STARK TRAGEDY OF LONELY GOLDFIELDS SHACK

NZ Truth, Issue 1189, 13 September 1928, Page 8

STARK TRAGEDY OF LONELY GOLDFIELDS SHACK

Crown Case Against Laborer Charged With Mwderir^

SHO LEUNG SHUM'S USTimMlr^

•THE tragic circumstances surroundJL ing the death of Sho Leung Shum have been fully recounted In previous issues of "N.Z. Truth" — Buch information as tres available Immediately after the dreadful occurrence, coming from the wrinkled lips of Sue Pee, a Chinese, sixty-eight years of age, who was employed by the murdered man and occupied the same hut since May last. In the witness-box for two hours and forty minutes, Sue Pee was the chief witness for the Crown, Sue It was, who* shortly after daybreak following the shooting-rand after a night of dread m the tussocks beside the rough .trader-brought- the shocking news to the nearest link with civilisation, the little settlement of Kyeburn, some four miles from 'the scene of the tragedy. ■ The greater part of the evidence by other Crown witnesses was devoted' to information regarding the movements of accused on the day of — and prior to —the tragedy, and to the identification of numerous samples of gold byexperlenced miners. A feature of the proceedings was the number of exhibits,; which, besides innumerable small phials containing, gold of various gradings from different claims m the dlstriot, included two full sacks of boots, gold amalgamating material, a broken rifle, pictures and a pair of opera glasses. Leaving Dunedln on the morning of Wednesday, October 6, Hardie was quickly recognized by a crowd of workers who had just disembarked from a suburban train. ■' Nonohalantly smoking a cigarette, he | marched down the platform escorted by a uniformed police sergeant and constable. ' „. ... .. ,. .' At Ranfurly, ; where he was I transferred to a motor-car^eri route I to Naseby, he again came, under the inquisitive gaze of a full platform of onlookers; He faced the crowd unflinchingly. ; Naseby, a one-tlirie '/El Dorado, is i ■■/•',..■•.■■■ . . ■ ■ Hardies Greeting snuggled away midst i- pine and poplar, m the welcome shelter of a gully from the piercing, snow-edgea winds that' sweep "down : from the distant mountainranges. : " : -'" : ■ ';. ";■■' " 'i : ' ■■■ ■ ' .•' '■■. Tottering shanties^ empty; dilapidated shops.and weather- shaken structures of every description ; are the pitiable evidence of past affluence and fortunes wonand spent. What. was once a booming township is now but a spat-, teredand small population' of claimholders .and tradespeople. , ... When the police oar drew ' vp f at the local police station, it wa*s evident that the hearing of the charge against Hardie, who is well-known m the district, had upset the quiet routine of the Httle settlement; ' V,''.. . ■ '■>-v : -.' v ' ■.-?■■ :".'..-''■• ; i'V" ; O^'.' Villagers 'crowded .'■ round ;'■ the prer! cincts of the small court -house long before the proceedings were due to commence. • ' ; . • When at last Hardie was observed with . his' escort leaving the police station, there was a babble of excitement, which drew the rural spectators across the road as he approached, the court building. Hardie was undismayed, however, and was seen to raise his hat to a woman on the footpath whom he evidently recognized. : As a "Truth" photographer stepped out. in an endeavor to obtain a snapshot, he remarked m forceful language that he would like to deal m his own way with the cameraman. When the court doors opened, the crowd surged forward, but owing to limited space within, fifty or more were left to gather round the entrance. Crown ' Prosecutor Adams conducted the case for the Crown and Lawyer Alf. Hanlon, of Dunedln, was present on behalf of accused. Magistrate Dlxon was oh the bench. ■'.-'' In a dark 'suit; white shirt, knitted tie and starched collar, Hardie, ■ a well-set-up, swarthy-coinplexioned man with darkrbrown eyes, particularly bright, entered the dock and faced the crowded courtroom. He was provided with a seat immediately the proceedings commenced. < The first witness called was Dr., Walter Syme Eudey, of Naseby, whose evidence fl^aHzed the inquest, Coroner • ~ ■' ■ ■' . J. Reed and a jury of . four being present during the medical testimony. After retiring for a few moments, the jury returned a verdict to the effect that Shum died of gunshot wounds inflicted by some person or pertons, unknown. :■••'.■'. : v .■'. -.", ■. ' .•••:■; -.;.-< . Describing the scene at ; Shum's ; hut on his arrival there the day following the crime, the doctor said he' found the body of the Chinese lying half on the bed, with one leg dangling to the' floor. The other foot wa,s bent' back~beneath the body. . , ,".'■■ Shum had been dead- about ten or twelve hours; •' The body was half .-clad, while bedclothirig was covering the trunk. ■ . ..■: •; ' :■ ./V;: '■• ''„'. ■ - ' "'.'' The doctor made an examination and found a bullet wound m the region of the right elbow joint. Four inches from the point of entry the bullet was visible under the skin. There was ,a superficial abrasion on the upper part of the breast-bone, with a bullet wound showing lower down m the same part of the body. The abrasion, witness surmised; had been caused by a bullet which had failed to penetrate. Two further wounds were found on the right, and left sides of the under- ribs. Certain traces , on and near • the bed had led witness to believe that Shum had lived some time after receiving the wounds. An old piece of linen had been placed round the right arm, while the clothing was saturated with blood. When witness arrived there was a lamp burning on a box beßide the.bed. The only indication that- the place, had been ransacked was the open drawer of a cupboard m the bedroom. Details of a post-mortem examination showed that Shum had received "terrible : injuries^ There was, - said witness, no sign of: disease; death : had been due to shock and hemorrhage, either one of the abdomen wounds having Been /sufficient to' cause death. In the doctor's opinion, Shum would, be rendered helpless immediately after receiving the wounds, but might later recover and be able to yralk-a consider--, able distance. : v v , ' £ke w^tawii bad beeu aliowa tli§ spot

