MURDER TRIAL

Hokitika Guardian, 6 November 1929, Page 3

MURDER TRIAL

AT AUCKLAND

Ify telegraph—Per Press Association.)

AUCKLAND, Nov. 5

At the Caffery murder trial to-dav, Mrs Margaret Langton described a visit paid to her house by Gallery on the night of the murder. Caffery said that he wanted to see Cole, l adding that he “would kill the -— — to-night.” She informed him , that Cole was not then living at the house, but had moved to 119, Nelson St. James Langton, husband of the previous witness, gave corroborative evidence.

' Delia Alary O’Connor, sister-in-law of Caffery, said that she visited his house in Wellington St. on the night, of the murder, and found Caffery there with two other men, O’Bullion and Bvrne. Caffery had a mark under one eye, which lie stated was givon to him by a “wild Irishman,” meaning Byrne. Detectives came to the house shortly afterwards, and took Caffery and' Ins wife to the police station. Byrne said: “They will come hack for me. I am in this 1’ 5

An inspection of. the scene of the tragedy was made by the jury. On the resumption, Frederick William A'rmitage, Bacteriologist at the Auckland Hospital, was called. He testified to finding marks of human blood on a pair of black boots, a pair of grey socks and a- sheath knife, produced.

Replying to Mr Dickson, witness said he also examined a pair of tan boots and blue serge trousers, submitted to him by counsel. Asked whether blood could have been sprayed on the articles artificially, witness said this would be practically impossible in the case of the trousers. “I propose- to show that the trousers and the tan boots belong to Byrne,” said Air Dickson. “We admit that the black boots are the property of Caffery.”

Detective Knight described his inspection of 119, Nelson St., and the apprehension of Caffery at his house. Witness said O’Bullion and Caffery had had liquor, but were not drunk. Byrne was lying on a sofa, and appeared to be in a state of helpless drunkenness. There were bloodstains

oil’ Caffery’s boots and socks, but . the clothing worn by Byrne showed no marks, Caffery was removed to the, police station, and Byrne was taken in charge later, being held on a charge orvagrancy. Witness said lie'found tan boots on the evening of 'the tragedy in a wash-house at the rear of Caffery’s house. The soles were dry, and there was blue mould round the lower portion. The path from the road to the door of lid, Nelson Street, was wet and muddy, on the night of the tragedy. Replying to Mr- Dickson, witness said he made no mention of the tan boots in the Lower Court, as no reference had been made to them.

“Did you know that Caffery alleged, on the very night of the tragedy that Byrne was the culprit?” asked Air Dickson.-. Vutness replied that lie did.

Air Dickson called Caffery from the docK, to show that the blue trousers did not fit him. W itness said that lie had not found the trousers on the night of the- tragedy. A pair of blue denim trousers had been discovered in Caffery’s house., but these had been removed.

Replying further, witness said he had been surprised to find a. sheath knife on the mantlepiece of the front room of 119, Nelson St., 0 n the morning after the tragedy. About six detectives had searched the house for the weapon on the evening of the tragedy. There was a sufficient quantity of blood on the floor to cover a knife.

Questioned further regarding the tiui boots, witness said he could not swear that they had not been market} with blood.

Witness was unable to say whether he had assisted Byrne into the police car when he was taken to the police station. <.

“Do you think lie was in a condition to know what he was doing at 7 o’clock?” asked Air Dickson. Witness replied: “No.” Detective Xnedden said that when Cutlery was taken to the police station, he said: “It is a murder charge this time.” In a written statement read by witness, Caffery said be went to 119, Nelson St. in company with Byrne to see Cole. He had a scuffle with a man who came to the door and latter suddenly exclaimed that he was bleeding. He had nothing in bis hands at the time, and he did not see Byrne with any weapon.

At this stage, the case was ,adjourned until to-morrow, His Honour remarking that ho would arrange to visit the scene of the tragedy.