How Sho Shums Stayer Escaped Hangman's Noose! WELL ON THE WAY

NZ Truth, Issue 1197, 8 November 1928, Page 7

How Sho Shums Stayer Escaped Hangman's Noose!

WELL ON THE WAY

'THROUGHOUT the trial, judge, jury, 1 counsel, witnesses and court officials felt the strain of concentration. Yet— there was, one, who, to outward appearance, remained unmoved throughout, unless 1 it were to join m •whatever isolated instances of merriment the proceedings, provided. That man was the central figure of the trial, the man! m the dock, charged with inurder-VWilliam John Hardie!

Dressed neatly In a blue serge suit, etarched collar and dark tie, his hair, brushed up, and a general appearance Of cleanliness, Hardie never once betrayed the least mental tension. To the reading of the charge on the first day, he replied m a powerful, clear voice: "Not guilty!" Three jurors, were challenged by the defence and twelve by the Crown, before Crown Prosecutor Adams rose to outline .the . essence „of the. capital charge. ■ ' .-■ The publio crowded the open section of the courtand. throughout the four days there was always a queue of eager spectators waiting to avail themselves of any accommodation. | Walter Syme Eudey, medical practitioner, of Naseby, opened the Crown evidence by describing the conditions In which Shum's- body was found the morning after the shooting, when wit-

terrible Injuries

ness arrived at the hut with Constable Fox. v. <„ •■ . ;:■ ' • . . •

The body, said witness, was clothed m undergarments and lay across a bed, with one f oot the ground. . ] , Blankets cqyered -the -trunk, which was still warm*, the. lower extremities being cold.. • , '.. .. Examining -the bod,y, witness discovered a wound above the right elbow and a bullet showing beneath the skin four inches higher. The doctor removed the bullet and would, say it was . similar- to the one produced- in court by theCr.own Prosecutor..; ■■; -„ ■•- -.-. ; • ; .'/• ..-. ... . .'. :; •Over,the< breastbone was a furrowed wound' >abdut /three-' inches -m ..-length, apparently caused by a bullet which ■ failed' to penetrate* •■■ ■- : . :\ There was a bullet wound on the right' side ijust below the ribs and a further bullet hale --at the lower edge of the breast : bone. ' Another wound Was found below the left ribs. -■••--.■

Shum had been dead, 'it appeared; from ten to twelve hours. '

A post-mortem examination con-/ ■- ducted by Dr. Eudey revealed terrible internal injuries. It was evident that. Shuiri had lived some time after receiving the wounds. The bullet,. entering. on the" right side, had passed through the right lobe of the liver, perforated -the intestines and lodged near the. spinal column. Travelling m. a downward direction, another bullet had passed through the covering ofthe heart, the diaphragm, the liver, perforated the stomach, and emerged below the margin of the ribs. . Either of .the abdominal wounds would have proved fatal, said the medical witness; death was due to shock and hemorrhage. .

Crown Prosecutor: What would be the effect of his receiving. those wounds at the same time ?— He would be rendered helpless. through; shock, but m a Short time would probably be able to move, about. .

Would it be possible for him to walk from the hut to the spot pointed but to you as the place where deceased was found by Sue Pee?— l think so. Lawyer Hanlon (cross-examin-ing): You say that, one wound apE eared as though deceased had een lying down when he received It, but if the man who fired it. was on higher ground, it would have- " had the same effect?— Yes.

Mythical Murder

What are the ordinary symptoms of influenza; doctor?— Headaches, pains In limbs and body, and feverishness.

And. sore throat?— Yes, if a person has influenza. ;

Coughing? — Not necessarily. Hot forehead?— Naturally, if one has a temperature. • ... . James Henry Forward, licensee of the Kyeburn Pass Hotel, and the first pel-son to receive the tragic news from Sue Pee, stated m evidence that the old Chinese arrived- at his hotel about 7.45 on the morning of July 18. a

In consequence of Sue Pee's story, witness rode four miles to the nearest telephone and communicated with Con-, stable Fox.

Forward arrived at Shum's hut with the doctor and constable/ and the following day assisted m bringing out the body. ■ . '••■■ ' '•'•■ \ '

Hardie was known to witness, also Shum, who called at the hotel about once a week for stores.

There had been no strangers about the' district for some time before Shum's death ; if there had been, witness would have been aware of it.

He first met accused at the Pass Hotel -last Christmas, this being the only time Hardie had been to the hotel.