SHO LEUNG SHUM, Chinese gold-digger, was an old identity m the Kyeburn (Central Otago) gold-fields. An industrious Celestial, whose admirable physique, impeccable character and unfailing liberality had placed him high m the respect and esteem of the warm-hearted miners and settlers of the district, Sho enjpyed a wide range of popularity. On Tuesday, Jubf 1 7, near the crude shack which for the post thirty years had been his home m the bleak desolation °f tussocked hill-side and rugged creek-bed, he was brutally done to death by gunshot. Three days later the finger of justice beckoned. William John Harare (23), laborer, to face a charge of ? murdering the old Chinese. Evidence for the prosecution Was commenced at the Nasebs police court last week and after the hearing of twenty witnesses a remand was : granted until September 21, when a further twelve witnesses will be called to give evidence m the Dunedin lower court

away from the., hut which: Sue Pee had pointed out as the place where he first saw Shum after the shooting; he was of the opinion that' the wounded man could have, walked that distance.!, Magistrate: And back again? —i think so, a man as strong as he was. " Could you say whether the shots were fired at close range?—-I could not express an opinion. Were there: any scorch "marks ?—Not that I-saw.,- ••-:,• ■ :'■ .: .-■•• •■ •■;■.. *. „'■,-,'■■ If the wounds had been.attended $cj> would .: have recovered?r-rl don't think-so. l. ' :,,- ■ ;■ ; • To further questions, witness, exr pressed the opinion that, the .wounds could not have been self-inflicted; .by the direction of one of £he w,ounds, he would say that Shun was lying on the" ground when he received the bullet. Sue Pee, aged and somewhat bent, dressed m a! blue denim suit with' white neckerchief, hobbled into- the' box to give his evidence through the agency of an interpreter. . . . In accordance., with the: custom of his country, heitook'the oath by. blowr ing out a lighted match. **.*>•' : v::. Sue had known Shum since .the Duh/edln .Exhibition arid went' to,.virork.'for him m May last. He had worked and lived with Shum up to the time of his death. .. . . • ■ ; v ■ -.; He remembered one Tuesday after dinner, when he was resting, he heard Shum's dog barking.' Shum went to the door. v Sue heard the visitor say: ''Are you Shum?". As the interpreter translated this answer, counsel for the defence rose to his feet. • .Lawyer Hanlon;. "Is all that contained m th 4 question? The Crown .Prosecutor puts .& questipn .m ,h?(.lf.;.a dozen words,.. then a spiriteji vcpnyersdtion takes, place. between;'.^?;'^witn6aS ■■and-'the;: ipt6"rpr^^ ' Interpreter.:.- ;JB',h'ard.-,*t'a:;hiaKe7.^ . ;him understarid the ■.question."'< \(^ After further ,ob|eci;ions::: by ing, counsel,, the Crown ; Pro3equtor::re--marked: "As: a matter of fact,' .accused' was the man—and: you "nm&t-hftye'^-DnfiS' 'evidence to show.'it v wa-sfaQ6use'4?|;:-;-l-;'"'- :v; Lawyer ■ Hanlon;: --(to '■-^iriterpretieiiO'''■ "Does he see the man m the box?" ' , Interpreter, (after putting^' yie jfluesrtipn to 'Siie lPee)> VHe^ys^qyef^tHerev iri thie^box^bnitWie bth'ertslde?',^: ■ v. Continuing, witness-;aiSt'aii^a,,h6w,-'a;c-. cused.;. Ijatd .