THE PUKEKAWA TRAGEDY.

Manawatu Herald, Volume XLII, Issue 2193, 23 October 1920, Page 4

THE PUKEKAWA TRAGEDY.

THORN COMMITTED FOR TRIAL

Auckland, Oct. 20,

The hearing- of the preliminary trial of Samuel John Thorn, aged 34, charged with the murder of Sidney Seymour Eyre, at Pukekawa, on August 24th, was resumed this morning, before Mr Poymon, S.M., with whom Mr R. F. Webster sat its district coroner for Pukekohe, to return a-coronial finding on Ihe evidence as to the cause of death.

Mr R. IVHunt (instructed by (he Crown Prosecutor) conducted the prosecution, and Mr Singer (with him Air W. J. Gatenby) appeared for the accused, William Theodore Eyre, nephew of the deceased, stated that on Friday, August 27th, lie assisted to clean up deceased's bedroom, and found a gun wad under a chest of drawers. This he put in a basin of water, which was subsequently thrown into an open drain beside Che house. Last Saturday, on noticing in the paper that evidence was given of a missing cartridge wad, he mentioned, (he matter to Detective Sergeant Cummings, who accompanied him to Pukekawa yesterday, where, in the presence of live people, he made search of the drain and found the wad, which he

produced. Detective Sergeant Cummings detailed at length the result of his investigations into the murder. On August 251 h, witness, Sergeant Cowan and Constable Thompson made general inquiries at Granville’s, and they visited Thorn’s camp at Granville’s. In the evening they found a light in the whare, and accused in lied, fully dressed, except for his coat, hat and bools.. Ho was apparently asleep, but a candle was burning by bis bedside, and a book was beside it. Alien roused, he sal! up and said "Good evening, Mi; Cowan, : " to the sergeant. Witness told accused of the tragedy, and' asked him if he was on good terms with the family. Accused replied; “Sid and 1 had our dilferencos, but I got on all right with the rest.” When asked why he left Eyre’s, he said he had been given notice, as Phil had loft school and could work op the farm. In reply to further questions, accused said lie had never written to Airs Pyre in his life, nor had she to him, and when asked what letters he had in the camp ho inviled witness to look. Witness discussed Ihe murder with accused, who remarked that it must have been done by someone who know thu run of the place. When the motive of robbery was suggested, 'accused said lie didn’t think that could be so. He said he had assisted Air Eyre to put his lied in position. In reply to a suggest ion that he and Mrs Eyre had been intimate, be said: “Have we/ Who told you/’] Witness said: “Where were you last night?" and be replied: “I’m going to say 1 was not out.” Witness said the question was whether or not he was in or out that night, and accused said; “Did anyone see me out?” Witness mentioned an mu conJirmed report that the accused was out, a report that had not since been continued, and accused asked: “Were they talking to me?” Accused said that Granville had left him at 5 p.m., and that there was no one to back ids word that he was not out. They went across to Granville’s house, where accused made a statement and was (old lie would probably'be wanted as a witness at the inquest. After Ids statement; was made, witness pointed out lhai his movements on Monday night, hut not on Tuesday night, were in question, Again he replied: “Lain going to say 1 was not out.” Asked by witness what lie would put in bis statement about if, be remarked; “Please yourself, i say I was hot out.” Next morning, witness sai.f he and Constable Thompson returned to accused’s camp, where Jive working horses were examined, lour were shod all round, and one (Major) had only the hind shoes on. The shoes were taken oif the horse Micky by Constable Thompson. When witness put a rule on the shoes and remarked to Thorn that these shoes corresponded with tracks on the road near Pyre’s place the hitler went while, hut made no reply. Witness asked ■ Thorn if any one could have got Alicky off the farm, and he replied.that he did not think so, as it was a hard place to get off unless one knew it. Continuing his evidence in the afternoon, Detective Sergeant Cummings sttited that on Friday, August- 27th he tried two front shoes taken off the horse Alicky in two prints on the road near Eyre’s that had been covered with a board. He found that the shoes —both the off

(j and near —corresponded exactly with Iho hoof-marks. Witness sl at - ed that on Saturday lie saw Thorn again, and- told him he had had statements from Mrs Eyre and Phil Eyre. He asked: “What does Mrs “ Eyre say about me, and what does Phil say?’’ He was shown the _ statements. Mr Singer at this stage intimated that he contested the admissibility of parts of those statements, and I objected to publication of them nnI til the question of admissibility has been decided by the Judge. The ati litude that accused took up, stated counsel, was that he was not going I to blacken Mrs Eyre's character by i any reference to her. j His Worship agreed that the statements should be put in without i being read, and noted with counsel’^

objection. Witness said he read Mrs Eyre's statement to Thorn, who (hen made a statement.

Mr Singer objected to one part of the statement being allowed in, but his Worship ruled that as the whole

of the statement was in accused’s hand-writing it must all he put in. After further police evidence, Ala Poynlon left the Bench and the coronial inquiry was resumed. Mr Hunt then said I hat for the purpose of the inquiry he proposed to call Samuel John Thorn.

Mr Stringer: This is most unusual. I think in the circumstances it: it is hardly fitting that the Crown should ask Thorn to go into the box. If he is compelled to -do so, lie will decline to answer any questions, I think it is almost without' precedent that at the conclusion of Court proceedings on a charge of murder accused should lie tendered as a witness for Hie Crown in a coronial inquiry. After further discussion, in which Air Singer contended that the proceeding was most improper, Thorn entered the box. He declined to answer questions. The Coroner then brought in a verdict that the death of Eyre was caused by gunshot while asleep in ids bed, the gun being lived by someone outside the house who was laminar with (he premises.

Mr Poynton then resumed his seal on the Bench, and accused, who pleaded not guilty, was committed for trial.