On the second day of the trial the gallery was again packed.' After calling upon a Government survey offl-

DETER O'MALLEY, alias Swan- * son, alias Sawyer, alias Clarke, of Wellington, has hit the halfcentury mark— in convictions. Since 1923 he has had 49 previous convictions registered against his name, and last week before Magistrate Salmon he landed his fiftieth, for drunkenness. ' Generally a voluble individual, O'Maile'y took his £3 . fine with stoic calm.

GOLDFIELDS KILLER IS ACQUITTED OF MURDER

Jury's Manslaughter Verdict Ends Remarkable Trial On Capital Charge

Elderly Chinese Prospector Encounters Tragic Fate Near Lonely Shack -

FOOTPRINTS IN THE MUD

SURRENDERED HIS GOLD

cer to testify to plans and prints m use for the prosecution, Crown Prosecutor Adams signalled for his chief witness, Sue Pee," the aged Chinese who hacPworked for the murdered prospector. The services of an interpreter were brought into commission to facilitate the proceedings. Adhering to native custom, Sue extinguished a lighted match as the solemn seal of truth to his impressive story, which was. made the more graphic by much gesticulation and facial expression. Giving his age as 68, Sue Pee stated that he had worked for Shum during the seven or eight weeks prior to the tragedy. On His way to take up employment with Shum, witness had Stayed onenight at the Royal Hotel, Naseby. The lady of the house was the only person who spoke to him while he was there and he had not been shown any photographs. • When working for. Shum, he had lived m his employer's hut, but occupied a separate room at night. He remembered a man calling at the hut about one o'clock one Tuesday. Shum werif to the door and witness heard the visitor say: "A young man was murdered about a mile from your claim and robbed of £200. A policeman is m a car down the road. and sent me up first. Have you a gun?" At this stage the foreman intimated that the jury would prefer Sue Pee to give his evidence without the assistance of an interpreter.

It was pointed out by Lawyer Adams that this had been, tried m the lower court without much satisfaction, but m view of the jury's request the witness would be allowed to give his story straight "out m. Chinese for the interpreter to impart to the jury. Continuing, Sue Pee described how Shum had responded to the visitor's inquiry concerning flreai-ms by going into his bedroom and bringing out his rifle, which was handed to the man at tire door. ' , "■ "■ . ,

There followed a request for ammunition. Shum again went m to the bedroom and brought put some cartridges," which he placed on the table.

To another inquiry for. field- glasses, Shum produced a pair of binoculars and gaye them to the visitor/ who proceeded to examine. the bore of the rifle through, the, glasses,

Sue was then instructed by his employer to make some "pancakes and 'tea'" for their visitor"; .while the meal Hvas being prepared, the stranger noticed some pictures 'of the Dunedin Exhibition which adorned the walls of the hut. ■■•:■•■ ■■■■•■ ,

The man followed, up his interest; m the pictures, by producing some photograph's from his, pocket and telling, the Chinese that he could "make pictures like those."

Three of the photographs shown witness by the visitor were of the Dunedin

Shum's Last Words

Exhibition and one of a "man with a big v mouth" (the entrance to the Fun Factory). . .

When the three men sat down to the meal, the visitor put Shum's rifle at his side;. After eating, the stranger said to Shum: "Are you making plenty of gold?", To which he replied: "No, this is the snowy season and the days are short. .1 have not made much."

Shum and the other man then left the hut to inspect the claim, Sue Pee being left to wash up the dishes and sweep the floor. This he did, and then set out to cut manuka firewood.

Some time 1 later he was on his way back to the hut with a bundle of sticks when he came across Shum about halfway to the hut; Shum was lying on the ground with his hand to his stomach, groaning. -

As Sue Pee was about to repeat words uttered to him by the dying man, Lawyer Hanlon rose to object that such evidence would- not be admissible unless Shum had given his words as a dying declaration.

His honor suggested that as the matter did not interest .the jury, it would be wiser to discuss it m his private room. The court therefore adjourned and resumed 25 minutes later.

Before continuing, Crown Prosecutor Adams announced that he would complete Sue Pee's evidence by putting questions . straight to the "witness, the queries to be translated into Chinese by. the interpreter. "I am ,dying— that man shot me!" Shum had said to Sue Pee 'when the other reached him. . When asked by witness to whom he referred, the wounded man replied: "That man you gave dinner to; he' demanded £100 and said he would shoot me if I did n;ot give,, it Uo him. We walked back to. the hut and I gave him all my gold. He fired at me several; times— that man has no •heart."