■-.-, statje.d:,th^tp^^v*ja<irtli'eeiv sent up!;to^thevhut by^^po.liceman, ,whp: wJEi^ &q^n,vQ.nithe.'road;^,nVa-':cto;.' i'^'.'.. v ■ ~ < .T'A-e'ii: he. (accused) /said: :"A week ago a young man was murdered arid robbed of £200; have you seen a man about here?" ■■■[ ■■'■ .r ; Chinese Puzzle? Later Hardie said to Shum: you got a gun?" Shum answered m the affirmative and then went into the bedroom.^ : . ■ While Hardie was looking at the gun, he brought out sonic cartridges. .Sue was instructed by Shiim to boil some tea and make some pancakes for the visitor. • . • Whilst witness was preparing' dinner, accused was examining the gun by lookinp: down the muzzle ' through a pair. of:; opera glasses. When he sat down for the meal he placed the gun at his side. Hardie had.asked -witness if r he was working for Shum an.6t toldhim^he hadseen him at Naseby. Sue denied that he had ever met accused. If he had ever seen him, he did not remember him. . Crown Prosecutor: Was anything said about the pictures ef the ' Exhibition?— Yes, accused looked at the pictures on ' the wall and r said he also had made pictures (. like ;t,hem, only smaller. . . . Further trouble, arose, at this "stage by'er ; the;. Question; of interpretation, liaiwyer H!aril6n;ol)servirig: "Do^es yblir worship 'really .think that .witriess requires an interpreter il he can remember the conversation; ias acotirat'ely las he is relating'it to-day. .He shows a complete knowledge'.of'■English,, and haying an interpreter for a witness like this Is a perfect farce. He watches the Crown Prosecutor, then; starts; to reply before the interpreter" asks him anything.' 1. ■ •■-' • { ' ■-:■■•■■ . . Interpreter: -. "He understands more than he can speak." ■ :: ' \A.n endeavor wasmade'to obtain a direct answer from witness without the aid-of the interpreter,v.but after a few minutes of volubility delivered m pidgin Eriglishj which trailed off into straightqUt. Chinese, the services of the interpreter were again, brought into commissions y-r. .;.'':::■,. :.--..' • .;. : Hardie, said Witness, asked Shum if he had found plenty of gold and said he would, like to see the claim. Shum replied: "This js a snowy season; I did notiget much." - Hardie then went outside the hut with the gun and Shum followed him. Sue saw them going m, the direction of, the claim and went over the hill, to chop wood. Hardie had been m the hut oyer ah hour. After chopping several bundles of manuka,.witness started to carry one bundle- towards the". hut. Half-way down he met Shum, who was holding his hand to his stomach. ',-...; ■-.'...•'•'.'"•.. /He exclaimed: "A man has shot me! lam dying! .; Hurry. up and go to the hotel „. . . and ask at man to send a car and take me to the doctor." ■. Shum: was lying oh the ground, groaning with ;pain,j and-the dog was licking-blood from his elbthesi This was about, half-past-three In the afternoon. .''■. ■■■■;■■ '■; ■■■'"■ ■'. ■■•' '.-.' ■ ' ■"■■ ■ ■'■ ■■ Sue inquired of Shum th,e ideritity qf his assailant and was told that 'it

