Murder Trial.

Hokitika Guardian, 22 July 1922, Page 3

Murder Trial.

[by TELEGRAPH—PER PRESS ASSOCIATION']

WANGANUT, July 21

The hearing of the charge against Toldy of alleged murder was continued to-day. A number of witnesses living in the vicinity gave evidence that they saw the accused at various times in the locality, oil the day. Nothing important was elicited. It is understood the analyst’s report, not yet presented, show* there were no blood stains on the accused’s clothing. Detective Cameron produced a dark tweed overcoat, and oilskin which admittedly belonged to Toldv. lie quoted a conversation with Toldy, when the latter said that the neighbours declared they saw him home at fix o’clock. The detective said that tl'"' neighhnii! s, when consulted liv the police, said that the time was seven o’clock. Following on this the detective told accused that the investigations <>f his statement proved them to he vitally incorrect, and lit-, therefoie, arrested Toldy. The accused had a hall-sovereign in his possession. lie also p; educed it on June 2nd. but nit-n-ss did not then know that Chow Yat had had a half-sovereign. He (( ameron) and Detective Quirks had walked from the scene of the murder to Toldyhome hv road in .'IS minutes end across the field in 30 minutes. Witness also said that a wash-tub full of soap-suds was in the wliurc at the time p was visited.

Detect h'e-Sergt Quirke’s' < ••hlein.e was on similar lines. He <ar! that the accused declared he had only two overcoats. When Toldy said Mrs Gecnrd saw him on the Wednesday night witness told him it was on the Tuesday night. Inspector Fouliey produced another written statement signed by Toldy, in which the latter said that he was in lied from 2 to 5, and from (i till 9 on the day of the murder. Senr-Scrgt Lopdclll said that Toldy told him he had not gone as far as Gordon Park Road, and got home at .'1 p.m. and went to bed.

Kwong Chong, Chow Yat’s employer, sail that Yat neither drank nor gambled. A lady who passed the whare at 5.J0 to 5.50 p.m. said a light was burning. Win Stewart, a boy living nearby, said he heard four shots about 5.-15 p.m. and saw two men running along the read in the semi-darkness. He told his father later, but nothing was done.

Other witnesses said that they passed (Hong the read early in the evening, and if Yat’s body had been there, they must have seen it. One witness said lie passed a man going at a great rate towards town, hut couldn’t tel! who it was.

Mary O’Donnell said that when cycling home to Long Acre after 10 p.m. she saw* a body on the road-side. •She had first seen the accused in the district on the Monday before the murder, and again on the Wednesday

morning. Bichard O'Donnell's evidence rela led to the events of Tuesday and Wednesday, and did not correspond with "Toldv’s account. He said that on the Wednesday he saw Toldv on the read and Toldy won' off into some l ush, sidling, round a tree a* O Donnell passed. Toldv then had a light garbardine overcoat over his arm. On the Flidst.v when he saw Toldy again, the latter seemed confused. To accused’s counsel, witness said that there was no difficulty in seeing Toldv in the hush.

WANGANUI. July 21. The trial of l.ouis Toldy. on the charge of the murder o! the Chinaman. Chow Vat. came to a dramatic conclusion in the Magistrate's Court to-day, Mr I hillings. S.M., holding That the Crown had failed to make out a prima facie case, and releasing the accused.

Tin l most important of till* witnesses Wins Detective Nnttiil, who silitl that the clothes belonging to the aeeused were sent to the Government Bacteriologist, hut an analysis had failed to find on them any trace of human blood. When asked to plead, the accused said quietly: “1 am not guilty.” Accused's solicitor, .Mr W. .1. Tread well, said he felt In* would lie lacking in hi s duty if lie did not ask the .Maoistrale to take the responsibility of 'dismissing the information. He knew be was asking the Magistrate to accept no small responsibility, and he knew of no other similar esc in which the s ame ivoiiest bad been made. The Government Analyst's report was decidedly in the accused's favour. It was palpable to everyone that il a. jury, on the evidence, recorded a conviction, they would be taking an extreme step. A ma*s of evidence had been called that the man was seen on .May both, and tins evidence had been brought about -mely by a Statement ol the accused to the police. when he told them the story ol Will a I he was doing on the both. One would expect a guilt' man to tell the police a story which they could not verify. Instead, lie told them, to the best of his belief. his movements. All he had said was trim down to the minutest instance. c:ecpt that hi 1 made a. mistake in some ol the even s, and said they happened on the birth instead of the blst. II loldy wanted* to mislead the police, he would ha . e told them false statements. Tin statements were then" of a man utterly untenable and unfounded. II a man was to lie convicted on the statements put forward during the ease, then In* ventured to say tin* lilt* of no man would lie sale. I here was nothing extraordinary about Toldy having been seen oil tile road, or that he •stopped suddenly and decided not to take the course he followed, and took another cour.su. Yet this was to he thrown up against him, and that he wanted to avoid a man hours before i the nmrdcr took place. I Referring to the evening of the : blst Mr Treadwell vsked the Magistrate whether he thought, it possible i.Toldv could have committed the nmri der. and then acted In the careless. : callous way which lie did. The lour . dor took place about (I and Toldy was i at tin* tram terminus at <>.lo calnilv ! talking to tramway officials, and aeti ing ill a perfectly normal manner. He ' was again at tbc ’terminus at 8 p m. j talking again in tin* same uneonaern- ! ed manner, and there was not sulii- • eieut evidence to warrant I old' being | put oil his trial. The police "ere to I be commended for the way they had i done their duty, but all they bad 1 brought forward was some evidence i that Toldy was seen on the road, j Toldy lmd been in gaol for several | 'weeks. Tlu* Magistrate said the evidence m , ' the ease was so helplessly weak, that ; lie did not think it possible lor a jury to convict. 1 Mr Marshall said the matter of the j overcoat had not been satisfactorily J explained. A numbei of witnesses i bad sworn that he was carrying an- | ..’then oven oat. - The evidence also | showed that the a m • •' "as avoiding i : recognition. [ 1 The Magistrate said the witnesses so described the eoit that it had be- ' come one of many colours. He asked ' J[ r Marshall whether the Grand bury * would hud a true bill. ’ Mr Marshall: "T think they would, i The Magistratei '‘You would never

get a conviction with the common jury.” The Magistrate said he felt his responsibility in the matter, but would not shirk his duty. Mr Marshall said it was not for him to press the matter unduly. However, lie thought the Magistrate was accepting a grave responsibility if be dismissed the ease.

The Magistrate said be would take five minutes to tlfink the matter quietly Over in bis mind. He did not expect, at this stage, to be asked to dismiss the case. On bis return ,his Worship said lie had given the matter careful and anxious thought. He would be failing in his dutv if he allowed it to go furrher on the present evidence, which, did not establish a prima facie case. Hi- was quite satisfied that no errand jury would return a true bid on the evdence, also that no common jui-v tvtitild he allowed to convict. There "'as a hid crowd in the Court which received the decision with “Hear, hears” and band clapping. in lisi Colonial capacity, the Magistrate returned a verdict: “That the death of Chow Yat was due to a bullet wound in the bead .inflicted by a person unknown.