Blood was pouring from the dying man's wbunds and he was groaning m agony. The time would be three o'clock or a little after. ;

Sue supported Shum towards the hut for a short distance, when he sank to the ground and exclaimed: "My intestines are punctured. I can feel the blood dripping into my stomach. I cannot walk any further. I must die — I must die!"

Sue left his companion and went to the hut for blankets with which to cover him. ' . ■

. Crown Prosecutor: What did you do after covering Shum with the blanket?. — Shum said his feet were cold a'ndl found the grass was wet, so I went to the hut for another blanket to cover his lower extremities. '

And did you take that, blanket to Shum?— l was going back with it when I found that .Shum had risen . and. was staggering back to the Tiut. Subsequently, Shum managed to, reach the hut, . where Sue covered him with the v bed-clothe's.. Shortly afterwards, Shum r said: "Hurry to the -hotel and ask the man to go to Naseby for a doctor." Shum was conscious when witness set out for Kyeburn; the hut had not been disturbed and a lamp was left burning: V Crown Prosecutor: When did you leave Shuni.?— When it was dark. What condition was Shum m when he got on /the, bed? — His feet were very

cold arid, he asked me to place some blankets over them . . : he told me to hurry, as he was dying.

Did you take a lantern with you? — I took a lantern, but was afraid to light it m case the man saw me.

Could you find your -way to the hotel m the dark? — No, I lost my way and had to remain m the tussocks all night. When did you reach the hotel? — About half an hour after daylight. Who was the man who came to the hut?— He is here. "Point him ou\, please!" Sue.indicated Hardie m the dock. Photographs produced, witness recognized as those shown to him by accused at the hut. . . . During Sue's stay at .the hut, Shum had carried out 'four wash-ups at his claim, but had not .during that time paid a visit. either to Naseby or Ranfurly. . ; •

Questioned as to what boots, witness and Shum. had. worn at the clajm, Sue informed the court that his own 'had been gum-boots : (not nailed)' and Shum's footwear he identified, froih a number of pairs exhibited.

•When, at Shurii's hut,> Hardie, said witness, appeared to have a bad cold arid Shum rubbed his throat with some medicine.. . . , ■ , ■ i

At a parade of 17 men m the police yard some few days after the murder, witness had picked out Hardie — he was standing "No.*7" m the rank. , •

To Lawyer Hanloh, Sue Pee.answered tha^ his employer had not gone out to work on the morning of July 17, as the weathei: was too cold:

Hidden In Bedroom

It would, be about mid-day when they had dinner, "soon after which Harilie arrived "at the hut. , . ; Counsel; What time would that be? — One o'clock'. • . : .'■

■ How long .was the. rhah m- the hut?— When he left with "Shum it was.' about ,2.30 p.m. :'• „'. ; .'.'.'■

How long, did it: take you , to \vash-up and sweep the-,fib6r?— Only a few minutes. "•: •'" ■'■' ■■■'■- v I ■ ■ .'• ■

Had you seen the gun before that day? — No, I didn't know Shum had one.

Did you see the rifle: Jbaded?—' No, I don't know who loaded it.

; Didn't^ you r sajr-,ibef ore: that you had seen the gun- loaded Y—\ said I had seen ii gun loaded at a market-garden.

When you met Shum after going for wood, it would be a little after three? — Yes, not more than threethirty. . • /;. /. j ;■ -

How did you fix that?— By the" sun; m winter time it gets dark a little after four. " ■

Didn't you have a watch with you? — I have a watch, but it doesn't go.

Did you help Shuiri to wash-up hia claim? — Sometimes.

Did Shum.wpigh the gold when he washed-up? — Yes, afterwards. Each time?— Yes.

And did you know what the weights were? — Yes, he told me what the weight was each time.

What did he put his gold in?— l couldn't say; he took it into his bedroom.

Asked to detail the weights of the wash-ups, witness gave the amounts m Chinese measure. The first was a little over- seven mace; the second seven mace; the third, one mace, seven candareens; and the fourth, one mace, four candareens (eight mace being equivalent to an ounce).

Counsel: Were you good friends with Shum? — If we were not good friends, I should not be working for him.

Did you eVer go into his room to see where the gold was kept? — No.

Who made Shum's bed? — He attended to that himself.

