THE SOUTH DUNEDIN TRAGEDY.

Otago Daily Times, Issue 9941, 9 January 1894, Page 4

THE SOUTH DUNEDIN TRAGEDY.

THE INQUEST.

V&RBICT OF WILFUL MURDER.

The coroner's inquest ihtd the circumstances of the] death '(•i William Mudge was resumed at ttoe Resident Magistrate's Court at 2 o'clock yesterday afternoon before Mr E. H. Carew (district coroner) and a jury of six (Mr James Robin foreman).

* Mr Inspector Pardywas present on behalf of the police; the Crown prosecutor (Mr B. C. Haggitt) appeared to assist the coroner; and Mr A. C. Hanlon appeared to Watch the proceedings on behalf of lUchard Dobson and Eberharut ICiif nev, £he two men who ate under arrest on a Charge ot mlirder, and Who Svere also present The first witness culled was

James Stenhouse, licensee of the Pioneer Hotel, on the road to the Ocean Beach, who deposed : I remember the night of Sunday, the 24th Decenv ber. I was at homo that evening. Remember Mr Absolon-Smith being there. He arrived at 20 minutes to 11. I happened to look at the clock mst before, and Kutledg* calling my attention to the clock being slow I put her on to a little past 11. At that time a knock camo to the window. That would be about five or six minutes U by r»y -clock, which was two or three minutes fast Tho knock was repeated at the back door or kitchen door. I went and asked who was there, and a woman's voice said, " It's me, Mr Stenhouse; open the door.' She knocked sharply again and saidj For God's sake, Mr Stenhouse, let me in." I opened the door and I did so. Tasked, "What's the matter?" I recognised the voice the second time as that of Mrs Walker. She said when I opened the (door. " T\Vo men have been stabbed in front of our place." She followed me into the sitting room, where Smith and Rut-ledge were sitting. I called my wife, fcut my hat on, and went out with Hutleilge and Smith to see who it was that was stabbed. Before we went out Mrs Walker spoke to Smith and Rutledge. I did not hear what she said. I went with Smith and Rutledge to Jones street. We saw "uncle," as we always called Madge, lying on the footpath. Sergeant Brown and Constable Dale were then there, and a crowd. I went straight home, told my wife who it was that was stabbed, and Went back to Jones street. I helped to put Mudge into the express and then returned home, and on getting inside saw Mrs Walker speaking to my wife.. My wife Baid that Mrs Walker didn't want to go home, but wanted to stop for the night. I said no— that Bhe must go home, that Mudge was away to the hospital and everything was quiet. I opened the door and the wife and I went with her a few steps down the road'so that she could go home. As I opened the door I asked if she knew anything about it, and she said that she did not, that she was asleep in her bed when Mrs Greaves woke her up to tell her. She left my house about 25 minutes past 11. She was perfectly sober when she came, but terribly excited. She was fully dressed, excepting that she had no hat. A shawl was over her head. I saw neither Dobson nor Kiifner at my house that evening. Mudge was there about half-past 10, but only stopped a few niinutes. Oliver was with him. Ashton was not in my house that night. ' Mr Haggitt asked the jury if they would like Mrs Walker recalled. The answer being in the aiiirmativf,. Catherine Walker was brought in to tho court. .. , .

Mr Haggitt: You told us the other day that when you went to Stenhouse's you did not know that anyone had been stabbed. Witness: Yes, I recollect that. Mr Haggitt: I told you then that Mr Smith said you stated that two or more men had been stabbed in~tront of your place.—Witness: I did not say that. I utterly deny it. I did not see anyone stabbed, and how could I have said so 1 I said thero had been a row. I am positive I said that. Mr Stenhouse must be greatly mistaken. Both Smith and Stenhouse say you said so.— How could I havo said so when I did not know ? I did not know of the stabbing till next day. His Worship: At what time?—l could not exactly say. Do you mean after daylight?— After daylight, your Worship. Further examined, witness said : I was sleeping that night in my own room. I was alone. • I slept there after returning from Stenhouse's. I went i straight to my room. I spoko to Mrs Greaves and I Mrs Kyle at the gate and bade them good night. Mrs Kyle slept with Mr 3 Greaves. I did not mako inquiries. Either Mrs Greaves or Mrs Kyle told me that somebody had been hurt. I did not inquire how much they were hurt, or anything about it. I don't know even now what the quarrel was about. There was no fastening on my window when I wont there, so I told Mm Greaves, and she had a nail put in. That fastening has never been removed so far as I know. I have never opened the top fash.

