THE ASSASSINATION OF JAMES GIFFORD.

Kumara Times, Issue 2305, 17 January 1884, Page 2

THE ASSASSINATION OF JAMES GIFFORD.

The evidence given at the Resident Magistrate's Court, Greyrnoutb, in the charge against John Donohue of murdering James Gifford was much more conclusive, on the second clay of the examination of witnesses, so far as circumstantial evidence can be, as to the guilt of the accused than on the previous day. From the Argus is subjoined in full the evidence of Peter Todd, Constable Nash, and Sergeaut O'Grady. Peter Douglas Tcdd, draper at Kurnara, said he sold an alpaca umbrella to accnsed. The handle was a knob, carved; price, 8s 6d. As to the umbrella produced, witness sold a similar umbrella to accused. In the lot they got from Glasgow there were not fewer than three similar umbrellas amongst them. Cross-examined by Mr Guinness—Did not know accused when he went into the shop. It was only through the papers on seeing his name connected with an alleged murder that witness knew his name was Donohue. Never saw accused before he bought the umbrella. John Nash, police constable, deposed to finding the body of a dead man on New River Flat, about four feet from the water. Saw several stabs abont the neck and chest, also the left arm. Where the body was he found first a hat, which was between the body and the scrub. Near the hat he found e piece of a necktie (produced) ; the remaining portion of the necktie he found on the body of deceased. Upon further search under a tree, and 3ft, or 4ft. from the body, he found a sheathknife covered with blood. Also found an umbrella; it was under the legs of deceased, with one end touching the water-table. He farther picked up a hat on the side of the track, in a slight hollow, sloping towards the water-table, and about 4ft. from the body. Upon searching the body lie found a silverlever watch and a long gold chaiu, a pocket book, containing £l7 14s in cash; also a deposit receipt from the Union Bank, Hokitika, for £lO2 10a, and a large gold finger ring. After removal of the to Dunganville he went along the New River Terrace to Liverpool. William Reid stays there. He first went into Hunter's hut, and inquired for Donohue. Next witness went to accused's hut. Accused was lying on the bed reading a Prayer Book, with only trousers, shirt, and socks on. He noticed a black eye on accused, together with a lot of scratches about the eye, as well as one scratch on the right side of the noae. Accused came off the bunk and sat near the fire. He sat near him and observed him closely. He noticed his hands trembling and occasionally twitching. This was between 11 and 12 o'clock in the morning. Asked accused if he had heard what happened. He replied that he knew what had happened, and had heard them talking about it outside, or used words to that effect. Accused said he left the township last night about half-past 10 o'clock. Asked him how that could be when he was seen there aiter 11 o'clock. He said he did, not know. Upon asking him if he met Gifford, he said he met him on the track. Asked accused if he had an umbrella when leaving Dunganville, when he replird he had. Upon a ■•king him where it was, he said that he hud

left it on the side of the track at Allison's Flat, near some timber, while he went back towards Dunganville to set a bottle and candle, which was standing in some scrub near the track. Upon returning lie found the umbrella gone. He said he lit the candle and searched about for twenty minutes, but could not find the umbrella, whereupon he went home. He then showed accused the umbrella and told him that it was found near the inurdored man, and would cause suspicion to fall upon him. Witness 3<>arched accused's hut to see if he could find any further traces. He said search away, and remarked further that he had given straightforward answers. Upon asking what knives he had, he pointed to an old table knife on the table saying "That's all." Upon asking him if he had a sheath-knife he said no, nor had he any except an old sheath-knife, which was of no use and broken. Asked him to show the old knife. He replied he lost it, but could not say when. He searched for it outside the hut, bat could not find it. Witness searched the hut and saw a pair of new elastu>side boots. Examined them and saw thoy were very wet with a lot of fresh mud on them. The leather had a whitish appearance, as if it had been washed. Upon asking how the boots came to be so wet, he said they got wet when he came home the night before. Asked him how the mud came there, when be replied he had been out that morning getting some dirty stuff to light the fire, and went as far as the dam. In the afternoon accused showed him footmarks where he had been in the garden. Upon further search witness found a hat, and asked accused if he had worn it the day before. He said "Yes." Upon asking him if he had no newer hat, he said that was the only one he had, and that he bought it seven or eight months ago in Duogartville. Examined accused's clothes fqr si<ms of blood. They were very dirty in appearance, but be observed no bloodstains, though there were some stains to be seen on his shirt and on his coat. One stain on the front of the shirt seemed like congealed blood with hair sticking to it. On examining the hat he told accused the hat was similar to that found near the murdered man. He then said that reminded him of coming home last night and meeting a mail near the bridge coming towards him who appeared not to have a hat on. Witness asked accused if he could .describe the man, but he said he could not as he turned away his face as if he did not want to be recognised. Asked him which track the man came. Accused said he could not tell for certain, but that the man seemed to turn away towards Poynter's. Witness asked accused how he had the black eye, when he eaid he fell last night near his hut on a punga. Witness next left the hot and went towards Hunter's when he found a number of men between Hunter's and accused's hut, who were talking about the matter. Accused came there, and he said in the presence of all that the umbrella was like lire, and that it would very likely get him into trouble. He also said at the time, "I hope, gentlemen, that you don't think I did it," or words to th.at effect. Accused pointed out the place where he left the track. It was a soft muddy surface. Witness examined carefully for foot marks, but could see none. About 20ft further along the track saw a track going in the direction of accused's hut and noticed a fresh foot mark. Pointed it out to accused and asked him was it not there he had been, when he said No. Witness then asked accused to show him where he fell and got the black eye, when he pointed to a place and said somewhere about there. Asked him where was the punga he fell on, hut he could not show any. Examined the place and perceived no footmarks nor any punga. This was in a line between his hut and where he left the track. William ReiM was present during the whole of the conversation. I then went with accused back to his hut, William Re.id coming in about the same time. Some conversation took place between us about the umbrella and the hat. Witness then asked accused to show him the dam where he got the mud on his boots, when they went along the track to the place, but no footmarks were to be seen there. While searching the hut accused pointed out a bottle which he said he had gone back for during' the previous night, (bottle produce;!). There was also another bottle (produced Ex. N.) in the same place. Witness theu left and returned at about 4 o'clock p.m., when he arrested accused, cautioning him in the usual way. When witness lifted up the bottle (Ex. N.) lie found it covered with dust both inside and out, with small pieces uf dried fe'ui on the candle, and which h id quit.- a inoul.lv appearance and s-jme cobwebs inside. Accusal then call it might be