was the man who had stayed to dinner with.' them. : "He. demanded £100 from me," Shum had said, according to witness, "and said if I didn't give it to him he would shoot me." Later Shiim said to witness: "We walked to the hut and I gave him all my gold . . '. then he fired at me] several times/ Sue assisted Shum back to the hut, and; . after going some distance,- the Wounded man: said: "I am bleeding very. much—l am dying." After.-walkihg a little further, Shum again- said: <! I cannot walk. .'• . ." Lying on the grass, he exclaimed: "I ani dying— l am dying. My intestines are punctured and I feel blood dripping into my stomach." " Lawyer Hanlon: "Is that a literal translation?" Interpreter:- "Well, bowels if you like, but he said intestines." Sue went to the hut for a blanket to cover. Shumi Then he went for a ■second blanket. • When he came back, Shum was staggering towards the hut. The wounded Chinese reached his hut and fell on his bed, when Sue rembved his boots, and covered him with jt'blanket. . .'■ . , .After asking, for his feet to be coered, Shum urged .witness to hurry for assistance. ; Crown Prosecutor: Were you willing to go?— No, I wanted to wait till dark to go, as I was frightened. : .When witness had expressed his dread to the , dying man, Shum said: "You need not be afraid . . . the gun is broken m two. and thrown m the tussocks." -.■,'. Sue stayed with Shum until dusk. The dying Chinese was conscious when

witness was with him; he kept moaning to himself that he was dying. After sleeping m the tussocks, Sue reached the Pass Hotel, Kyeburn, soon after daylight. While he had been working for Shum, they had four "wash-upa" at the claim which had yielded about two ounces of gold. Shum had not, during that period, visited Naseby or Ranfurly. •Crown Prosecutor: Do you wear \ nails m your boots? — No. What sort of boots were you wearing When working about the claim?— A light, pair without nails m the soles. Wai9 accused quite well when he was at the hut?— He had a cold and Shum painted' his neck with some Chinese medicine. : . . Sue then related how he had identified accused as standing seventh- In a parade of men m the police yard at Dunedin. Hardie was then wearing the same clothes as when he visited the hut. ., , ■■• ■..',.. . : Lawyer Hanlon '(cross-examining): Did you live at Waipori before ?-r-Yes. How^long ago?— Lived there for 40 years.;;;:":///-; v ;v.. »-. '• ■' : ,- : Whehv did) you leave Waipori? — Ten years ago; ■•*■•••• t ' .Before you left Waipori, were you living with other" Chinese?— By myself. Because no other Chinese woufd live with you?H-I was carrying on a claim, 'an old •■diggings?: by myself. ' ■Wouldn't any of the other Chinese have ,. anything to do with you ?— I could have lived, with them.- , Were you good .' friends'; With other Chinese?— Yes, I; was very good with them. ''. ■"•: . ' . •.-■-','. -'.'■'. i Did you ever have a gun at Waipori? —N0..... . ':../ : ■■' . ■ ■■ '' ; :. ': ■"■ Did sortie other Chinese clear you out of the place, because ;you' threatened to shoot ; hlm with a gun?— No. Name some Chinese you were, living with before you left Waip i or ?_A number of friends visited ; ;;me. : :' "■■. "'.. :.."[., .' ""'■/"':.'■.-. \ ':'.'- : '. .. . Counsel (impatiently, to Interpreter) : /'Ask him to, name one." i v .; -■ • Intierpreter: '.'Quite a number; he cannot remember— there were so many. Counsel: "Yes, he|s too shrewd." • -J After much discussion, m th§ Chinese

(From "N.Z. Truth's" Special Represeritative.)