To a Juryman (Mr Spears): My room is aired by opening the front door. lam positively sure that the window has not been opened since it was nailed down.

Tho Juryman asked witness whether she expected the jury to believe that what she had said in contradiction of witnesses Smith and Stenhouse was true, and Mrs Walker replied that she had told the truth.

Mr Spears : I tell you emphatically as a juryman that I don't believe anything about it. Constable Dale, the next witness, said : It was about 11 p.m. on December 24 when Adam Kyle told me that there was a disturbance ia Jones street. He said some men were kicking up a row. The distance I had to go took me four minutes and a-half. I saw Mudge lying on the footpath,' supported by Mr. Casey. Ten or a dozen other people wete present. I asked Casey what was the matter. He said, "Mudge is stabbed." I said, "Where?" He replied, "In the leg." I looked down and saw that the left leg was saturated with blood. I also saw a large pool of blood under Mudste. I threw off my caps and cave it to Harley. I knelt beside Mudge and called for a pair of scissors. I have attended three courses of ambulance classes, -■ and I knew what.waa the proper thing to do to render first aid. I ripped the trousers and drawers to the thigh. I then cut the clothes across, and saw a large wound on the thigh. I rubbed my hand tightly over the wound, and waited two seconds or so to see if there was any bleeding. There was none. Seeing no bleeding, I came to the conclusion it was only a flesh wound, but, for safety, I called out for bandages, Some were brought, and I made a pad as thick again a3 my gloves, and put it immediately on top of the wound, and then started to bandage the leg. At this stage I sent Harley to the police station at South Dunedin to inform Sergeant Brown, and to tell him to telephone for a doctor, and to come himself. I bandaged the leg with the material brought to me aa tightly as I possibly could. I loosened the shirt collar at the throat and put the man more in a lying position. He was sensible. After bandaging the leg I went out into the crowd, as I heard some of them Eaying there was a second man stabbed. When I got out someone said,

