NELSON STREET MURDER

Sun (Auckland), Volume III, Issue 754, 29 August 1929, Page 1

NELSON STREET MURDER

Caffery in the Dock WITNESS ORDERED FROM BOX CHARGED with the murder of Thomas Levy at 119 Nelson Street on the evening of August 2, George Caffery appeared at the Police Court this morning. A sensation was created during the hearing of the ease when one of the chief witnesses for the prosecution was ordered out of the box, as being under the influence of liquor.

'UrR. E. C. CTJTTEN was on the Bench. Mr. J. F. W. Dickson appeared for Caffery and Mr. V. R. Meredith prosecuted. Tall, solidly built, and with thick black hair, and wearing a heavy tweed overcoat, Caffery showed no Interest in the proceedings throughout the morning. Arthur Langstone, an ambulance officer, said he was called to a house at Nelson Street shortly after 7 p.m. on August 2. He noticed blood inside the door and where the injured man was lying in bed there was blood all over the floor. The wound appeared to be over the pemoral artery and had been bound with a piece of shirt. Witness considered that Levy was dead, bnt did everything possible before taking him to the hospital, where he was certifled dead. Dr. Gilmour, pathologist at the Auckland Hospital, said rigor mortis had already set in when Levy was admitted to the hospital. There was a wound in the groin and the dead sian’s trousers had a l|in. cut above the right groin. The whole right leg was covered with blood, which was also splashed over his shirt and coat. The wound, which was more than four inches long and two inches deep, ran diagonally to the inside of the thigh. The femoral artery and femoral vein had been completely severed. There was also a clean wound on the left forearm just above the wrist. Death was due to haemorrhage. The wounds could have been inflicted by the knife produced in court, according to witness. “I have known Caffery for more than six years,” said George Frederick Cole, a hawker, living at 119 Nelson Street, which house he had shared with Thomas Levy and David Carmody. Levy occupied one of the front rooms. "I came home about five o'clock on the afternoon of August 2. Levy was at home preparing the tea.” After tea they had two women visitors. "I don’t know who they were,” said witness, who was very voluble. “I only saw them twice in my life before, and know them as Lovina and Betty. We all sat down in the front room, in which was a bed without bedclothes, where we had half a dozen bottles of stout and a ‘rigger’ of beer. Later, Caffery came to the house, evidently entering by the back and making a sudden appearance at the door of the room where the party was being held. He said to witness: "Come here! I want you!” Witness refused and when Caffery asked again. Bald “Take your hook! You’re not wanted!” Caffery said “All right! I'll get you!” He then went away. Two other men named Carmody and Gallott came to the.party after that. A short time later a knock came to the front door and Levy went to answer it, witness going down the passage to the back to get glasses to have drinks. "I heard a voice saying. ‘l’m coming in!’’’said witness. “Levy said ‘You’re not coming in here. Get out!’ The man at the door was Caffery. Then J heard Levy cry out, ‘l’m stabbed!’” Witness went back to the door, but could see nobody. Levy was in the room lying on the bed and bleeding. In reply to Mr. Meredith witness said he was not sure if the man at the door was Caffery. Mr. Dickson: Take that down, please! Mr. Meredith, to witness: How much liquor have you had this morning?

■Witness (offhandedly) : Oh, I’ve had a few pints. Mr. Meredith: I don’t think we should go on with this witness’s evidence just now. He has had liquor. We could take him later when the effect has worn off. Mr. E. C. Cutten: Well, we’ll have to make sure he doesn’t get any more. Mr. Dickson asked Mr. Meredith if he was accepting or rejecting the evidence that had been given so far. Mr. Meredith: It’s not a matter of accepting or rejecting. The man is not in a lit state to continue. Mr. Cutten: This witness can stand down and somebody can keep an eye on him. “Yes, certainly,” said witness jocularly, getting down from the witness box with a great clatter and disappearing into the witnesses’ room. VALUE OF EVIDENCE Legal argument took place between Mr. Dickson and Mr. Meredith as to

the value of the evidence already given. Mr. Cutten pointed out that if the case went to the Supreme Court fresh evidence would be taken in any case. Lovina Foster, a single woman, living at Wellington Street, Auckland., said she and another woman named Betty Rushworth called at Levy’s house before 6. o’clock on the evening of August 2 and were introduced to George Cole. She remembered a man coming to the door of the room and asking Cole to come out, as he wished to speak with him. When Cole refused the man said, “I'll get you. Cole!” Levy then showed the man out the front door. Two other men came in and joined the party later. “Some time afterward I heard what sounded like a bang on the door,” said witness. “Levy answered the door and witness could see Levy waving his arms to push somebody back from the front door. “Then I heard Levy cry, ‘Dave, he’s got a knife at me!’ Then Levy walked back to the room and fell flat oh the bed, saying, ‘l’m done!’ Blood was running from the bottom of his trousers.” Witness and her friend received a great fright and left the house hurriedly. Mrs. Betty Rushworth, a widow residing in Wellington Street, said she could see a struggle in the doorway between Levy and the man who knocked at the door. She could see a man striking at Levy’s chest. Then Levy staggered into the room saying, "I’m done!” and collapsed on the bed. She did not see the face of the man who struggled with Levy. (Proceeding.)