TE AWAITE MURDER.

Gisborne Times, Volume XVII, Issue 1378, 13 February 1905, Page 3

TE AWAITE MURDER.

’(Per Press Association.) Wellington, Saturday. The To Awaito murder caso was conS tinuod to-day. Tho Crown Prosecutor. Mr Myors, in addrossiug thq jury, said that if jurios wore ' not to oonviot on oiraumstantiol evidenoo good-bye to liberty of tho subject. Counsel for the dofouoo had only beou üblo to . r*icsrsve«inar discrepancies in the witnesses’ f ;and-these discrepancies really the honesty of tho witnesses. He tho ovidonen of motive and I 1 vary slron S- Tho Crown caso tho murder was deliberately Jr.'••p(ai»wl and carried out. \ for the dr.fouco in tho To i l ' ' Awairo i,oaso, said tho Crown asked tho V jury to find Ellis guilty, tho Crown t o ould not find anyone else, W they must ; . have a victim. It was boyoSi reason to ! expect a man who had.bitfcer onomios and whosu caso had been prejudiced to give himself up to the police. Tho witnesses i for tho prosecution had lied. Tho threats alleged to havo boon made by the prisouor were idle words. Motive could not bo diagnosed from words. Some people used * words from bravado, some heedlesoly. What was tho valuo of tho words ; “wantod shooting ”? Had they never heard one man use such words against another. Mr Wilford sot up the theory that Collinson was killed accidentally by someone poaching on the run. It was unreasonable I: to suggest that any one man would go to within 21 yards of another to shoot him ! when thero was a third man dose by.

ACCUSED SENTENCED TO DEATH • JURY RECOMMENDS MERCY. ', (Per Press Association.) Wellington, last night. At the murder trial His Honor, in summing up, reminded the jury that they had to be satisfied beyond a reasonable doubt >, that the alternative of the guilt of accused was not only tnuoh more probable than his innocence, but that the alternative of . innooenoo was praoiically excluded beyond V any reasonable doubt. They must bo satisfied, not that accused might have murdered Collinson, or oven that it was very probable ho did murder him, but the evidenoo must satisfyhim that ho actually did murder him. Before they could con'd: viot there were two questions the jury had to consider: Had the Crown proved Xtl their satisfaction all or any the circumstances relied on as proving tho guilt oE accused? Was the result of this proof such as would lead them to the irresistible inference that aocused and no ether muss have committed this act? His Honor then proceeded to review the evidence givsn for the ■ Crown. It had - been suggested that some of the witnesses r were untruthful and desired to bo revenged . ~on accused. Ho would leave it to the jury ; to say whether tho manner in whioh these .• witnesses had given their testimony warranted suoh a conclusion. McDonough’s ..evidence that he had soon accused on the (*• morning of tho murder was challenged oh tho ground that he did not leave the camp as he said he did that morning. He (His V, Honor) desired So point out this, that it Ju required very strong negative evidence to contradict positive evidence. Of course, prisoner’s presence about the locality on jr- the morning of thß murder was a very important element in tho case. His Honor also drow attention to accused’s prolonged absence from human kon, to his living on the proceeds of depredations, and >'• to his having been arrested, armed to the teeth, in a remote locality. The jury retired to consider the verdict at 4.25 p.m. iv—. The jury returned into Court at six o’clock, their verdict being guilty, with a recommendation to mercy. Tho prisoner heard the announcement unmoved. In reply to the usual question of ■\ whether ho had anything to say, Ellis re- | plied “ No’’ in a clear, steady voice. ; His Honor said the recommendation to mercy forwarded to the proper authorities, fflS.ho could not encourage the >: prisoner to rely ; on-. any resalt therefrom. Then assuming tbsrblack cap, His _ Honor passed sentence of death, omitting the i usual formula “that the Dord shouldhava ’> mercy on prisoner’3 soul." The prisoner maintained h i 3 unwavering C2»\£u daring the recital of the sentence, at rais conclusion of which ho was removed t& tho colls. * .tw