" Look at the blood there." I said, "Whose blood is this?" Someone said it was Sludge's. Seeing the quantity there and knowing of the quantity lying under Mudge I saw it was a serious matter. I went back to Mudge to make sure that there was no bleeding. I examined the leg, and there was none. I noticed Mudgo's face turn very pale, his Hpa also, and his eyes turned upwards. I told Casey to get some straw. Someone relieved Casey and he brought a bundle, which was placed under Mudge's shoulders, Sergeant Brown arrived, and I told him v;hat had been done. He asked if there was any bleeding. I answered, "No ; but you had better come and look for safety." We went back to Mudge, and I rose the bandage, and there waa then no bleeding. From something I had heard I went to Mrs Greaves'a house in company with Sergeant Brown. lie knocked at the back door. Mrs Greaves camo to the door. She appeared to be very excited and crying. The sergeant said, " Who lives here?" She replied, ' Nathan Greaves." The Eergeantsaid, " Where is he?" Shereplied,"Onthegoldnelds,"andsheadded " Come in. We went into the kitchan, and sprue conversation passed between tho sergeant and lira Greaves which I did not hear. I then heard the sergeant pay, "Who ia in here? Is there a German here?" Shesaid, "There is a man, Dobson, in the bedroom there. The sergeaut said, " I want to see him." Mrs Greaves went into tho passage and stood at the back bedroom door and said, "Dobson, come here; you're wanted." I heard something creak like a bedstead, and Dobson came to the door, passed into the passage and into the kitchen. Sergeant Brown said, "There has been a row out here, and some men have been stabbed. I want to havo a talk to you." I said, "Come outside; we can do our business better outside." We wont outside. I went first. I went out on to the street for the purpose of getting someone who could identify Dobson. I got hold of Ashton at the gate of Mrs Greaves's right-of-way, and as I was bringing him up to the sergeant and Dobson he collap3ed and fell down. Sergeant Brown said, "Dale, come here." Hooked round and saw Sergeant Brown with his hand inJJobson's right-hand coat pocket. I saw him take a knifo out of that pocket. The knife produced is the one. Sergeant Brown opened it. I saw stains of blood on the large blade. The blood was not dry. There was a lot more blood than is on it now. It showed almost to.the bottom of the blade. The blade is very sharp. Apparently it is a new knife, not one sharpened up. As the Bergeant was opening the knife 1 heard Dobson say, "That ia mine—the one I used. I done it in self-defence." I said to Sergeant Brown, "You tako charge of Dobson; I'll attend to the injured man." I forgot to state that at the time I sent Harley "for a doctor! I told someone else to get an express and have it in readiness. I went on to the street, and with the assistance of Magnus Johnston and others I took the straw from under Mudge and put it into the express. Ashton by this time had come out and was standing near the express. I told him to get up into the express, and he got up on tho front seat. I was not satisfied about his being there, and lifted him over the seat into the body of the express. I and others lifted Mudgo into the express and laid him on the straw. I got into the express and knelt alongside of Mudge, and held him to keep him as still as possible. Mr Johnston took charge of Ashton, and held him. We arrived at the hospital at 11.45 p.m. I wbb met at the door by Dr Hogg and two assistants. On the road to the hospital Mudge repeatedly called me by name.' I assisted to place Mudge on a stretcher nnd carried him into the casualtyroom of thehospital,andafterwards helped to carry him into the ward. I was at the hospital when Dr Hogg said that Mudge had succumbed. I left Ashton in the hospital as a patient, and went in the express to the central station. I produce the trousers worn by Mudge and also those worn by Ashton. The drawers worn are in my possession. After I had been in the station a short time, from somothiug I heard, I went outbide and saw a buggy there with Kiifner sitting in the front seat. I'hat was the first time I saw Kufner. I told him to get down and come into tho station. We both went into tho watchhouse. I cautioned him, and charged him with the murder of William Mudge. He replied, " I enow nothing about it. All right." I searched him, and in his right-hand vest pocket I found the knifo I produce. I examined the knife, but did not find blood stains upon it. I al-:o searched Ktifner's clothing very closely. There were no blood stains ou them. His hands were also free from blood stains. Kiifner was arrested two hours after the occurrence. I was there when Dobson was brought out of his cell, and I heard Sergeant Brown explain to him, "You have been prevloufly charged, with stabbing, but you are now charged with the murder of William Mudge, as heisdead.1' Dobsonsaid, "Dead! lam sorry for it. Ihavetoldyouthetruth."Dobsonwasthonbrought into the watch-house, and I saw the handkerchief and collar produced taken torn him. There are blood stains ou the handkerchief and a blood stain on the outside of the back of the neck of the collar. I did not find auy blood stains on his clothes. There was a mark over Dob3on's right eye, a slight abrasion of the skin—recent and bleeding slightly. ,

To the Foreman : He. did. not appear to be much knocked about the face. I only noticed the Bkin broken above the eye. :'■■ ■■■. , . ; To Mr Haggitt; I did not notice any marks oil' Kiifner. .