tongue, the name of Pee. Kung waa given through the. interpreter. , "Wfttere is Pee Kung now?" counsel asked quickly. Sue replied that he wbji residing with Pee Kung m Dunedin at present .. When did you know him In Waipori? — Several tens of years ago. Is he a cousin of yours 7 — Yes.. ' ' "Could you. mention any friend you had m Waipori who was not a cousin?" — No reply Was forthcoming. To a further^line of questions, witness replied that he had first told the story of the murder to anyone who asked hiiri. ' He had been visitexl by a European m Dunedin and had told him the whole story. He could not say whether the man was a police officer. Counsel: Was he m uniform?— No; m mufti.. ■.-■■■ - Was: he a detective?— l don't know. You did go to the ponce and give a statement? — Yes. When did you last go through your story with anyone before today?—l have been to the police station twice. . Just lately ?-r-Tes. Did someone read o~ver your statement to you? — Yes. , Both times? — Yes. ' Who read it over? — The person who typed it and Miss Law. When, for the last time, did you have a talk before coming here, either with Miss Law or anyone else?— A few days ago. I cannot remember the date. Sue admitted to counsel that he knew how to load a gun, but he had never loaded Shum's rifle. Counsel: Well, which one? — None. • Then how do you know how to do it?

— I have seen them doing It at the mar- 1 ket gardens. ; Did you know Shum had a gun? — Not until he brought.it out. Why did you guess that Shum's gun was loaded that way? (as had been demonstrated by witness) — I saw accused and Shum with it. What did Shum have a gun for?— l don't know. He may have brought It over when he took the claim over. Concerning photographs shown to witness at the police station, Sue said he picked out four shown to him by Hardie while at. the hut.The others he had not taken notice of and could riot say whether they were also pictures of the Exhibition, as the others were. Magistrate (to witness): Did you know where Shum kept his gold? — No, sir. Throughout the evidence of the Chinese, Hardie maintained an air of indifference and joined with the rest of the court during many amusing episodes. ...:." ■ ;'■ ' James Forward, licensee of Dansay's Pass Hotel, Kyeburn, told how ; Sue Fee had arrived at his hotel on the morning of July 18, carrying a lantern. When apprised of 'the -.awful happening, witness took immediate steps .to get m touch. Wijh Constable Fox, at Naseby. : : .' ' . Forward usually saw Shum about once a week when the Chinese came m for .stores. The, last time he saw him was • on July 14, when Shum appeared to be m his usual health and good spirits. Forward corroborated the doctor's 'evidence "concerning the scene that met their eyes on reaching- Shum's hut. He knew : of no strangers about the district for some '.time prior to Shum's death; ■ ..'■•-,. V , .-,- ; "■' ■',' ■' '- ■'■■■ He was present when th<i police took a cast of a footprint m the. vicinity of Shum's hut. : 1. ■ Hardie was known. to witness since he first met him at his hotel somewhere about last • Christmas. At a later . meeting, accused told, witness that he was starting a claim outside Naseby. ' _(■ _.; , , : ' -. •. v . '•'• ■■■/■■ . ;" A. Naseby laborer, named Michael, Kitchen, said be jrds UviQg- m, a hut

