MURDER NEAR HOKITIKA.

Southland Times, Issue 918, 18 March 1868, Page 2

MURDER NEAR HOKITIKA.

STRANGE CONFESSION AND COMMITAL OF THE MURDERER. The "West Coast Times" contains an account of the commitment, before Mr Keogh, E.M., of James Douglas, accused of the murder of Hugh Carmichael, at German Gully, at the ■Waimea, on the 28th November last. After Charles Dry, Thomas Swainston, Sergeant McMoyn, and Thomas Williams had given their evidence, John Hickson deposed; I am senior sergeant of police sationed at Hokitika. At: twelve midnight on Saturday, January 18th, I entered the lockup at "Waimea, where prisoners James Douglas and Thomas Williams were confined. Constable Moneyham visited the prisoners at this hour, and whilst he had the light from his dark lantern thrown on the faces of the prisoners, I got behind him unperceived and unheard by either of the prisoners. I sat in the corner of the of the cell, behind the door. I then signalled to constable Moneyhara that I was in, and he retired and secured the door. Shortly after this I heard prisoner Williams say to prisoner Douglass, " I say, Jem, what about that man Hughey that you put away ?" Douglas replied. What are you talking about ? I put no man away. Williams said: Why, you told me when we were in the cell together at Hokitika that you had settled an old mate, named Aughey, and put him where no one would find him for a few months. Douglas replied : we are not sufficiently long together for me to tell you that. ■^Villiams said: But you did tell me ; how else could I know it ? And you also told me how you shot a lawyer at San Prancisce. Douglas replied : O, you must have been dreaming. Williams : Is it a dream about your shooting the lawyer ? Douglas (with an oath) : No, it is not, for I nearly blew the fellow's d d head off. Williams : How did it occur. Douglas : Why the fellow called me a liar: in the court-house, and I called him out next morning and blew his brains out. I could shoot any fellow at twenty-five yards, much less fifteen. Williams: And is it true you put Hughy away ? Douglas : O, go to sleep. I know all about it, and you may take what meaning you like out of that. Williams : It is rumored that you were seen at Hughy's tent on the night you put him away. Douglas :o!it is that d d fellow Dry 1 that is saying that. .lam to be up on Wednesday next,* and I suppose a few witnesses will be examined, and I will be remanded, and they will take me to Hokitika, I will be remanded from time to time, and they will bring a little evidence against me each time, and in the end they will convict me and hang me. I (sergeant Hickson), left the cell at four o'clock on the morning of the 19th instant, both prisoners were asleep when I left., At 11 o'clock on the night of Monday, the 20th or January, I entered the lockup »t Waimea, in the same manner as I did on the night of the 13th; piisoners Douglas and Williams were there. - I heard the latter say — as if resuming a conversation they had had before I entered — " Jem, I forgot to mention to you that it is rumored that a woman down the gully says that she saw a tall man like you at Hughy's tent on the night you put him away." Douglas : That is all a d d lie — I would bet £100 that if I was in the court-house to-morrow amongst others that that woman would not pick me out : I was never near her but once. Williams : Well, it is said that her child was sick on that night, and hearing the dogs barking, she looked out and saw a man like you walk away from Hughy's tent.i Douglas : Oh ! they are telling lies. WilHams : Well, it looks very suspicious] about your going away next morning. Douglas : What is is it to me if all the fellows in the gully were killed ; I might have stopped there longer if there had been water. Williams : Can I do anything for you? Douglas : No, unless you can get lawyer Button for me ; I think he will get me off. If I get off, and get a revolver, Master Dry, and Detective Brown, and Inspector Borham may look out. All I would ask would be two days to see my way clear. Williams: Have you nothing planted that you would wish me to remove, so that the police could not find it ?