After an hour and fifty minutes In the box, twenty-five minutes of which had been occupied by Lawyer Hanlon's cross-examination, Sue Pee shuffled from the 'court. . f Michael Kitchen, a Naseby laborer, stated m evidence that he had camped

Asked For Drink

with Hardie m Allan Cain's hut from May 5 to 24, and then, went to Walter George's hut, where he was residing at the time of the tragedy. On July 17, witness, Walter George and Hardie were the only residents of the locality living on the Mount Buster road, but two miles away across country, m the direction of ■ Kyeburn, there was a dredge. While camped together, Hardie had told witness that he was m partnership with Jimmy Cain and that, he had been sluicing m a creek. On Saturday, July .14, Hardie was m conversation with witness and asked him where "the old Chow lived." Kitchen took him to mean Shum and pointed out the direction of his hut. On the morning of July 17, witness was again talking to Hardie m the vicinity of Cain's hut. ■'•;

Kitchen later rode on into Naseby and was m the village until nearly two o'clock m the afternoon. Setting out foi'yhome, he called, for ten minutes at Roland George's place and then proceeded on his way. : Down the road he noticed a man m the distance who appeared to be walking m the direction of Naseby from Shum's hut. The time was between four o'clock and a quarter past. ■ Lawyer Harilon: .The man you saw m the morning, you knew it was Hardie?—Yes. And the man you saw m the afternoon, you don't know who it was? — No. When you saw Hardie m the morning, he was between his own hut and his claim ?-rYes. And the man you saw m the afternoon was about m the same place ? — Yes. • . ■ . -■■■'■ No question about that, Mr. Kitchen? —No. ... ;■"'" .;.,:.•.. To further questions by counsel, witness stated that it was not dusk at the time he noticed the man m the afternoon, even though it Avas the middle of July., The light -was quite good and the man would be about a quarter of a mile away.

II (From "N.Z. Truth's" Special Dunedin Representative.) I| || In a protracted trial lasting well into the evening of the fourth day, || !! Justice has closed the gruesome . story of the shooting of Sho Leung ji || Shum, the industrious Chinese gold-digger and respected citizen of the || H Kyeburn gold-fields, who was slain with his own rifle at his claim on the |§ l| bleak hillside surrounding the primitive shack which had been his lonely, || ll but peaceful, home jor many years, and robbed of two ounces of gold— || 11 the meagre yieldings of his diligent toil. ,11

Re-examined by Lawyer Adams, Kitchen declare'd 1 . that Hardies shortest way from his hut to his claim would be: straight over the hill arid not round the road.. , .

• A' miner of "17 years' expei'ience, Walter George, of Little . Kyeburn, seven miles from' Naseby, said he, first met accused about the middle of May, last, when Hardie told him he * was m partnership with James Cain, who had a claim m Deep Creek Valley.

About the middle of June, Hardie saw witness m Naseby. and asked him to treat for him some gold arid sand which was contained m a tobacco-tin. George assented and later handed, accused the amalgamated gold, amounting to 13dwt. ,

On another occasion when they met at the. Welcome In Hotel, accused made a similar- request concerning another quantity of gold;., witness handed over the result-r-6dwt. of gold — on July ,16, when he met Hardie coming from, the •direction of Mt. Buster.

"He asked me how far back the Chow lived," .continued witness, "and I toid him he did not live there at all, but pointed out the direction where he did live!"- • '

Hardie, then said to witness: "I understood from Mick" (meaning 1 Kitchen) "that he lived on the Buster." :

Crow.n Prosecutor: Did he say why he wanted to know where the "ChowJ| lived?— No.

And you understood that he meant Shum?— There was no other Chinaman m the district that I knew of.

How long would it take a man to get two ounces of gold from that country with a, prospecting box? — A terrible long time.

How long do you think? — In. some of that locality, you would not! get it m, a lifetime.

• His Honor: How long would it take a stranger to get it?— A lifetime.

Counsel: Could you expect to get payable gold with a prospecting box 7 — Certainly not.

Examining samples of gold on exhibition, witness classed a specimen of gold taken from Shum's claim by the police after his death as being very much like a.' sample of gold sold to the bank by Hardie the day after the crime.

To defending counsel, witness stated that gold from different parts of the Kyeburn district varied m color,, weight and assay value, though sometimes very similar. .

Counsel; You could not always tell by . samples whether the gold came from this or that gully? — In some cases, I could. V

And in* some cases you couldn't, as you said m the iower court:. "In some cases it is very much alike"? — Yes: '..