To Mr Hanlon: I noticed no black eye, and I saw Dobson at 1 o'clock or after. I did not notice wuises on his face. lam not sure which eye the abrasion was on; but it wag on the side of the oye. It was out at Jones street that I noticed the abrasion on Dobson's eye was bleeding. I did not notice that it was bleeding at the station. At the station I saw no blood on Dobson, excepting on the collar and handkerchief. I did not hear Dobson asked to take the collar off. the sergeant unbuttoned it in front, aad Dobson s hands wereup fumbling about it, but I took it off. To Mr Robin : I should say it was wrong if any-* one says that on the following morning his face presented a battered appearance. If it had been battered badly I should have noticed it. To Mr Hanlon : I have not noticed at any time since his arrest that Dobson's eyes were both blackened.

To a Juryman; 1 put a pad on Mudge*s leg. Ihe pad was large enough to cover the wound. Dr Hojrg cut the bandages off with scissors. I wanted to undo them'as I knew how I had put them on> but the doctor preferred to cut them off, and he cut through the pad and did not observe

Sergeant Brown deposed i At about eight minutes past 11 o'clock at night on December 24 a young man named Hurley came to the police office, and told me that a mp.n had been stabbed in Jones Btreet, and that a doctor was wanted. I sent Harley to Dunedin for a doctor," and went to Jones street. On-arrival there I found Mudge lying at Casey's gate, having his head and shoulders supported . by. Mr Casey. Constable Dale and a number of other men were standing close by. I saw a large pool of blood under hid leg, and asked the constable if there was any bleeding. He replied he did not think so, but we would have a look. Tho bandages were undone, and I saw a wound 2in or 3in long on tho inside of theleft thigh. It'was not then bleeding. The pad and bandages were then replaced. Mudge's face was pale; he was very cold, and his eyes turned up. I considered he was in a halt-con-scious'state. On looking round I observed blood on the ground extending for a distance of ISft, and opposite Mrs tireaves's right-of-way gate for a distance of 3ft there was a considerable quantity of blood. Ashton Came up to me and told me he was stabbed In three places. I found a wound on his right thigh, one on his left wrist) and another on the right side of his head. The wounds on the thigh and wrist were bandaged. .1 begged of him to keep quiet, and told him that a doctor or a conveyance was expected every moment. I then went with Constable Dale to Mrs Greavea's house. Mrs Greaves came to the scullery door. She was crying, and appeared to be veTy excited. In the kitchen we found Mrs Kyle. I asked Mrs Greaves if there were any men in the house. She hesitated for a moment and then said, "Yes; a friend of mine—Mr Dobson." I asked where he ho was, and she pointed to a'bedroom. Mrs Greaves then went to the door and called Dobson, who came out and said, "What's the matter?" I said, "There has been a row outside. You seem to take it pretty coolly." I then asked him to come outside. On going out of the scullery he said, "Yes. I only did.it in self-defence. Seven of them set on to us., I did it to protect a woman." At the corner of the house I met Ashton standing against the fence. Dobson stopped and I felt hi 3 pockets, and'in the outside coat pocket I found the knife produced. I opened it and saw fresh blood upon the large blade. The blood extended from the point half-way down the blade. After opening" the knife I called Constable Dale and showed it to him. Dobson then said, " That is my knife—the one I used in self-defence. I'll tell the truth, if I Bwing for it. A man can only die once." I put the knife in my pocket, and Dobson and I walked on to the street. Dobson recognised Mr Absolon Smith and said to him, "This is Absolon Smith. You "know me." Mr Smith replied, "I know your face, but I can't recollectjrour name." Dobson then said, " What I have done I did in self-defence; j seven of them were on me, called the woman Greaves bad names. I only protected a woman. I would do it again; a man. can only die Once." At this stage Mudge and Ashton were put into an express for removal to the hospital. They went -by the Anderson's Bay road. A few minutes afterwards Dr Macpherson arrived, but did not see the patients, as he had come by the Main road. At this time I was informed that there was a German concerned in the stabbing, and that he resided in Dunedin. I arranged with Casey, Harley, and Counter to be on the look-out for the German, and I would go on to the police station with Dobson. I was not many minutes there when a telephonic message came from the hospital stating that Mudge was dead. Subsequently Kiifner was brought to the station, and on being charged said, "I know nothing about it. All right." The witness then corroborated the evidence given by Constable Dale as to searching Kiifner and Dobson, and stated that the scratch over Dobson's eye had bled a good deal, and that Dobson had complained of it. Witness continued: On being charged with wilful murder, Dobson replied, "Dead! I am Eorry for it. I have already told you the truth." The next day, and several days after, Dobson had black eyes. On. the-night before Dobson's eyes appeared red, and he looked as though he had been fighting. From Hutton's Hotel to the corner of Jones street and Waverley road the distance is 94yds, and from the corner of Bay View road to Ashton's house is Ssyds, arid Jones street from Bay View road to Oxford street is 140 yds, and its breadth from fence to fence 33ft. From Mrs Greaves's to Mrs Kyle's house, across the section, is Ssyds; from Stenhouse's to Hutton's Hotel (iOyds, aud from Mrs Greaves's gate to Ashton's gate 33ft; Ever since the occurrence I have made inquiries as to the two men who were said to have called at Mrs Greaves's house on Sunday afternoon and osfi learn nothing of them. Everyoue who knows anything about the occurrence has been called as a witness.

