SUPREME COURT, HOKITIKA.

Kumara Times, Issue 2353, 13 March 1884, Page 2

SUPREME COURT, HOKITIKA.

CRIMINAL JURISDICTION. Tuesday, March 11. [Before his Honor Mr Justice Williams.] MURDER. John Donohue was indicted for the murder of James Gifford. After the jury empanelled to try the question of the prisoner's sanity had returned to Court -with a verdict that the prisoner was sufficienty sane to take his trial, the charge of murder was proceeded with. The names of the jurymen were given yesterday. -- Mr A. R. Guinness appeared for the accused. The Crown Prosecutor (Mr W. Purkiss) called the following witnesses:— John E. Smyth, sworn said—l am a surveyor on the General Governmeut staff; I made a survey of Danganville (a plan was here produced of the township, including the prisoner's hut); from the scene of the murder it is 5£ miles. Cross-examined by Mr Guinness; I have not surveyed Maori Gully track; the track I did not survey would be the shortest way from Dunganville to prisoner's hut. James Alexander Thomsou, who was sworn as a Scotch Covenanter by holding up his right hand, said—l am a miner, residing at Dunganville. I recollect Sunday, the 6th January. I left my hut about 9.30 or 10 o'clock on the morning of that day. I was going to Poyntin's, and on the road near the water-table I saw a body. About five feet from the body I saw a hat. The hat now produced and shewn to me with a blue lining is like the one I saw on the road. The one with the red lining is not the one I saw. I did not recognise the body when I first saw it. I went on to Poyntin's and Joseph White returned with me to the place where the body was lying. We recognised the body as that of James Gifford, whom I had known for some time as a miner. I sent a boy named James M'Giutry, who was coming along the road on horseback, to bring a constable. Two constables returned with him. An umbrella was picked up from beneath the legs of the body. A match box, a sheath knife, and a hat which I had seen Gifford wearing were also picked up near the body. The sheath knife was lying about four feet from the body. It is in the same condition as when picked up, with the exception that it had more blood on it. I know the accused, and have seen him several times. Constable Nash took possession of the match-box, sheath kuife, umbrella, and the two hats found near the body. Cross-examined by Mr Guinness: The body was not found on German Gully track ; I never heard Gifford say anything of the accused. The evidence of Drs. Morice and Acheson was then taken. As this was given in full in our report of the magisterial inquiry at Greymouth on the 14th Janvary, it is unnecessary to repeat it here. It describes minutely the number, nature, and position of the wounds on the body of the deceased. Joseph William Poyntio, sworn, said, I am a miner. I remember the sth of of January last; I slept at my hut that night. My hut is situated beside the Dunganville track. Between 11 and 12 o'clock I heard some cries; they were coming from the direction of Pearn's pit. A few minutes afterwards I heard a man hurrying past; he came from the direction I heard the cries; he passed my hut; he went in the direction of accused's hut; he was breathing very rapidly as if after some violent exertion. I did not get out of Iwu. The person was naming ;md then walking. 1 had been in Duugan-

