel John Thorn, farm hand, on a charge that on August 24. he murdered Sidney Seymour Kyre, settler, of Ptikekawa, was continued to-day before Mr. Justice Chapman at the Supreme Court. The final evidence for tfhe yrosr-cution. was heard, and .Mr. Singer, for the defence, then addressod the jury. Counsel asked the jury whether the Crown lmd proved that accused committed the crime. Secondly, was it possible that someone else committed the crime? Though they might feel that accused committed it, was it possible that someone else comniitted the murder? If a possibility existed, then they must give olfeet of that possibility. He would show that it was not a remote possibility. Circumstantial evidence was open to tho greatsot errors. When he addressed the jury on tho subject of who "might havo committed the crime, continued Mr. Singer, it was not for them to say that the perfons he pointed out were guilty, but if there was a possibility of any olio of them having committed the crime it was the jury's duty to acquit accused. Was them a doubt that Thorn Todo "Micky" that night? Was there a doubt that, a gun being used, whether a No. 7 Peter cartridge was used? Assuming accused rode "Micky" and came to within 150 yards of the house, yet the Crown had not "established to tlie proper satisfaction of the jury the case that they had sot out to make. Mr. Stringer dealt exhaustively with the horseshoe prints on the ground. These, he said, .were not like fingerprints, which had a large number of similarities. In tho present ease the only similarities here were the width and the nicks. Even although Thorn had said ho did not iblame Mrs. Eyre, thoro was not enough to justify the jury in Baying that she was not in the tragedy somewhere. When the accused said, "I will dwig someone else- in," ho must have had somebody in his mind, but ho had refused to say -who was in his mind. "May ho not have believed, as may not you gentlemen to-day beliove, that the person who committed that crimo may havo been Mrs. Eyro?" asked counsel. "We have known other cases of similar tragedies," he added. "Wo cannot ffiTnce matrors, and we cannot be mealey-mouthod. Murder has been committed. This man has been charged. May it not have beon Mrs. Eyre? It mny liavo been somebody, othor than Mrs. Eyre, or Thorn, but we cannot get away from the grave possibility that it was Mrs. Eyro."

His Honour Sums Up. In summing up Mr. Justico Chapman pointed out that tho jury must bo satisfied that the evidence was in a reasonable sense conclusive, and that it pointed to accused and no other person. Counse- for tho defence had put it that tho criino was committed by Mrs. Eyre. Mr. Singer: "May" have been, Your Honour. Judge Chapman: "'Was' qualified by u 'may.'" No other persons, ho continued, had beon pointed to throughout the trial a$ having grounds for enmity, or for murdering Eyro, other than acnused. or Mrs. Eyre. That >vos not, of course-, in itself final. No doubt Mrs. Eyre was in a very singular position. It had been suggested that she tiid nut foil it true story when Detective-Sergeant Ouniuiings first interviewed hor, but had «he, to her own shame," told tho tiuih in Court? Could" the jury wonder she was reluctant to give horself »v ay and Ihrown away her reputition ui.til she found iil essential?

The jury retired at 4.lift p.m., (met returned at 8.20. The Court was then orowded. and tlie prisoner, who arrwcrt pnlo, eagerly scanned the jury, mid t.l «il folded liin arms. The foreman nnnonncod that the verdict was "guilty." , His Honour asked if accused had ianything to say, and Mr. rtingor, rising, replied for the acctised, Hint in view of the penalty His Honour was Ixiund to impose, ho did not gee that aruhinc could t>e said. . . Ad3reasing the prisoner, Ihe .Imlxo smd he had been found guilty by <t jury ofjiis own countrymen, who had given most careful consideration to tlie ease. That the evidenae proved his guilt was thejudge's firm convintion. Piisoner had been defended with p*."eptio.!ial nbiljty. and the polico and H.e auiliorifics liail shown him overy consideration. Hi* Honour then |ias»ed of deafli, and nrisonor, wl;r, hdd Ti-im-ined calm throughout, turned nnd left the dock. , .

'■ > Evldcnco o f Mrs. Evre, Addressing the jury, the Judge said he absolutely and entirely approved of their verdict. He paid a tribute to ljie police, especially to petaotivo-Sorgojwt CummiriKß. He wished to say that whatever might be felt regarding that unfortunate "rpjiinn, Mrs. I' s vo, he was perfectly satisfied that <> v .o had appeared in Court an absolutely ui'liased anu truthful witness, and md given her evidence with the utmost sincerity.