That Hardie called at her back door about ten. 'minutes' to six on the evening of the 'tragedy was related, by Kathleen Louisa Fox, wife of /the Naseby constable. ,

He asked to see the police officer and was informed that he was at the' courthouse a little further along the road.

"He asked for a drink' of water, but as he seemed to have a bad . cold I offered him a cup of tea," . said Mrs. Fox; "but he said he -pre - .„ ferred the water." ' , Constable Lawrence Fox, m charge of the Naseby district, received news of the shooting about .8.45 on . the morning of July 18, ', He gave an account of the scene at Shum's hut similar to that related by the medical witness. ■ ... ■•...■■

The hut was aboutf our miles from the Kyeburri Pass Hotel and there was no evidence of the place having been ransacked beyond there being one drawer open. In the drawer were a few coins amounting to about* two shillings.

The constable took charge of some soft-nosed ..22 long cartridges which were on the table.'

On May 25,- H&rdie, who was on probation; reported to witness, as he continued to do at irregular intervals. ....

■On the evening of July 17 accused called at the courthouse with a view to obtaining: his transfer to Dunedin.

"You are better m- the country, Bill," the constable' had advised him/ but Hardie had made up. his mind, and

observed that his aunt would find him a job m the city. . ( • .

On this occasion witness had noticed that Hardie looked very ill and spoke to him about his health, going so far as to offer to get a doctor for him.

Hardie, however, considered that he would be all right when he reached his aunt's, adding that he had "no money for doctors."

Constable Fox felt the young man's pulse and noticed that he "was very shaky and hot." •

"He adjusted his scarf and said he would be all right," continued the officer. ''He said he had been m bed from Sunday, the 15th, and had hot had anything to eat.

"I asked him if he had anything to eat that day- and he replied: 'No, I got out of bed about four o'clock and boiled the billy and had a drink of tea, but could not eat anything."

"I asked him if he were stopping m town that night and he said that he must get back to camp.".

Hardie further told witness that he intended going to his camp on Allan Cain's horse, and would return to catch the train for Dunedin the following day. : ■•.-•■'".-■ '

The constable knew of accused making two previous trips to the city, the first on June 30, when he said his mother was seriously ill, and the other on July 5, when he reported his mother to be. "sinking fast."

The morning, after the tragedy witness met Hardie on the road a few minutes before nine, when accused remarked to Fox: "I have changed my mind about staying m

Dunedin, and as soon as my cold is better I'm coming back to do a job for A|lan Cajn."

Hardie was instructed by the constable to get m touch with the Dunedin probation, officer. He then moved off m the direction of Allan Cain's house.

In the constable's opinion, Hardie looked much better than on the previous evening. . :

Describing, a. phase of the police investigations following the tragedy, witness referred to the track on Mti Buster, where traces of a large footprint . led up the hill, indicating a long step with heavily- nailed boots.

Allah Cain, sheep-farmer, carrier and miner,- residing at Naseby, supplied further links m the chain of evidence for the Crown:

The hut which Hardie had occupied belonged to witness and was situated about four miles from Naseby and four miles from Shum's hut, .part of the latter distance being across country.' Shum's hut would be about nine miles from Naseby.

Cain had refused to rent his hut (four rooms) when? first Hardie applied* but subsequently ,it was let at 5/- • a week, possession being taken -ver on May 30. . ■

. Towards the end of June, accused told Cain that he was cleaning out James Cain's • race and doing a bit of prospecting on his' Own.

The witness remembered about the same time that Hardie had asked him to sell some gold for him, as it was inconvenient for him to go into Naseby on the Tuesday (bank day).

Selling His Gold

"I agreed to. sell his gold and lent him £2 which he asked for, as he wanted to settle up one or two little accounts," stated- Cain. For the gold, the .Bank, of N.S.Wv paid witness &i/ii-. -■■-"■ •'■' ■

;.' Crown Prosecutor: Did Hardie say where he got that gold from?— He said he got it "out there," and led me to believe it, was from Deep Creek. Did he tell you by what process of work he got the gold? — He said he was working with pick and shovel. , . : Cain drove accused to Ranfurly to .catch the Duttedin train on June 30, when it was stated that Hardies mother was dangerously ill. Hardie borrowed another £ t that day.

Responding to a wire sent ,by accused .from HindorL. some . days latei', witness met Hardie at Ranfux*ly and drove him to -Naseby. ''.-.' •

• Hardie then remarked to Cain that he thought, his mother would not live much longer. , .

