WAIMATE MURDER CHARGE.

Hokitika Guardian, 2 September 1926, Page 4

WAIMATE MURDER CHARGE.

■■ 1 ! A DETECTIVE’S EVIDENCE. j TDLA.RU, Aug. 31. During the hearing of the charge of murder preferred 'against Owen ' Joseph Francis McKee, a farmer of Makikihi, Detective R. J. Walker stated that on July 30th. he went to Makikihi and called at accused’s house. Accused was not then present. Witness examined the kitchen floor, but could not find any blood-stains. He did not examine the cracks in the floor minutely. M itnes took possession of a shot-gun found in the house. Both barrels were perfectly clean. Some cartridges were lying about, and witness took samples of them. Some had been discharged, whilst others were alive. The following day ho interviewed accused at AVninnate, and accused said that England had been shot while he was endeavouring to extract a tight cartridge from the gun. The gun produced was the one witness took possession of. Asked if lie had a quarrel with England, accused denied thathe had had a row just previous to the shooting, but said there had been an argument the day before. Accused stated that ho had no property of England’s, hut later came to witness with £2 15s. Asked to explain particulars of the money, accused said that prior to the shooting lie had paid England £2 los, and after the shooting was over England gave it hack to accused for the purpose of liquidating some debts. Accused then made a written statement, which was produced, in which he said England was shot accidentally while accused was endeavouring to ex-

tract a tight cartridge from the gun. Accused did not mention to witness having tried to place money in England’s pocket on the way to the hospital after the shooting. However, early in. August, when asked about it. accused said he had offered England £2 but the latter would not take it. Accused had then tried to place it in England’s pocket, thinking it might he handy to him. RECONSTRUCTING THE; SCENE On August 4th., witness again visited accused’s house and looked for a cartridge of the same make as that in the gun when the shooting occurred. There wore some of the same make, hut none of the same type. A further visit was made later with Inspector Kemp, Dr Wylie, and Mr Seager. Accused was asked to demonstrate how the accident occurred. This he'did by sitting on the table with the gun across hi.s chest, grasping it with both hands, tlie stock being under the right elbow and the barrel pointing towards the kitchen door. The right thumb was on tlie right-band hammer and the right forefinger on the trigger. Ho was in the act of pulling the trigger and taking the strain off the hammer with his thumb when the hammer slipped. exploding the cartridge. Asked to show wnerc deceased was standing, accused indicated a spot just inside the kitchen door, and said he was facing towards tlie stove and in a stumbling attitude. Measurements were taken by Mr Seager and the witness found that, according to accused’s demonstration, the barrel of the gun would bo about 20 indies from the floor and pointing slightly downwards. From Hie positions indicated by accused. deceased would be about six indies in front of the muzzle. When asked where England had been, accused said that he was coming into the house and was quite emphatic that ho was not going out of the house. Upon accused giving his demonstration, Dr Wylie had shown in what position, the gun must have been in order to inflict the wound that deceased had suffered. This position was opposite to the one that accused had shown. Dr Wylie showed that the gun must have been pointing downwards at an angle of 45 degrees and inwdrds in order to inflict the wound. Accused witnessed this demonstration, but made

no comment. ACCUSED’S AMENDED STATEMENT The next time witness saw accused was afier the inquest had been held. Witness asked accused if lie had any further comment to make and accused replied that he had. He said ho had made a. mistake and had made in his previous statement, statements about the shooting which were not correct. 'l’he shooting had not taken place under the circumstances lie had previously outlined, hut he and England had had a quarrel, during which the gun had exploded. Afterwards England and himself had mode a pact that they would not divulge how it had happened. Witness then asked the accused to come to the police station and make a statement, hut accused replied that lie would not divulge more until he had

seen a solicitor. The next day accused called on witness at tlie Timnrii Police Station and made a statement, in which he said that on the evening previous to tlie accident England and himself had had an argument over the labour question, and also over wages, which England claimed in lieu of notice. Accused had then promised to pay England the next day. In the morning accused went to Makikibi to change a £5 note, anil returned about 11.30. He was preparing the dinner when be beard the fowls screeching and saw a hawk hovering over them. Accused then took up the gun and a cartridge from the table and went outside after the hawk. However, he did not get a shot at it, and he returned. A STRUGGLE FOR. THE GUN. Tie propped the gun against the table while he took some meat out of the oven. England then came in and said he wanted extra money in lieu of notice, and that there would be skin and hair living if be did not get it. Accused replied that- if he wanted extra

there was a proper channel through which to ask for it. Thereupon England took no tlie gun by the barrel and made to bit accused with it. Accused told England to be careful as tlie gun was loaded, but be took no notice. A struggle ensued, during' which the gun was exploded, and England received the charge. When lie was bit England said. “Good God, Owen. I’ve been shot. 1 thought you were bluffing about the gun being loaded. Don’t say anything about how it happened. Say it was an accident.” Just then accused’s brother came in, and accused told him the first story, which he subsequently stuck to. When Dr Wylie’s explanation was made, accused’s story

had broken down, and ho knew the truth would have to come out. EXPERIMENTS ON CLOTH:. Continuing, witness said that several experiments had been made with the gun and some cartridges on a piece of cloth. Up to a distance of two feet the holes showed marks of powder, but over that distance there were no marks of powder near the hole made by the passage of the charge. Witness arrested accused on Aug. lltli., ancf when the charge was read to him, accused said: “Good God! Oh. well. T suppose it’s got to bo faced.” o At the~eonelnsion of the hearing of other evidence accused was committed for trial.