j THE AIfCKIiAKD TRAGEDY

Otago Witness, Issue 2810, 22 January 1908, Page 38

j THE AIfCKIiAKD TRAGEDY

STUART COMMITTED FOB, TRIAL. (Fhom <#ub Own Corbespoitoent.) I AUCKLAND, January 17. The proceedings in connection with the recent tragedy at Kaukapakapa, by which a, man named Edward West, a gum digger, lost his life at the hands of a neighbour named William Stuart, advanced a further stage this morning, when Stuart was again •placed in the dock at the Helensville Police ' Court, charged -with the capital crime. The coroner's jury on the 9th inst. retnrned a verdjot of "Wilful murder" against the accused' man, who was formally charged at the court the following day, and on the application of Chief Detective Matsa-ck remanded until to-day. '■ The bench was oooupied by Mr Dyer, S.M. Mr Mays represented the Crown snd "Detective Marsack represented the police. ; Accused was asked whether he had a ' legal representative, and he "replied that he- would have one at the Supreme Court. Stuart throughout the proceedings preserved wonderful outward ' calm, and showed not the slightest tremor when the terrible charge was read. He "was seated throughout the proceedings, except when he stood up to speak, and then he held bis head up and -unflincliingily met "the concentrated gaze of a crowded courthouse. , Mr Mays said it was -unnecessary to out- ' line the facts, -with which all were well acquainted. The question was -whether the ■words which Stuart alleged deceased had -used amounted _to provocation. This was a question for the jury which could reduce the charge to one of manslaughter if it chose. I . Elizabeth Shanks -repeated the evidence given at the inquest concerning' Stuart's statement admitting that he had killed West, and explaining the surrounding ciroumßtance3. Stuart, asked if he desired to question the witness, replied firmly "No." ' John Hinds confirmed his former evidence, and stated that Stuart told him after the tragedy that West saw gum under the bed, and went outside and reproached Stuart> using bad language. Accused was * given an opportunity to question the witJies3, and he again answered " No."' James Shanks, labourer, deposed that accused and West passed his place on the 6th. Stuart asked witness to have a drink of stout or beer, as they had a few bottles. They were carrying a kit, but witness didnot see the contents. Witness declined their invitation, as he was not feeling well. Both appeared friendly, and he never knew them otherwise. On the afternoon of the t

tragedy witness was ill m bed, when Stoarfi came to his house-* «jd walked into his room, saying _" I have killed West." Describing the circumstances, Stuart said, "I hit pretty hard, with just one blow. What annoyed me most was what he said in connection with lnv mother. My mother waa a good woman." Mr Dyor, S.M. : "Any questions, Stuart?"— "No; it's all true." John Hawkins, agricultural department inspector, said that he was staying at Kaukapakapa, and went up' to Stuart's whare on learning of the tragedy. He found Stuarti alone. Witness asked if he had heard of the occurrence. " Yea," was the reply. "He is down there; I killed him." In at later conversation Stuart eaid that West remarked to him : " You ought to sell that gum ; I have sold mine." He refused, and West used bad language.- Stuart' added, "He fell like a cock. I allow no man to insult my mother. I hit .him on the spur of the moment and am sorry now." Stuart frequently repeated these statements, and appeared to be sober, as if he knew what he -was saying; but witness thought he had be"en drinking-. ' "There were a lot of empty bottle* round 'the whare, most having contained beer. Witness stayed -with Stuart '■some hours, until the police arrived, Stuart thanking him for such consideration. Dr Meinhold and Constable Tapp .gave evidence similar -to that «fc. -She "'nquest, accused asking no questions.. i Detective -Mar sack stated that iStaart, ' whom he accompanied to the 'inquest, recounted the circumstances of tie* tragedy frankly and without hesitation, exactly -as "he did to tSe -constable. "Stuart «p£eared to lay stress on the language used concerning- his mother. Witneeß searched .the accused, who bore marks- of -violence, -as from a. fight. On searching Stnaxt's camp "be found a small, quantity Tjf urjscrapect gum and two or tihree dozen empty upirie bottles and six large and three "email beer bottles, which had apparently been recently emptied; also two- small and -two large whisky bottles, the dregs of "the iformer being fresh. The place -*pj>eased to Tbfe die scene of a recent carousaL Accused desired .to <ask no -question*. Mr Mays intimated that this closed thg case. There was one other -witness, whose evidence was not -material at present, and he would be called at iihe .Supreme Court. Stuart was asked- il fee had anything to say* and replied in a firm tone, es before, "None, your Worship; I reserve ay defence." He was then committed *or trial at Auckland.-