On July 13, Cain obliged 'Hardie m a similar manner wl^en accused was returning from Dunedin after his mother's death.

Referring to the night of July 17, Witness said he was returning home m his car about 20? minutes past six, when he noticed a figure standing by the shed door.

After greeting each other, witness was able to recognize the visitor as Hardie, whom he invited m to tqa. '..

"He sat m a chair when we got" inside," witness continued, "and he seemed m an exhausted conditiQn. I could see he was white and shaky, so I him a good nip of whisky. He then had tea with myself and wife. He ate a good meal and appeared to be refreshed."

Hardie spoke to Cain about his proposed visit, to Dunedin the following day and stated that Constable Fox had offered to give him a week's work if he stayed m Naseby.

After arranging for a lift to Ranfurly with Cain the next morning, accused produced some photographs and gold. .:.

One of the pictures, witness could remember, was -of "the dome of the Exhibition, the other two being of soldiers.

' "I will show you some gold," Hardie had said to Cain when displaying some loose flakes of gold which contained one lump.

Purchased Brandy

Cain said it was a "fine lot of gold" and inquired where it had been obtained. "Out there,'" was the reply, and Cain then asked how long it took him to' get it. ■ ; : "AX first he did not reply," went on the witness, "so I repeated my question and he answered: 'The best part of three weeks' hard slogging.'" Hardie borrowed Cain's hack and oilskin coat. Before he le,ft for his hut, he also borrowed five shillings for the purpose of purchasing brandy to treat his cold. • ."';•. The next morning Hardie returned to Cain's place an-fl partook, of breakfast. On preparing for their trip to Ranfurly,Hardie exclaimed: ."Oh, I have left my miner's right m the hut." Cain assured him that they could overcome the difficulty by making use of his own; so it was that, Cain took the gold shown to him thei previous night by Haudie and disposed' of it at Ranfurly for £8, : the money being handed to Hardie. At the breakfast table, before they left Cain's house, accused announced that he had met the constable and doctor going over the hill. ••" ' He /inquired whether witness knew where they would be going. Cain, however, had not then heard of the tragedy. Thomas Robert Kennelly, who was m .charge of the Ancient Briton Hotel on the night of July 17, spoke of Hardie arriving at the hotel about 8 p.m. and purchasing some rum. He stayed at the hotel about two hours. ; The manager of the Rarifurly branch of the Bank of New South "Wales was called by the ■Crown to state that he had purchased gold from Allan Cain on July 18. . " ••• ■■■: Shum had been selling, gold to the Bank of New Zealand, according to the munujrer of the Ranfurly branch, • the most' recent purchases being Boz. sdwt. 18grs. ( £ 31 145.) on December 6, 1927, and lloz. 4dwV(£42 16s .9d.) on May 18, "1928. ". ..:■■. ':-. . ■•■"■ •.'-■ ■'■■ '• '.: '".• ■;■'■'■...

"The accused was never m partnership with me — nor had he ever an interest m my. claim," stated James John Cain, whose claim is situated halfway between Naseby .and Mt. Baster.

He had employed Hardie for four or five weeks and had paidjwages amounting- to £16, the last payment being £6 on July 5. ■

On. leaving Cain's empldy, Hardie worked with a prospecting box, a method which witness defined as "out-of-date." ; Samples. '■ of gold' received from Cain's claim had been handed to the police; Hardie had at no time obtained gold frohi Cain's diggings. This evidence completed the second day of the hearing. Moses Brown, a miner of 48 years' experience, resident at Kyeburn diggings, next took the . box. , The claim Shum had been working, he said, was an old one which had been abandoned about 15 years ago by other Chinese diggers. Shum had been working on it for a few months before 1 the tragedy. . •--;.'

Referring to samples pf gbld from Shum'sSclaim, Bfown J declared the gold to be different m every respect from any he had encountered m- the many gold-producing- districts of Kis ions experience. " "I have never come across gold, of the same rusty, oxidized appearance m any other place," he said. Comparing gold taken from Shum's claim after his death, with gold sold to the bank by Hardie, witness said the samples were identical.

Lawyer Hanlon: Did you not say before m the lower court that unless you saw the samples come out of the boxes, it was impossible 'for you to say with certainty? — I'm absolutely^certain the samples are identical. 1 ... do not see how ,1 could have made that statement. .

It was read over to you and you signed it ? — Yes, I signed it.

' Why didn't you rectify it, if it was not true ?— Perhaps I did not detect it.