the other bottle. Witness examined that one also and found it even more dusty than the first one. Upon coming to the township of Dunganville accused pointed out to witness the place where he left his umbrella. It was afterwards pointed out to mo by Mr Smythe, the surveyor. (Plan produced and' examined.) Examination continued : Accused could not account for the disappearance ot' the umbrella except someone took it and pub it there. Saw accused's fiCf, examined it in the lock-np on the 9th inst. On one spot of the chin the whiskers seemed to be thinner than the rest. There was also a slightly inflamed mark on the chin, as if it had been scratched. (Exhibits were gone through by witness to see if ■ complete) and witness swore they had been in his possession since the 6th instant. (Xo questions by defendant's counsel.) Sergeant Thomas O'Grady, stationed at Greymouth, saw accused at the Dunganville lock-up at 11 p.m. on the Gtli | instaut. Was dressed in blue coat, j dark tweed trousers aud vest, cotton ! shirt of mixed pattern and elastic side | boots. Left front of coat was damp, darker color than remainder, as if recently wet. Observed the same on the outer part of the left sleeve of coat. Directed him to take off his clothes. Minutely examined same and found both sides of the coat were damp. The stains in his opinion were blood. Those : in that part of the sleeve not washed \ appeared to be more distinct. Also | noticed two spo'.s on the right skirt of the coat. Examined trousers and found that part from the knee* to the waist appeared to have been recently washed. On the left leg, below the knee on the inner side, appeared what he considered to be a long blotch of human blood. On the right front of the waistcoit there was also a small blotch of what he thought was blood. On the right front of the waistcoat there was also a small patch of blood, with one long hair and several short ones adhering to it. The surface of the boots had adhering to them some reddish clay. The tops of the boots were damp and of slimy appearance, as if they had been rubbed with something slimy. The soles of both boots towaids the heels appeared to have marks of blood. The front of the shirt also bore traces of several stains of what appeared to be blood, and had been washed or nibbed. Examined person and observed left eye discolored with several scratches immediately underneath it, as if recently done. The back of the right hand showed several scratches, and on the inner side of the left ear there was a small drop of blood. The nostrils were sore, and looked as if they had been scratched recently. There was a bruise on the inner side of the right shoulder. The chin bore traces of a recent tear, showing an inflamed spot as if it had been torn, with a small patch of hair missing. Accused said in reply to my remark that it was always there. Examined accused's finger-nails, and took from them some matter which witness thought contained blood. While doing this accused demurred, aud asked what he meant. Witness had in his possession three hairs taken from the lingers of deceased. They are dark or black. On the 9th witness found a piece of Swiss cigar (produced), about 3ft. Gin. from where deceased lay. Also found two pieces of a tin matchbox (produced). Cross-examined bv Mr Guinness—Took no property out of accused's clothes examined, nor a memorandum out of any pocket. This closed the case for the prosecution, and accused was committed for trial.