MURDER TRIAL

Hokitika Guardian, 5 November 1929, Page 3

MURDER TRIAL

NELSON STREET TRAGEDY

(By Telegraph—Press Association)

AUCKLAND, Nov. 4

The trial of George Gaffe,ry, a labourer, aged 34, for whom. Air Dicksou and Air Ale-Liver appeared, on a charge of murdering Thomas heavy at 119, Nelson Street, on the' evening of August 2, was commenced to-day before Air Justice Smith, in the Supreme Court. Caffery showed no signs of emotion throughout the clay, which was mostly occupied with the hearing of preliminary evidence. George Frederick Cole, a hawker, said that he was living at 119, Nelson Street, with Leavy and Oarmody on August 2. He had known Caffery for several years. On returning Lome' shortly before five o’clock on tire evening of the tragedy, lie found Leavy preparing tea. He was in good spirits, and was quite sober. After tea, two women friends came to the house, and a fire was lit in a spare bedroom. . They assembled in the room. Some time later Caffery appeared at the door,- he apparently having entered the house by the hack door, as the front door was closed. He asked witness to go outside,, but when he refused twice, Caffery said: “All right,- I will get you.” He then went out by the front door. Shortly - ttftnu\ Oarmody , (witness's) room mate), and James Gallot entered. They had drinks. Then, about half an hour later, there was a heavy bang at the front door. Leavy wont to answer the door. Witness was walking down the passage to the kitchen as Leavy opened the door. He; heard Leavy say: “Get . out of this! You are not coming in!” Then be heard Caffery say: “T am coming in.” He was sure the voice was that of Caffery. Turning , found, lie saw Leavy pushing someone, but lie could not se.e who it was outside. Suddenly, Leavy cried: “David, I’m stabbed!.”, He staggered from tho door, and witness helped him on to a bed in the room where the others were. By the time he had returned to the front of the house, the front door had been closed, although there was no one there. After the inquest had been opened, next day witness returned to the 'house, and while cleaning the front. room, he found. a bloodstained knife near the walk On being shown tho knife by Mr Meredith, witness said lie could not exactly identify it as ihe ope he found, although it was similar.

Further questioned regarding the fatal struggle, witness said .that ho saw Caffery’,s head behind Leavy in the doorway.. .

Levina. Foster said that she • called at 119, Notion Street, with- a. bvomnn friend, about six o’clock on the-even-ing of August 2. . They were .not expected. A fire was alight in a ' spare bedroom, and, on arriving, witness was given drink with Leavv, Cole and her friend-. She sat before the fire. After about half-an-hour,. Caifery appeared at the room- door';, and asked Colo to. go outside, ..When • -he refused, Caffery said:- “I’ll get you, Cole!” Leavv then showed :him out of the front door. Carmody and. Gall left then came in. Shortly after,, there was a bang at the front door. Leavv went to the door. It appeared , p though ho was trying to push someone out. Suddenly he said. “He’s got a knife at me. Da-ve!” He walked back into the room.- He lei! on a bed, saying, “1 am done!” These were the last words he spoke. Wiuie«s said to her friend: “Let ns g’»<b home.’'’ They left a few minutes later. Witness said, in reply to Mr DickR'Ui. that Cole left the room, in front of Leavv, when the latter went to answer the front door. The case was adjourned until tomorrow. The jury was taken to' the' City Hotel for the night under the escort of two constables.