In reply to a lengthy interrogation by Lawyer Hanlon, Charles Thomas Hore declared that there was little .possibility of a prospector dropping across what counsel defined as a "pocket" of gold m the locality worked by Hardie.

"But what about the whole of the Kyeburn?" 'counsel . pressed. "Patches have been found,"- witness repliedj "but not recently."

Counsel: Then the place is just about worked, out? — Yes, just about.

"But I notice a lot of miners here at this trial who live m that district; what do they live by— mining?" counsel inquired, with a sweeping glance round the court.

"They are working the Deep Creek locality, on different ground," was the reply. ' ■ ; ••-. '

His Honor: Could you expect #y to get payable gold m that locality with a sluicing-box? — There wou|d be no~chance.

Hardies Statement

Details leading up to the arrest of Hardie were given by Detective Robert Lean, who stated that— accompanied by Detective Roycrof t — he accosted accused m Cumberland Street, Dunedin, on July 19. \

Hardie was apprised of the object of their interview, to which he replied: "I would not murder any Chinaman!"

After the orthodox warning, Hardie said: "I am not afraid of anything I say. ; I know nothing about the murder of the Chinaman at Kyfeburn.T I do not know, any Chinaman-at Ityeburn."

'In a later statement to the police, Hardie detailed his movements during the previous few days and denied that he had any knowledge of the shooting or had ever shown any photographs to Shum.

In a wallet m his possession were found a card indicating that 2oz. of gold had been sold to the Bank of New South Wales at Ranfurly on July ,18, and some photographs, which included several of the Exhibition.

' On being told that Sue Pee was being brought down from Naseby to attend an identification parade, Hardje remarked; "The' sooner :he conies the better." He was detained m. comfortable quarters at the police station.

At 11.30 on the morning of July 20, following the identification parade, the detectives arrested Hardie and charged him with murder. He had nothing to say to the charge..

Warned that Sue Pee . was to be shown the photograph's found m his wallet, accused observed: "The Chinaman .will* identify the photographs of the Exhibition. I know that Chinaman how; I showed him the, photos at the Kyebui'n Hotel about six weeks ago." • Sue Pee, said witness, had identified four of the photographs. - '■ \ . ' ■' Sub-inspector John Fahey, who was present at the identification parade, described SuePee's hesitation, which the interpreter ascribed to fear, though Sue recognized Hardie m the. rank; Lawyer Hanlon: You had to say again and again to Sue Pee that he "had to select the man?— Yes. . ' And Sue Pee wouldn't do it?— -No! How long did this go on ? — From half to three-quarters of an hour. Finally, did you say that you couldn't be there all day and that he would have to make up his mind?— Yes, I told the lady interpreter. . When she told you that he was afraid, did you teir her to assure him there was no necessity for fear ?,^- Yes. I don't understand why, after arresting accused, anything should have been mentioned about photographs 'and that they were to be shown to Sue Peei Was it to get Hardie . to talk ? — N0... ■■ ■ .■■';•;■: ' : vv- ■•..'■-;■■ '■ -^'. -v ■::-> .•■■.' What was the.'object ' of speaking to him about Sue Pee coming down "to an identification '"parade?- — I .wanted to have him present. ' ' ..."/■ •''":/; It was not to get him to talk?— Oh; •no.' ■ .■■':[. ,;. "-.■-.'■ '..;. „'■ :■ :. : -.. ■■• . f. : The sub-inspector's story was supported by. the interpreter, Miss Eileen Low, a medical student, residing at the Chiries^Ghurch" manse, Carroil Street, Diinedin'.; -'' . ; " '...'■ : -,. : .: : ."- -..■■'.■-^■i- ■ ' '■'■■-" V- : '■. Technical eyidence. of a .; lengthy and extremely interesting nature regarding ■the numerous exhibits of gold was given by Prof essor ; Henry .Gardiner Black, : pi! the , School of Biining. ;, : v V

