COUNSEL ACCOMPANY JURY TO SCENE OF MURDER.

Gisborne Times, Volume XVII, Issue 1373, 7 February 1905, Page 3

COUNSEL ACCOMPANY JURY TO SCENE OF MURDER.

(Per Press Association/!

Wellington, last night. At tho murder trial, after reviewing the Oase.'.the Crown Prosoculorproceedod tooall evidsnoc. Tho first witness was Reginald P. Grevillo, who produced a locality plan which ho bad prepared from data as supplied. His ovidonoo in detail was interrupted by a discussion on - tho question of tho expediency of the jory visitiog the locality. His Honor, in putting tho matter to the jury, said it was ootiroly a question for themselves. All arrangements had boon made,-and if they thought it necessary to view tho sceue of the murder every feoility would bo given them for doing so, aud every arrangement made for their convenience. The jury, after consultation, I annonneed that they preferred to visit tho I locality. I The jury left by this afternoon’s Waira- I rapa train, accompanied by the Registrar I of the Supreme Court, two constables, and Mr Greville, surveyor. Messrs Wilford I and Myers and Detective Brobsrg are also I of the party. I The trial has in the meantime been adjourned until 2 p m. on Wednesday. I

, OPENING ADDRESSES,

Hater.—The_ trial of James William Ellis, alias McSenzie, charged with the murder of Loonard Reeve Coliinson at Te Awaite on 26th February, 1904, began

before Mr Justice Denni3ton to day. Mr Myers, Crown Prosecutor, appeared for the CrowD, aDd Mr Wilford defended. The Crown Prosecutor detailed the circumstances connected with the murder, and said that the stag-shooting season had not commenced on the 26th February, and no one had any license from the manager of Te Awaite to goon the station and shout. Ho one but scrub cutters or people about the station had any right or any lawful business to be on the station, and certainly no one had any right to be shooting on the station. He mentioned, this in view of somß visionary theory that might be raised that some one was sbootiDg about the station. There was no game to be found within a quarter of a mile of the sceno of the murder, and even if there were poachers about, it- was clear that in this case; there was nothing to shoot at unless ,the game was two legged. The circumstances were such that they must come to the conclusion that Coliinson was shot by a man with intent ■to do deliberate and wilful murder. The Crown case’ would "depend on what was; generally called circumstantial evidence. Hinß out of ten cases before the Courts, and 99 out of 100 murder cases were and must be decided on such evidence alone. P They sometimes heard a man say that he ‘ could not convict anyone of murder unless someone could come and say, “I saw him do it.” Ho assured the jury that that was a very wrong attitude. Murder was not committed in the presence of a number of people, and the murderer did not call people to come aud see him do it. If he did there was a good deal in support of tho plea of insanity. A murderer generally' went about his work secretly, quietly and craftily, taking good care that he should not be seen. Some Judges preferred circumstantial evidence, and a jury never refused to convict merely because the evidence ; was such. Circumstantial evidence was to depose to 2 and 2. It was for tho jury to themselves make 4 of this, instead of a witness writing that figure on the blackboard. He instanced the Boaher ease. As to the motive, Coliinson bad, or accused thought he had, got accused dismissed from Te Awaite station. In addition Collinson had said unpleasant : things about some previous episode id connection with prisoner, and what Coliinson had said was repeated to prisoner. Mr Myer 3 explained to the jury that the fact that accused might have had an unpleasant episode in his life was not anything against him at all, but if accused hud had such an episode, and, maybe, was trying to live it down, it would be very annoyiog to him, to say the least, if he found another referring to the episode, it might be, to do him harm. It would be shown that it angered acoused, and that ho uttered serious threats against Coliinson, which would form an important feature of the case. Counsel proceeded to put a suppositions cose. Let them Imagine the following matters concerning two men, A and B:—1* they found A uttering serious threats against B, saying ho would ‘ doJovß, and so on, saying B wanted a bullet through his skull.” If they found a motivo for this in effect on A a mind of notions whioh ho believed B bad done to iDiurehim; if offer uttering tnreats A s acts were consistent with on intention to carry them out; if shortly after B wob suddenly shot through the heart; if prior r to this A had been seen hovering round the locality of B’s work, and keeping out of view in a lonely and doso.a.e tract , if ! A was soon a few hours before the murder within a few hundred yards of the scene ~ : if they found that no one else was seen id , the locality; if immediately after the murder A cleared out and lived the life of an outlaw for nine months or more, without means of subsistence, except possibly tho meat which ho shot; if they found tha A was armed when arrested with loaded rifle, and with revolver loaded in all its six chambers, tho revolver slung just inside his coat, with the holster undone, the revolver being of no use to any one m the bush,-unless for of selfdefence; if they found that A obtained n rifle more or less surreptitiously very shortly before the murder; if they found ♦Vidf- the rifl9 wa3 capable of inflicting the niury that Lused the death ; if they found cartridges on A that fitted the rifle, and that were similar to the cartridges with which the wound must have beon inflicted. To what conclusion, as reasonable men, could they° come ? What case could be stronger? This suppositious case was ono thoy had to try.