To the Coroner: There was no blood inside Mrs Greaves's gate. lam certain of that. There were no signs of struggling. The right-of-way is paved with bricks, and bore no signs of a struggle. If there had' been a struggle there, there must have been marks of it on this bricks. >

To Mr Hanlon: The right-of-way has bricks up the centre, with clay on each Bide; and a struggle would have shown more readily on the clay than on the bricks.

To Sir Haggltt: Sign 3of a struggle would be left, but not signs of ordinary walking. Treading unevenly or twisting about in a struggle would' leave marks, when Svalking steadily would not do so.

Mr Haggitt: That is all the evidence I have to call.. Of course, if Dobson or Kiifner tx pr either of them, choose to give evidence\they are quite competent to do so; but Ido not propose to call I them, as the charge is manifestly against them; The Coroner: Do they understand that 1 Mr Hanlon : They understand that, your Worship, and propose to give no evidence here unless they are put into the box by my learned friend. THE CORONER'S CiIAROE.

His Worship, in charging the jury, said : The evidence shows clearly that tbo deceased, William Sludge, died from loss of blood, caused by a deep cut or stab in his left thigh, and there is evidence pointing very distinctly to the wound having been indicted by either Dobson oi: Kufner. If you are satisfied that is so, it is not necessary that you should Vie able to decide who gave the fatal blow if you are satisfied the two men were acting in concert with a common design of inflicting sonic bodily injury upon those they attacked. There is the evidence of Oliver that lib saw a knife in Ktifner's hand, and Harley said that he saw a knife in Kufner's hand, and that he saw Kufner strike Mudge in the leg with it. No witness has said that ho saw a knife in Dobson's possession, but Harley said that when Oliver caught hold of Dobson the latter had apiece of jagged wood in his hand, but he did not see him do anything with it. Although he was not seen to hsve or use a knife, you havo the evidenco that after his arrest he made a statement to Absolon Smith to this effect: " What I've done I've done in selfdefence, and I'm not ashamed to own it.. I would do it again. I did it in defence of a woman." Afterthis he said, "A man can die but once. Then there is the evidence of Sergeant Brown and Constable Dale given to-day, that when he was searched a knife was found in his pocket, that it had fresh blood upou it, and that ho then made a statement. The statements vary a little, but are the same in substance. Dobson then said, "That is my knife—the one I used in self defence. I will tell the truth, if I swing for it. A man can only die once." You have also the evidence of Edwin Alexander, that he saw Dobson on the footpath by the side of Mudge, when Mudge was lying there, and thathe heard Dobson say, "Idid not do it all; there are more in it than me." As Mudge had only one wound the evidence is conflicting as to which of the two, Dobson or kufner, struck the fatal blow, if either did it j but there is evidence-upon which it is open for you to find that each of them was armed with a knife, and that they were supporting each other.' Then if you find there was concerted action, and that; the fatal wound was inflicted without justification— and there is evidence of none, that I can see—you will have to consider whether your verdict shall bo murder or manslaughter. Murder is defined as killing another withinalice aforethought either express of implied; while manslaughter is the unlawful killing of another without; malice, either express', or implied. Express malice is when one with a sedate and deliberate-mind and formed design doth kill another, which formed design is evidenced by external circumstances 'discovering that inward intention: such as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm. In many cases the law