ville that night; I saw the accused; I was talking to him; I noticed that he was well dressed. I complimented him on his improved appearance. I noticed his hat well, he was sitting and I was standing when I noticed his hat. It was a dark hat turned up all round. The tassels were removed. (Hat produced.) That is the hat; I am certain it is the hat. Why I am certain is because I saw it next morning beside the murdered man. The accused wore his hat in the same fashion as the one produced. Next morning I accompanied Mr Thomson to the place where the man was murdered, and immediately recognised the body to be that of James Gifford. I also saw the hat produced a few feet from the body. I also saw an umbrella beneath James Giffaid's legs. But the umbrella was not Gifford's. The voice I heard the night previous would correspond with the place where the murder was committed. (Umbrella produced.) That is the umbrella. I then covered the body with a white sheet. Constable Nash, then came; he pulled Gilford's hat from underneath him, (Hat produced.) That is the hat. I also saw him pick up a knife, a few feet away, covered with blood. He picked up a part of a necktie, which corresponded with the other part around Gilford's neck. Sergeant O'Grady picked up a swiss cigar, and also a match-box. I have known both accused and deceased. I never heard them speak to each other. I do uot know anyone else who wears a hat in the same fashion as accused. There were no scratches or bruises on his face the evening before the murder. Cross-examined by Mr Guinness : I looked at all the hats at the sports, but I particularly took notice of accused's; there was no reason why I took particular notice of his hat. Since I gave my evidence at the R.M. Court, Greymouth, I have been convinced that it is the hat. Re-examined by Mr Purkiss : I have no doubt but that is accused's hat. To Mr Guinness:—l recollect my father and prisoner having a fight ; I do not remember who came off best. The Court adjourned at a quarterpast six till ten o'clock on Wednesday, March 12. His Honor took his seat on the Bench at 10 a.m. John Morton, was called, and, being sworn, said—l am a miner, residing at New River Terrace. I know where George Williams lives on the Dnnganville track. I know where the body of Gifford was found. On the sth January, I was at Williams' house and heard screeches on the track, between 11 and 12 o'clock at night, which came from the direction where the body was found. Dublin Jack was at Williams' house at the time. I got a candle and went over to the creek to see if there was anybody in it. That is near where the body was found. Jackson, Williams, and I went to the creek. We talked as we went along. We reached the road, and searched the creek, expecting to find a murdered man. We were within five or six feet from where the body lay ; it was slightly off the road. I heard three screams first, and two or three afterwards. Williams' hut is 140 yards from where the body was found. I recollect going to Kumara on Boxing Day, in John M'Fee's coach ; prisoner was in the coach. I got some paint on my hat from the roof of the coach ; it was green paint. The hat produced is the one worn by me on Boxing-day. I saw accused with his hat in his hand, and he said there was paint on it. It was a black felt hat, with rim turned up, and bent in on the top. The hat produced is like the one prisoner wore on Boxing-day. There is a similar mark on this hat to that on mine. I saw accused in Dunganville on the sth between 6 and 7 p.m., and was in his company. He had no bruises on his face then, but had his hat on. The hat was like the one produced. James Annet, sworn, said—l am a miner residing at New River Terrace. I live 13 yards from Dunganville track. I recollect the 5 th January. I was in my hut between 11 and 12 p.m., and heard five or six screeches or yells. It would be about half past 11, I had a watch and a clock. I looked at my watch at 20 minutes past 11, and went to bed. I heard the yells immediately afterwards. The yells came from tha direction where the body of James Gifford was found next morning. A few minutes after I heard footsteps pass my house coming from Dunganville. The steps I heard were going in the direction of prisoner's hut. I saw prisoner on the sth : he was dressed in dark clothes and wore a black hat. I reeollect where prisoner was arrested on Sunday morning. I looked at the hat he wore. 1 do not think it was the hat prisoner worn the day bofom ; it looked older. Robert Lynch, fnvni-», gave similar itistiwgny to piovi uui witucsjjes, and

said—The hat produced I believe to the best of my belief to be the hat the prisoner wore in Dunganville on the sth January. I played a quoit match with the prisoner on that day. I saw accused when he was arrested. The hat he wore then was not the same as that he wore the day before. The one he was arrested in was an older one. The hat produced was like the one he wore when arrested. By Mr Guinness—l am certain in my own mind the hat produced is the one prisoner wore. By the Crown—l know no other person in the district who wore his hat like the prisoner. The two hats are the same size. John Jackson, sworn, said—l am a miner residing at New River Terrace. I recollect the sth January. I was in Williams' hub on that evening, and heard screams coming from the New River Terrace road. There were three loud screams. Morton and I took a candle and went on to the track to see where the screams came from. It was between 11 o'clock and half-past 11 when I heard the screams. We went out immediately after we heard the screams. By Mr Guinness —It was a dark night. I do not think it rained. I did not hear anyone going along the track. Thomas M'Grath sworn, said—l am a miner at New River Terrace diggings. I know the prisoner. I recollect dining with him at his hut three or four months before Christmas. ■ I saw a sheath knife on the table. It was similar to that now shewn to me, but I ' cannot swear to it. I saw prisoner on the sth January last in Convrey's ■ smithy at Dunganville. I saw an umbrella there. I do not know who owned the umbrella, but I supposed it to be Donohue's. I saw prisoner in the street afterwards, who said " The smithy is shut, and I will have to get an umbrella." He moved towards the smithy. Convrey said to prisoner "You can get that any time. I will not lock the shop." Afterwards I saw prisoner, who gave me a couple of cigars. This was between 6 and 7 o'clock. The prisoner had on dark clothes and a black felt hat. The general way in which he wore his hat was turned up all round. The hat he had on when he was arrested, appeared to have been more worn than the one he wore on the previous day in Dunganville. The hat now produced is like the one he had on when he was arrested. I live near the track from Dunganville to New River Terrace. On the sth of January I went to bed about 11.30 p.m. I heard footsteps going up the road towards the Terrace. My house is about two chains from the track—between Poyntin's and Lynch's. Tbe footsteps seemed to be smart walking ones. I took no notice of them. The last time I saw prisoner on that evening, there were no wounds on his face, nor did he have a black eye. By Mr Guinness: I did not say positively I saw a sheatb knife in prisoner's hut. Prisoner wore his hat turned up, which I think remarkable. Robert Hunter, sworn—l am a miner, mining on the new River Terrace lead. I know prisoner, and live about 80 feet from his place. A man named Thomas Collins has a hut between our places. I recollect the sth January last; I was not at Dunganville sports on that day. I went to bed about 7 o'clock. I awoke between 11 p.m. and one o'clock a.m. of the 6th January. I heard a noise like breaking firewood. I did not look at my clock. I did not hear any footsteps, I saw prisoner at his own hut about 7.30 on the follow- ] ing morning- He was in bed, with his 1 clothes on, with the exception of his coat. I told him that four tneu had ' been taken down by two troopers about a mining case. I did not notice anything particular in the prisoner's manner. I saw him afterwards, and told him about a man having been killed. He merely said " Aye." He asked no questions as to where it happened, or who the man was. I considered he took it rather coolly. Wo had no further conversation. He told me that he could not go to chapel that morning, as he had a black eye. I noticed no other marks on his face. I asked him how ho got the black eye, and he told mo, that he had fallen over a " pungy." Constable Nash, Mr Raid and one or two others came to prisoner's hut. Constable Nash or Mr Reid produced an umbrella and asked him if it was his. Ho replied it looks very like mine, but I think the notches are deeper. He afterwards s.'.id " I think I shall get into trouble over "his." Cross-examined by Mr Guinness— When I told the prisoner that a man had bc:?.n killr: 1 . or. P.---r,t : V, l ic! ]■. merely said "Aye;" unci mae'e "o father remark. I ha\'o 1.1.,.. x \p nvis q-i ■;:■ for some time. l{ t; was n y■.[.:, i--,i generally. T kaew r ' ■ %'■> } " '._.i,i.

