The Kaiwhara Tragedy

Feilding Star, Volume XI, Issue 13, 16 July 1889, Page 3

The Kaiwhara Tragedy

OHEMIS FOUND GUILTY AND SENTENCED TO DEATH. The case for the Crown closed on Saturday. A brief summary of the Crown Prosecutor's (Mr Bell) address to the jury was published in our last issue. Mr Bunny, in a lengthy speech, entered on his defence of the prisoner, Cheniis. He said it was the duty of the Crownto prove on their behalf of the prisouer's guilt, and not for him to prove his innocence, That murder had been committed was beyond doubt; but it would be a question for them to consider whether a murder of this nature was committed by one man alone. Of course if they were satisfied as he had ever confidence they would be, in the innocence of the prisoner, they would not have to give much consideration as to who committed the murder; but their sole duty was to consider the case as it applied to the prisoner. Referring to the lawsuit, he said the prisoner could not gain anything by killing Hawkins. He would be in excatly the same position as before, for the action would still be pending over his head. And he asked them to say in considering the whole case that the question of motive had failed. Mr Hawkings was a harsh landlord, and there was not the slightest doubt from the evidence that he had lawsuits with one and quarrels with another, so that he might be said to be a man who was surrounded with people with whom he was at variance. Was the prisoner the only man who had a motive against the deceased. If the prisoner had contemplated killing Hawkins, why did he not take the loaded revolver, which <K>uld be more easily carried over the hills than the , gun. Was not this a titrong fact in favour of the prisoner. As to the stiletto, they had proofs that it had verdigris on the hilt to the «xtent of half an inch. He would ask them to use common sense in deciding whether that stiletto had inflicted the wounds, and they must not be led away by any professional theory. If that weapon had been used on the previous night, as the Crown suggested, would it have been found in that condition. He then referred to che peculiar conduct of Bowies, who afteY discovering the body of Hawbin's, remained at Dimocks until 12.30. Why did he not go back to the house and see his wife ! No, he preferred to go into somebody's tent and stay there until 12.30. Then he went up to the house, but did not go in. He went into a lean-to, and sat on a bed and tried to go to sleep, but could not. Was there not, he asked, some strange mystery relating to the Hawkins household that night. Referring to the gun, he said there was clear proof from the condition of the barrels that they had not both been fired off at the same time the last time the gun was fired. Mr Bunny said he would ask the jury to say with regard to the piece of paper of the 31st May, *ent by Dr Cahill to Mr Tasker, that its presence in the mass of flesh was not satisfactorily explained by the Crown. Wellington, July 15 The Chief Justice began summing up in the Kaiwarra murder case this morning. He conclnded by telling the jury that if they found a doubt at all in prisoner's favour he must have the benefit of it. The jury retired at 1 to consider their verdict, and they returned at 5.10. His Honor having taken his- seat, the Registrar asked the foreman of the iury if they had agreed upon their verdict ? The Foreman : Yes. The Eegistrar: How say you, do you find the prisoner guilty or not guilty ? The Foreman : Guilty. (His Honor then put on the black cap.) The Registrar : Louis Chemis, you have been found guilty of murder. Have you anything to say why the sentence of the law should not be passed upon you ? The prisoner in a loud clear voice then addressed His Honor as follows : — " Yes, I would like to say a few words. I reckon that the detectives treated me too. bad. They say they never found any powder flask in my place. It was. right along side the pouch with the shot, and with one hand they could have picked up both. They say they never saw any quail. There were three or four in a tin. Detective Benjamin was near to them himself. 1 can prove by the blacksmith at Kaiwhara that I got a wad punch from him. I can get the same man to prove that I brought him the wad punch since the Ist April. I never use paper at all in my gun. I hope your Honor will see to-morrow whether I am telling you a lie or telling you the truth. About these bullets Jamie Gibson gave them to me last winter when I took over this place from Hawkings. He gave me about tern of them to shoot pigs. The bullets were no good. They -were too small for my gun. I hope your Honor will prove this by calling Jamie Gibson to-morrow morning. The detectives say they never saw any wad punch — it was right alongside the pouch. I reckon they treated me too bad. I am ■willing to die now or any other time. I -will go on the scaffold to-morrow morning. lam innocent of this crime. lam sorry for my wife and children; for myself I care nothing." His Honor, who was deeply affected, his voice being tremulous with emotion, and scarcely audible, addressing the prisoner at the bar said:— l don't ieel it necessary to say more than this : that the few words you have uttered to the police i -will go far to confirm in the minds of most people the fact of your guilt. I don't believe that the police officers are such that they would conspire in your death. It is not for me to express any opinion of concurrence in the verdict which the jury, after a most patient hearing, have returned. The prosecution has bean most careful, "and, as I believe, most fair. The defence has been able, and no point which could be made in your favour has been lost. The sentence of the Court is that you be taken hence to the place whence you came, and there be hanged by the neck until you be dead. Eemcve the prisoner. The prisoner : Thank you, your Honor. Chemis was then removed.