will presume malice though no particular enmity can be proved. For instance, if a man kill another suddenly without any or without considerable provocation the killing would be murder; or if two persons quarrel and afterwardß fight and one of them kill the other— in Buch a case, if there intervened between the quarrel and the fight a sufficient cooling time for passion to subside and reason to interpose, the killing would be murder. But in all cases to reduce a homicide upon provocation to.manslaughter it is essential that the battery or wounding appear to have been inflicted immediately upon the provocation beiDg given; for if there be a sufficient cooling time for passion to subside and reason to interpose and the person provoked afterwards kill the other, this is deliberate revenge and not neat of blood and accordingly amounts to murder. There are discrepancies in the evidence that are difficult to account for, and I don't know what view yon may tako of it. There seems to have been a disturbance at Mrs Greaves s house earlier in the night, when it is aaid two strange men tried to force themselves into the house, and Dobson appeared on the sceuo. This appears to be tho only explanation of Dobson's statement after his arrest. 1 need scarcely say that is no excuse for any part Dobson subsequently took in tho attack upon Ashton and Mudge, and would not havo been if Mudge had been one of those two men, which there is no evidence to show, and, I think, no reason to believe. Kiifner does not appear to have been present, or to have taken any part in that disturbance, but subsequently he and Dobson appear to/have been lighting against Donaldson and Ashton at the corner of Jones street and Bay Afiew road, and it was from this time that Kufner's grievanco seems to have commenced.- Hnrley says that after the fight, while Kiifuor was looking for his stick and pipe, Kiifner took his knife out of his pocket and said, " I will use it on you." After thia he was heard complaining to ■Isellett that he had been hit in" the mouth, and that ths men had taken away his meerschaum pipo and his walking-stick, and had hit him unawares, and he added that he was prepared for them now, and the.evidence is that he frequently repeated this statement. There is evidence here that Kufner meditated revenge upon the imen he had been fighting with—that js Donaldson and Ashtou. The next scene is some time after, when it seems that Ashton received a blow on his head and two stabs. Mudge then seema .to have rushed in, and in a moment, and apparently without any previous quarrel between him and either Dobson or Kufner, ho received his death blow. 1 have only now to state that the law presumes every homicide to be murder till tho contrary

appears. I have referred only to , some of . the principal points in the evidence; you have, of bourse, the whole of it before you iipon Which to find your verdict. ■ '■■■■' .

THE VERDICT,

The jury retired for about 10 minutes, and on being asked far their verdict . , '■-.'■.

The Foreman (Mr James Robin) said: "We find; your Worship, that William Mudge died through loss of blood, caused by a wound in the left thigh, which Dr Barnett, who made the post mot£em examination, finds had pierced the femoral vein. We further find that the said wound was.inflicted either by Richard Dobsbh1 or Eberhardt Kiifner, and that the aforesaid Richard Dobson and Eberhardt Kiifner are guilty of wilful mnrder."

The Foreman also added the following rider :— "The jury wish me to add that they think it only right that each police station Bhould be connected with the central telephone station."

The Coroner then put in the prescribed legal, phraseology the verdict of wilful murder against the accused, and this having been- signed by the jurors, the accused were committed for trial, on theporoher'B warrant. ■ -■•■ . The jurora werethen thanked for their attendance and discharged. . ■ -