of his own near Little Kyeburn about July 18. ■•■..-... He had known Hardie since 1919, and; for a fortnight last May accused was camped with, him. Hardie later went to live iri Allan Cain's hut Just below the Pig and Whistle (a. hill). Kitchen then understood that accused was m partnership with Jimmy Cain, m a. gold-digging claim. .Since then Hardie had told witness that he* was doing a bit of sluicing m Deep Creek. ■.- t , ' **l lost accused on Friday afternoon, when he diaappeared," witness continued, "and later saw him at Allah Cain's sheepyards, when . he told me that Allan Cain had promised him a job putting barbed, wire on a boundary fence." On July-; 14 witness saw Hardie again.,- After some conversation, accused asked witness where Shum lived, and witness ,gave the direction to the best of his knowledge. : The following Tuesday (the day of Shum's 'murder), between 9.20 ami 11.30 a.m., witness was. Tidinr on horseback on the Naseby-Sit. Buster' road,' going towards Naseby, whan he met Hardie. Although"witness could not rwear which way accused was heading when he met him, -when they parted company he" went m the Mt. Buster direction.: Hardie had not said wfasre he was going. About a Quarter to-three ibe same afternoon, witness left Nafetogr, azid, after picking up a bag of cha&. at th& homestead of Rowland George, Just out- j side the township, proceeded i»ack to: the road, up the Pig and WMstle Hill. When half-way down £he .otihsr Mdc of the hill, witness noticed a pedeßtrlan some distance down the road. Kitchen was on the Naseby £ide of Cain's hut (where Hardie lived), and the pedestrian, whom witness could not recognize, was on the Mi. Buster side. At the time there were only three persons working along—and likely to use—that road. Kitchen kept a look-out for the per- ,. soji on the road, expecting to meet him,, but subsequently encountered no one. Magistrate: How far would accused be . f rom Shum's' hut < when , you' saw him m the morning?-^-Roughly, about 2>/z miles across country. How far would:: this walker be from'; Shum's hut? —By a rough guess, about 2% miles across country. '- ■ • : • ' Walter George, ■ miner, of Naseby, spoke of having examined gold handed to him by Hardie. Asked For Water •He had retorted small quantities of gold for Hardie,-who asked witness if it;was necessai*y for him to take out a miner's right. George had advised him to do so. . . When witness met Hardie on July 6, he complained of having a cold; otherwise, he appeared to be all right. On that occasion, Hardie asked witness where the "Chow" lived, but did i not say why he Was inquiring. George was not acquainted with the appliances Hardie had been usinsr m his search for gold; Crown Prosecutor: Would It take a man long to obtain two ounces of gold: by using a cradle or box?— (After medir tation): About ten years m . average country! V '-■'■ George.gave an opinion on a number of exhibits of gold. To a query by the bench, he: informed the court that .'gold from different. claims would not necessarily.'be dissimilar m color and quality. ;• ' Rising-at 9;30 p.m., the court resumed , the following mbrriing (Thursday) at 913 d. Mrs. Kathleen TLouisa Fox, wife of the local, constable, was the first witness tp enter the box. Her evidence opened on- Hardies visit to her dwelling about ten minutes to six. on the evening of July 17, when he, asked to see Constable Fox. It was dark when she answered the door, but she recognized Hardie by his voice, which was hoarse and led witness to believe he had a. bad cold. . Hardie had asked for a drink of water; when witness offered to make him a cup of tea, he said he preferred water. •'■-'■ . ■'•;. Mrs. Fox rang up her husband at the courthouse and accused departed to meet him coming up to the house. Police Constable Fox followed his wife into the witness-box to relate evidence in' connection with the tragedy which coincided with that of the doctor. ■ '-:' ■ ' ■-■-. .■•'•• ■ ' ■ . With reference to Hardie, witness came into-close contact with him on account of accused having to report m compliance, with the terms of his pro-: bation. Hardie did not report regularly, but at frequent intervals. . On the night of July 17, witness thought accused had merely called to have his probation papers signed, it transpired, however, that he wished to make arrangements for his transfer to Dunedin. .-'.., The constable warned him of '• his apparent ill-health, a.nd wished to take him to the doctor, but Hardie was insistent that if he reached his aunt m Dunedin he would be looked after. It was subsequently arranged that accused should see the constable In the morning. witH a view to the Dunedin transfer. • . "His appearance led me to think that he was. seriously ill," declared witness. , "He was very pale m the face and seemed to be trembling all over." I went round the counter and felt his hands and pulse. "He was extremely hot and iiiiiiiiiiiiiiiiiiiiiiiiipiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiH

