CHARGE OF MURDER.

Manawatu Herald, Volume XLIX, Issue 3842, 8 September 1928, Page 2

CHARGE OF MURDER.

KYEBURN DIGGING TRAGEDY. HAjRtDIE BEFORE THE COURT. Dunedin, Sept. C. When the Magistrate’s Court resumed at Naseby last evening for the hearing of the charge against William John Hardie, aged 25, of murdering Joe Leung Shum at the Kyeburn Diggings on July 17, before Mr H. J. Dixon, S.M., James Henry Forward, licensee of the hotel at Kyeburn, stated that Shum was the only Chinese working in the district. Michael Kitchen, labourer, stated that he had camped with the accused from May sth to May 22nd. Accused had stated that he was in partnership with Jimmy Cain, goldmining. On July 14th witness saw Hardie, who asked where Shum lived, and witness directed him. He next saw accused on July 17th on the road from Naseby to Mount Buster, proceeding towards the latter. Witness left Naseby, and when halfway down saw a pedestrian whom he did not pass. This pedestrian would be about 2| miles from Slum’s hut.

Walter George, claim holder, slated that he had treated sand for gold for Hardie on July 16th. He gave Hardie G dwt. of gold from the sand treated. Accused then said that he had been at Mount Buster since Sunday prospecting. Hardie asked him where the “chow’ ’lived.

The hearing was resumed this morning, when Kathleen Louisa Fox, wife of Constable Fox, said .that accused called on July 17th, asking for the constable. He seemed to have a cold, as he was hoarse. She referred him to the courthouse.

Constable Fox related the finding of the. body of Shum. His hut was not ransacked. A drawer containing papers and letters was open, but a sum of money in the receptacle was untouched. Witness had known accused who was on probation for four months. On July 17th he was expecting Hardie to report, and on leaving the courthouse saw Hardie, who handed his paper to witness, saying: “I want you to transfer me to Dunedin. I am not feeling too well, so I’ll go down and stop at my aunt’s place.” Witness replied that it would be better to stop in the country, but Hardie said that he was not making headway, and in Dunedin his aunt could find him a job. Hardie seemed to be' in ill-health, but he persisted that he would travel. He was pale and trembling 1 all over. Witness felt his hand and head, which were very hot. The pulse was very rapid. Accused said that he was going to ride to his hut that night to collect his belongings, as he was catching the Dunedin train in the morning. He said that he had been “crook” since returning from a visit to Dunedin, and had not been out of his 'hut since the previous Sunday. Accused was advised to lie up for a few days, and witness could give him work. When witness was leaving next morning with the doctor for Kyeburn Diggings he saw Hardie riding into Naseby. Accused said that he had changed his mind about the transfer to Dunedin, but would stay there until he was well, them returning to finish his fencing job for Allan Cain. Allan Cain, sheep farmer, stated that Hardie occupied a hut-on his property from May 13th to July 18th. At the end of June accused asked Cain if he could sell gold for him, as it was not convenient to go into Naseby, and witness agreed. Accused said that he got the gold “out there,” not specifying the place. At 6.20 p.m. on July 19th accused met witness at his shed door. He said that he had a touch of “flu,” and was going to Dunedin next day, and asked for a lift into Ranfurly next morning. Witness' gave him dinner, after which accused took three photographs from his pocket, one being of the exhibition. Accused then showed him some loose gold and a lump wrapped in paper and in a tobacco tin. Witness remarked that it was a nice piece. In reply to a question as to how long it took to get the gold, Hardie said it too five weeks’ hard slogging. Witness lent Hardie a pony, 5s for brandy and an oilskin coat. Hardie left ab 7.45 p.m. Next morning he returned with his swag, and witness motored him to Ranfurly. At the Bank of New South Wales witness said: “Now, Bill, give me the gold; I will dispose of it for you.” Hardie handed the gold over to him. Evidence of gold transactions with Jo Shum was given by Richard Frailer, manager of the Bank of New Zealand at Ranfurly, who said that his bank had bought gold from Shum for fourteen years. James John Cain, a miner in Spec Valley, said that he had a claim at Deep Creek, between Naseby and Mount Buster. About 28th April, Hardie called soliciting work on the claim. Witness'Told Hardie that- he could stay on his property for a week at 14s a day race cutting, and when the claim was opened up Hardie, if he wished, could join him in mining. Hardie stayed for the first week at the house and then shifted to Allan Cain’s hut. On witness’s return Hardie said, “They tell me that gold is not here for two, I want wages.” The accused stayed for four weeks on wages, and then said that he had entered into a contract with Allan Cain. Hardie was not at any time a partner in bis claim, nor had he any interest. He had no right to receive any gold from the claim. After leaving his employ, Hardie in a slucing box about a quarter was engaged in fencing and putting of a mile from witness’s claim. He had handed to Detentive Farquhar-

son samples of the gold and blowings from his claim. Expert evidence as to the gold sold to the bank and that obtained from Shum’s claim was given. At this stage the Crown Prosecutor said he had two more witnesses —Detective Farquharson and Constable Potts —but much of their evidence depended upon exhibits that were now in Dunedin. The court decided to adjourn till 21st September, and accused was remanded to appear at Dunedin on that date. Frank Butler Bell, manager of the Bank of New South Wiales at Ranfurly, gave evidence which substantiated the statement made by a previous witness, Allan Cain, in respect to the sale of accused’s gold.