say the prisoner and Gifford were friendly. I never saw them speaking together. William Reicl, sworn, said—l am a miner; I know Poyutin's track; I live near that track; I recollect the day the sports were held at Dunganville ; I slept at my hut that night; I went to bed about half-past eleven; about teu minutes before I went to bed, I heard the dog bark; I heard some quick steps going past; my hut is about a chain from the track; the person was going towards accused's hut; I knew deceased; he had an umbrella with, a cross-handle ; and covered with blue Italian cloth (umbrella produced); that is not Gifford's umbrella ; I recollect the body of deceased being found on the 6:h January ; I saw accused that day at his hut; Constable Nash was with me; prisoner had a black eye; he said he got it by falling over a pungy coming home the night before ; accused showed me where he fell; it was a little off his track ; (witness here described the place); I did not see any footsteps or pungy; no one could walk over it without leaving their footsteps ;' the umbrella Constable Nash had is like the one produced ; Constable Nash asked him if it was his umbrella, he said it was verv much like his; this conversation took place outside; we then went inside; I saw a hat with accused ; (hat produced) ; that is is the hat; the place where accused fell, he would not be on the proper track ; accused's hut was about a chain away. I noticed how prisoner was dressed; he had no boots on ; they were beside his bed ; I examined them ; they appeared to be damp; prisoner said he had been up at his dam that morning; Constable Nash asked him to come and show him the dam ; they went; I did not go. To the Court: It would be about half-past ten when I saw the accused's clothes; they were his best clothes. Peter Nelson, sworn, said—l am a miner; I recollect the 6th January; I remember a body being found on that morning; I proceeded to the spot; I found a match-box; it was about 14 or 15 feet away ; (match-box produced); that is the box I picked up; I retaiued possession of the box ; I took it home; I did not notice anything on the box till my attention was drawn to it by a man who came in. There was a stain of blood on it; the man took it and gave it to the police. Cross-examined by Mr Guinness : The box is in the same condition as when I picked it up. William Tuckey, sworn, said—l am a miuer : I know the accused; I live almost next door to him ; ptisonev came into my but on Christmas rooming; he took tbe looking-glass, and, looking at himself, began tin ning up his hat all round; it was a black hat; he wore his hat in a peculiar manner ; I said to him he looked well; he said yes he had a new suit and a new hat, (hat produced) that is like the hat; I saw him the day be was arested; he did not have the same hat on ; it was a much older one : I was present when he was arrested. Ctoss-examined : There is do mark that I can tell by on either of the hats : the only way I can tell one was much older than the other. Dr. Morice, recalled, said—When an artery is severed there is a regular flow of blood, but not so much as if a vein was severed; when I saw the body there was blood ou the neck of the shirt. To the Court: I saw tbe body -with the clothes on ; I consider the murder might have been committed without the mnrderer having blood on his clothes; but I should expect to see some blood. »-♦♦ [By Telegraph.] [from our own correspondent.] Hokitika, March 13, 2.45 p.m. The evidence for the prosecution having closed, the Crown Prosecutor tuidres.sed the jury for one hour and forty minutes. The Court adjourned at 1.45 till 2.30 p.m., when Mr Guinness (who stated that he would call no witnesses) will address the jury for the defence. That with the Judge's charge will likely occupy the Court till °5 o'clock. The evidence against the accused dilters very littlo from that given on the former trial with the exception : that Dr. Hector s< a ted that on microj scopical examination the hairs louud j grasped m the deceased's fingers re:«.'Ui'.,U:d the sample cut from the pri- ! scner's hair and board and submitted | co I'm ui. j I; is thought by many chat the jury | ~ 3.30 p.m. ! Jit uuiiiue.-y i.:>;»r:u'nc':d hiu -.iddvess j to iha j.;, v at 2.30 p.m., and has not ! ,'U <m ,'.;ia.\.J,