TE AWAITE MURDER.

Gisborne Times, Volume XVII, Issue 1360, 21 January 1905, Page 2

TE AWAITE MURDER.

McKenzie charged. (Per Press Association.) Wellington, yestorday. At tho Magistra’o’s Court John MoKonzic, alias John William Ellis, was charged with tbo murder of Leonard D. Collinson, at To Awaitc, on March 26th of last year. Mr Wilford defended. All witnesses wero ordorod out of Court. Mr Wilford said he did not propose to crossoxamino, but merely tj watch tbo caso on bohalf of accused, no would not interrupt unless ho saw something irrelevant. By taking this course ho hoped tho caso would bo finished by to-morrow night. Tho first ovidenco was that of tho surveyor who prepared tho plans of tho scene of tho murder.

Tho ovidonoo up to luneb was chiefly formal, describing tho sceno of tho murder. Dr. Palmer, of Foathorston, who mado a post mortem examination, said he had no doubt that tho person who fired tho shot was at a bighor level than tho decoasod, aad that tho weapon used was of a calibre of about -303. Tho wound was not caused by a shot from a Snidor or smooth shot gun. W. H. Tisdall, gunmalcer, oallod as an export, said tho wound described by tho doctor was mado by an expanding bullot, such as "30 or 803, Tho Winchester rifle firod an expanding bullet, and "303 cartridges could bo mado to fit tho Winchester quito ossily.

CONTINUATION OF CASE. FURTHER EVIDENCE. (Per Press Association.) Wellington, lust night. At the murder trial to : day William Henry Tisdall, gunsmith, gave expert evidence. Ho thought after hearing Dr Palmer’s evidence as to the nature of the wound that the shot was fired from a .30 or .303 calibre of weapon. The bullet which caused the death was evidently an expanding one. Many rifles were chamborod to take cartridges of the oalibro mentioned, but .303 cartiidges could, witness said, bo easily made to flt a .30 calibre rifle. Alfred William Rosf, who was with Collinson at the time of the murdor, was next examined, his testimony on the wholo being a repetition of that given by him at the inquest. Olivor Ashby Bunny, a young man, manager of the To Awaite station, knew deceased Collinson as a contractor for scrub cutting, and as a station hand. As a contractor Collinson employed his own men. Witnoss had known accused since 1900. Accused had at different times worked on To Awaito station, both os a contractor arid workman. In February, 1904, Collinson had a eontraot with witness for scrub cutting. Witnoss arranged to meet Collinson on Saturday, the 27th February, 1904, to measure up a block. Before measuring, it was usual for the contractor to fl.ig lines. Collinson was then cutting at a spot about a mile away from where they wero to measure up. On Saturday morning witness wont to Kennel’s camp (Collinson’s) and in consequence of what he was told he went on to the spur and waited until ho aaw three men coming down Colo’s oroek. They were M’Donough, Wa'tors and Ross. Witness met them near To Awaite River. Witness know then that they had found Collinson’s body, and went for the police, telling them not to touch tho body uutil the polioe had arrived. Witness remombored accused working for Collinson in 1903 when tho latter camped at Waipawa Knob. Accused cc-ased working for Collinson about the 25th May, being dismissed by Collinson on account of Bhooting stags. Witnoss instructed Collinson to dismiss him. (Accused at this point took a particularly keen interest in tho ovidence, and smiled slightly). Some time in January or February, 1903, wit ness had a conversation with accused, who was then employed by Collinson. The conversation was about coming on to.Te Awaite. Witness first spoke to Collinson, who called accused .over. Witness exchanged good-day with accused, and said, “ It’s strange you coming to work on Te Awaito this season of the year aftor leaving Glcnburn, and telling my brother (manager for Glenburn) that you were giving up scrub cutting because there was nothing in it and you wero going to work in town. It looks a 3 if you came here purposoly for the deer stalking Beason.” Accused said, 11 If I wanted to get deer stalkiDg I could get plenty of b stags without coming hero.” Witness said, "That’s all right, McKonzio. I just wantod to tell you what I thought.” That was all that was said. Collinson had told witness that accused was shooting stags. Witnoss directed Collinson to dismiss acoused. At tho time aocused was dismissed,’’continued witness, "he was working at Tora camp. 1 remember that in about June, 1903, it was reported to me that a Bheep had been killed under suspicious ciroumstances. The sheep was found near the junction of Cole’s creek with To Awaito River. Accused bad no right to bo there. The Bheep had evidently been shot and a portion had been removed. The body had been put into o watorhole and covered over with tawhina and manuka, He had some conversation with Collinson about sheep. Mr Myers : What did Collinson say ? Mr Wilford objected. He contended that this was not evidence, and should be ruled out. Even if His Worship had any doubt on the point it should bo left for the Supremo Court to docido. Mr Myers said he had no desire to prejudice accused by introduoing unfair ovi< denoe, but it was important, both in the interest of the Crown and prisoner,that the fullest evidence should be taken in that Court. This was important in the case of a charge of murder. He proposed to ask this question, “ Did Collinson name anybody as having shot the sheep.” Mr Wilford : That is more objectionable than a straight out question. His Worship said he preferred to rule the question ont, and the leave point to be raised and decided in a higher Court. Mr Myers : What sort of a man was Collinson ? Mr Wilford objected. Mr Myers : Was he a popular man ? Mr Wilford objected. Collinson, he said, might bo as a dove to some, and as a raging lion to others. A general statement by witness was not relevant. His Worship thought the question had betlor not be put. Witness, continuing, Baid that at the time of Col inson’s death some of the stags would be in a condition to shoot, and sotno would not be. Ho believed licenses wore issued as from tho Ist February. Deois Reardon, labourer, of Masterton, said ho had known accused for twenty years. At Christmas, 1903, witnoss and accused wero at Martinborougb. Collinson there told witness that Ellis had done twelve years’ gaol for what was known as the Greytown job. Accused afterwards said he would have revengo for the statements made about this matter. 1

James Smith, a shearer, deposed that he wo kod ht Dole’s Crock camp in 1908, and saw Ellis there while Colliuson was away. Accused said that Colliuson was not too bad to work for. Ho asked why accused had left Gollinson, and the answer was that accused supposed it was because he had been shootiDg stags. Accused further said ho would settle him some day. He was then speaking ofCollinson. John Herliby, a labourer at To Awaite, said that while at Mactinborough during December, 1903, accused told him that he would do for Collinson, and on being advised not to said, 11 never mind, you’ll see.” j

Fredk, Jackson, who lives on Glenburn station, deposed that be had beard accused blame Collinson for getting him discharged from Te Awaite. The rifle produced witness believed to be his. It disappeared from his camp, and in its place was a written message enclosed in a tobacco pouch which witness had given to accused some time before. The message read, “ I have taken your rifle ; will either return it or pay for it.” The message was signed “ J. McKenzie.”

In reply to counsel for accused, witness said he knew the previous witness Herlihy to be a notorious liar, and he would not believe his evidence.

To Mr Myers, witness said he remembered accused once saying that Collinson wanted a bullet stuck into his skull, and that he would square accounts with him ■ >me day. Oliver Bunny, re called, said that he had also found Herlihy truthful. The case stands adjourned until to- ■ morrow.