trembling from head to foot. His pulse was going rapidly. . • • *■ • asked him if he was stopping. i{i , town and he said: 'No, I'm getting ' out on Cain's horse and' riding out to camp/ 1 "I asked him how long he had had the cold and he said he got it while sitting up with his mother before; she died.- %..-■.■ •-.<. •• •• •■.;•. 'j ;;-y: ; : . "On July 5 he said he had received word that his mother was sinking fast and asked to go to Dunedin. I did not see him when he came back." At 9.16 on the. morning of July 18 witness was on his way out to the scene of the murder, when he met Hardie, who was riding a white horse and coming m towards Naseby; , , The constable said he had npjltime to attend to Har dies busiriess^ijust then and asked him to, call at .the house and leave his Dunedin: address with Mrs. Fox. Hardie replied: "I have changed my mind about going to Dunedln. I will go to punedin until I get right vand then come back and finish my job with Allan Cain." ;. . , > >f : Hardie then appeared .much better, though he was still hoarse; witness could not. see much of his face, as he waa wearing a Balaclava cap. Allan Cain, sheepfarmer and carrier, . and bolder of & miner's license, deposed, to having rented 1 to Hardie a bjit, situated about 4% miles from Naeeby on the Mt Buster— Naseby road. The distance by road from the hut to Shum's claim would be a similar num- . bter of miles. : : • ■ •: V Hardie had borrowed money from witness, who had obliged him by selling gold for "him to the Bank of New South Wales In. Ranfurly. , -V /. One small quantity witness had? ' disposed of on Handle's behalf had i brought £2/8/-. Cain had asked 'accused where he obtained. It and the answer had been: "Out, there," \ mentioning no particular place* '. ■ Cain understood that Hardie waß v doing a bit of prospecting ou;hlß^qwn. - He saw Hardie about twenty, mj&utes Showed Him Gold I past six on the evening of July 17. Cain was. coming In by car. ' At the door of the shed he beheld accused, whom he did not recognize until he" spoke, darkness having fallen. Hardie showed signs of having a cold and witness took him inside, glviftg him some spirits. Hardie had tea with Cain and his wife; it was noticeable to Witness that he was "white and all shaky." ' > ■ After "the meal,, accused took some photographs from his pocket and showed them to witness. One was of the Exhibition^ v ,/. ... . -V r 'Then Hardie said: "I will show- you some gold." When 1 asked a second tinie how long it took him to get it, he replied:- "Best part of five weeks'^nard slogging." .- Cain lent accused his r oil-'skin coat and 6/- to get some brandy for his cold. . : The following morning Hardie again called at witness' house, where he had breakfast. He had with him a. small sack of effects and journeyed with witness m his car to Ranfurly. .?■■■■ At Ranfurly. Cain sold the gold for Hardie to the Bank of New. South .Wales. .. . v : A laborer, Thomas Robert Kennelly, who was* minding the Ancient British Hotel for the licensee on the. night v6f July 17, stated that ; Hardie came into . the hotel about 8.45 m the evening. He stayed .about an hoin* and had oiae drink of rum and cloves./ v Kennelly noticed thai £ he was hoarse and coughing a good deal, but otherwise he seemed normal. Frank Butler Bell and Richard Fraher, branch managers of the Banks of New South Wales and New Zealand respectively, both of Ranfurly, gave evidence m connection with the purchase of gold. . -, • fßell produced official recordgof thepurchase of fi^bld. from ' Allan Cain. Fraher; stated that Shutn hiid been selling his gold to the Bank of New Zealand for the paat 14 years. : : Thomas Mitchell, Ranfurly agent for the Publio Trust, swore to having searched Shum's hut shortly after BJ'sdeath without finding ajiy gold. ; Another miner, James John C&in, with whom accused had. been working The Broken Miflei for a while at 14/- a. day, decjared that Hardie had been given the option of going into partnership, but had declined m favor of wages. ; After working for witness for about four weeks, Hardie said he was going to a fencing contract for Allan Cain. v "Never at any time had Hardie the right to receive gold from my:>laim," declared witness. "After, leaying me I saw some posts he had ptitrln;and I saw a sluice-box a quarter of a mile away from my place. I saw accused working there once." / ■Three other experienced miners were qailled to give their opinion concerning the exhibits of gold. ' , ' "1 have seen gold from hundreds of mines over the West Coast -and : Otago . • • a" d 1 have .ney«r found gold the same as that from Shum's claim," stated Moses Brown, a digger of 48 years' experience. "The color is darker than - any of the gold I have ever met with." \ Examining samples of gold taken from Shum's claim since his death, and the gold sold to the Ranfurly baijk by Cain on Hardies behalf, witness observed: "The one sample is as near the others as my judgment is capable of judging." According to my .eyes, the , color is identical, but hot having seen sample T' come but of the boxes, it is impossible : for me to speak with certainty." A young man who worked for Shum m 1923 was called to identify the broken rifle as that owned by the murdered Chinese. The witness remembered Shum's rifle and would say that the two parts produced formed a similar, pattern to the giinpiece owned by the deceased. Several witnesses testified to Sue Pee having stopped, at the Royal Hotel, Naseby, on or about May 24, but none could remember Hardie having entered the building whilst Sue was' present. At 4.80 m the afternoon the court adjourned for the hearing of further evidence at Dunedln on September 21. During the afternoon of the second day, Hardie showed signs of weariness and strain, •