The discovery of the only footprint m the locality of 'Shum's claim-— an important link m the chain of evidencewas described by Constable ' Joseph.. Potts, who also witnessed the taking' of a plaster cast by Acting-detective Taylor. ' ;. j^ "How did you ■ know they were .22 bullets?" asked Lawyer Hanlpn of Charles Edward /Hazard, ..gunsmith, of St. Kilda, who testified to the calibre' '-of fbjujlets removed from the body offt^eAtfeadXChrne^e. "By weighing them/, repired witness. ■ "•'-•.:■■'-.' ''■ .-. '■'■ ''.■'■' ■. - ■ Counsel : Are you -sef i'oiis about that ? — Yes. • :^iJ.::-r::;fr-^^:r. . ■ .What is the weight- o£.^v»22 bullet?— T don't know i*>^«*4*c^.:, ! i«vi^-< • «-»«■••—>■•■-«•**••«' What was the weigh t^bf- these two bullets?— They 'were the same weight as' the weight of .22 long rifle bullets. Do not bullets lose a little weight after they are fired? — I am prepared to swear they are .22 bullets. .".". \ And tiow do.'ybu arrive at "that "con- " elusion?— Because they are the same weight as a .22 longbullet. " What is the difference between a ■- revolver, and. rifle .22 bullet ?— There is -J no difference. After numerous other concerning, the method, of ascertaining ammunition calibre, witness was asked to define ".22," "Twenty -two thousandths of an .inch," he replied, to the merriment of the court. «

Slipshod Methods

"I thought .22 would be twenty-two hundredths of an jnchrr-and I'm not an expert," observed, counsel, , . : . . "By Jove, ydu're. right'".confessedwitness,' somewhat confused. Counsel a rigorous examination "by sremarking before ■ - Hazard. left - the box:- "These . methods are far too slipshod for a serious case of this kind." , Harry Edward Skinner, manager for Sargbod, Son and Ewen's boot factory, Dunedin, arid, James Robert Lough, -manager of Ross and Glendining's boot \ factory, also of Dunedin, pointed - out similarities between the left boot belonging to Hardie and the plaster cast of the footprint found near the claim. Thus the third day closed. ■' When the hearing was resumed on Friday, the seating capacity m the public section of the court, was filled as, soon as the doors were thrown open. The first witness called m the morning was Henry Louis Paterson, surveyor, of Dunedin, whose evidence pertained to mathematical calculations to identify the cast of the footprint, \ found' at ;Shum's. blaim; /with the sole of'Hardie's left boot. '■■• • Taking, as a limit of accuracy two one -hundredths" of an inch, owing to the absence of a definite centre m the nails on the/boot and their corresponding impressions ■on the cast, witness detailed to the: jury the .45 nail-marks ' on the . cast • which corresponded to within four one -hundredths of an inch with relative nails on the boot. Yet another 34 : marks corresponded with the boot nails to within two onehundredths of an inch;-

Paterson had no hesitation m saying that if the cast were taken from the footprint, then the imprint was made with the boot which he had; examined.

To. Lawyer Hanlon: -"The boot would not fit quietly and definitely m every particular if placed. in the impression, owing to the moving weight of the body." ,

Counsel: But did you know it was a moving body ?t £ -No. .

And you will, say that If the impression were made three times, there would be three variations m length? — They would riot be exactly alike.

The Jury's Verdict

Why?^^^ca^^e^^fr^i!^e'}■sw^ig ; h.t, and the body jj^^^ii^^^r^n^i^S^ij .

The final .withess, Detective; Bonnet Farquharsori^.wfio ' ha^ charge oft, the police inyestigJttionsV : %aye ' : leiigthy evidence cohering the . greater. ;part of the Cr6wri"'case. •';•' " 4 ■■■■"■•''" •';-■ ■•';'"-■'

At 8.24 p.m. the jury returned rafter a retirement of over two hours. ■;.,

Hardie stood . up, placing his -hands behind his :back' and bracing his shoulders. ;: ■ Beyon d an occasional biting -of the lip, ;he betrayed no indication 2';bf emotion, v^ •>■ / :; ' ■■< . : " -cCV

"We find accuse^g^ilty^9f/^rani 5 slaughter/':':annpunced the fpr^ernajt,^ and Hardie dropped;hisgaze^,r^£^wy

A, hush-T-rtheri his^horior Vspbketr:*''! thank you fortyour most careful'attention to your duties m this case. I thank you m the -name ofAtlie country and :*regret\the ; 'unavoidable, inconvenience you have suffered during the past few days and nights. You will be flu.'-: ally - discharged v arid ; release v fjL^;o£;j the duties of jurors for three^i^eatr^.-i; " i v ; c

"Further, "L wish' 'to meritioiff^tha^ I; consider the conduct ' of the police m this case as being worthy of. my highest commendation. They have shown great promptitude, diligence and intelligence; and, in' my, mind, ahsplute fairness to the prisoner." ' ■ > > Sentence was deferred.