Douglas » $?o, Williamai Hay* you nothing e»* to tell me ? Douglas \ No. I will not throw away a last chance, but if I am convicted you oan manage to b© in the courts u^a; it is sure to be crowded, and when tW are removing me from the dock, you oau hand me something that I can take my life with, Fojaon is better than a knife for if you are seen-handiftg me anything they are sure to search me at once, and I could take poiaon before they could prevent me. ■. „ Williams j How ami to get the poison P , Douglas : Go to the chemist and say that you have a dog that has been run over, and you cannot bear to see him suffer, and that you could not find it in your heart to shoot him. Then ask for a dose of strong poison that will put him out of his pain at once. > Strychnine is the best 5 you can hand it to me in a i small piece of paper, and then, when they I come to look for me in the morning, they will find, as the darkie said, that I am not there. Ido not care to die, but I will not be hanged like a dog. Let them shoot me or cut my head off, but not hang me. "Williams : Have you nothing to tell me about your family ? Douglas: No, it is time enough for that. 'No one shall know of them until the last moment ; all that can^ be said to them hereafter is that I diedin prison. I (Sergeant Hjck-son) kft the cell unseen and un&eaud 1 at 1 o'clock on the morning of thft 2&st. I left ifc in tbe same manner as? 5 entered it.. On j "Wednesday the 22n4, 1 entered the lockup at 11 30 p.m.. Prisoners "Williams and Douglas were there. Immediately after entering I heard them speaftn^ of i the murder of Carmichael. "Williams ■was asking Douglas why he was such, a. fool as to go to sleep after having put Carmichael away, and not know where hs was when he awoke in the morning. Douglas : The thing is over now and can't be helped. ["Witness stated that the notes he was then reading were taken immediately after he left the cell.] "Williams: If you had to go away at once or remain and not go at all, you might not be suspected; Douglas: Yes, only that fellow Dry knew that we were not on good terms. Williams : If the thing was to be done over again you would know better. Douglas ; Yes. Bat you see when a man is in a passion he does not know what he is doing. "Williams : "When you went to Dry's tent next morning you wouldhave settled him too only for the three Irishmen who passed. Douglas : That I would. "Williams : "Were you* afraid of the Irishmen or the dog that Dry had in his tent ? Douglas : I was more afraid of the dog, for he would kick up a noise, and hark, and run about and attract attention. Williams: Dry said he found Carmichael with his shirt pulled over his head — was it you did ifc ? Douglas : No. Dry must have done it when turning him over to look at him. "Williams: If you had settled Dry that morning as you intended, they would not have found Carmichael so soon ? Douglas : No, not for some months. "Williams: It was well for you that the night was dark, or they would have found your tracks where you dragged Carmichael from his tent to the hole. Douglas: Yes, but the distance is very short— about twice the length of this cell. Williams : You did not leave Hugh in the first hole you shoved him into ? Douglas : No. I turned him over and pulled him out, and chucked him into another hole close by. Williams : Was the hole you put him into first the one in which the axe was found? Douglas: Yes. Williams : Did you move the axe out of tbe hole you threw it into. Douglass: No. Williams: What about the half-ounce of gold you saw Carmichael hide when you were dividing mates ? Douglas : Why, the fellow, him and Dry chiselled me ; and one day, whilst my back was turned to Carmichael, I happened to look round, and saw him put about half an ounce of gold under a mustard [tin on top of a rock. I could not say exactly to half an ounce or twelve dwt. I then meant to have it in for the fellow. Williams : Where was Hughy when you came to his tent on the night when you put him away ? Douglas : He was in his tent ; and as he came to the door he said, " Hallo Douglas, is that you?" I said yes, I have come to have a settlement with you; with that he took hold of his tomahawk, and lifted it up, and I said — is that your game ? I ran out anp took up a waddy, and as quick as I got out, he was out as quick, he raised the axe ; I ducked and ! ran in under his arms. I warded off the blow with the waddy, and then knocked him down. I struck him with the waddy j it was a very heavy one, and the tomahawk being light I easily warded it off. Williams: Did he never speak after you struck him down ? Douglas: No. Williams : What sort was the waddy ? Did you bring it with you ? Douglas : It was a piece of firewood I picked up at the door of his tent. Williams : And how do you account for the two cuts in Carmichael's head, if you did not strike him with the tomahawk? Douglas : It was a piec9 of wood split like half round on one side and sharp on the other ; it would either cut or bruise. Williams : How heavy was it ? Douglas : It was a good heavy piece, about eight pounds, and I chucked it away afterwards. I think if the devil

had been there I would have cut hitiv down (with an oath), It was ihara work) it waa like a piaoo of iwora exercise. . Williams j Was it between nine and ten o'clock? Douglas t don't think it wm io late* X think it was about eight o'clock. Williams t Waa there a light in Httgby>i tent when you went down ? Douglast Yei. Williams : Bid you put it out ? Douglas i No, Williams i Then you had no light in your hand when you dragged him to th« hole and chucked him in P Douglas i No fear ; do you think I wai mad f | Williams : Then how is it that it was said that you were seen with a light in your hand ? Douglas: Oh! the fellows are telling lies. ■'""•, Williams : What money had Hughy on him ; did you take it I Douglas : I don't know what the feK low had, I did not take it. It must have, been that fellow Dry who took fc Williams: Well you had the.satisfaction for his chiseling you out of the half* ounce of gold. Douglas :• Satisfaction, no ; I have ndfc had it ; If I get off I'll do for Master Dry and more of them. I would do the thine fifty times over again, on to-morrow and think nothing of it. Williams : It is well that no one crossed your path that night. Douglas : It was, for I would do for my fellow. ■ ' , Williams^ I should not lika to, have : met you that night. i Douglas : No ; nor would I. Now you know all about it, and you have my life^ in your hands. ■ Williams * Can I do, anything for you ?• Douglas : No, but get the lawyer But* ton for me. Williams: Will I tell him about the. half ounce of gold? Douglas : Are you mad ; if you speak of that all is up j they will then Bee that I had a spite in for him, and nothing would save me. The lawyer would see at once that I was guilty, and he would not take such a case. You must tell the lawyer that Carmichael and I have never had a word, that we lived on good terms, and that Dry and he did not agree, and that Dry settled him, and now wants to put it on to me. I will get off if I can, but if I can't why be d — --d to it. I then said: Well, Douglas, I have been here all night, and have heard every word you have uttered. I am seniorsergeant : Hickson, from Hokitika, and there is not a whisper you have uttered to Williams that I have not heard. Douglas : I have said, nothiag to Williams. - I said : Yes, I heard you tell Williams how you murdered Oarinichael, and now if either of you utir I will blow your brains cut. I then called aloud for constable Monevhtn, who entered with a light. I then said, Douglas look at me and know me. You recollect I was withMrßorham at the hospital on the morning that he arrested you on suspicion of having murdered Carmichael. At the stfme time I held a lamp so that prisoner Douglas could see my face, ana he said, Yes, I recollect having seen you before. I said : You were then arrested on suspicion, but I now arrest you formally on your own confession, and I warn you that anything you may say may be given in evidence against you. Prisoner Douglas said nothing. I then separated the two prisoners, and instructed constable Money han to keep watch day and night, as I had heard him threaten to take his own life. I then left the cell ; it was a quarter to two a.m. of 23rd January, 1868. The prisoner was fully committed for trial. .