POLICE COURT.

Taranaki Daily News, Volume XXXXV, Issue 19, 23 January 1903, Page 2

POLICE COURT.

Wednesday, 21st January. Bef >re Mr R. L. Stanford, S.M. CHARGE OF MURDEH. •, ACCUSED COMMOTED POII TRIAL. I The hearing . f tho ch >rge against Walter Smith i.f murdering Thoross Ince at Moturoa on December 11th, was resumed. • Mr Kerr conduced the esse on behalf of the Or wn, and Mr Weston, sen., defended the accu^d. ! The first witness called by Mr Kerr was Joseph B-ough, fisherman, who lived in the same hue as Meyer. He said ' that on Drc-mber 10 b, about 1 a.m., I he was out on the beich with a candle I looking for " tei c»ddie." He returned to near his hut and saw a boat out near the nets belonging to Ince. Told accuse! that "Deafy" (Ince) was neir his na's. Accused launched his boat and went out to the nets. Witness also lannchtd bis boat and was on h's way to his nets when he met Soiith coming in. Smith said he had hit "deafy" on the ncse, and that " d afy " nas bl e 'ing all over the boa*. Smith also said " I'm not done with him ytt." He corroborated Meyer's evidence as to what occurred on the fv llowing day, aud also as to what happened at mid-night when Smith woke them up. ! Arthur Robert Brandon, an agent residing at New Plymouth, stated that on December 11th he had occasion to go down in the evening to the breakwater to s:e about fish that were supposed to be taken from the neti and also kerp wa*ch on a boat. He was engaged by Mr Sycamore, of Moturoa, to do this work, and was to get £5 if he defected the man. He left town a little after 10 p.m. on a bicycle, and on arriving at Moturoa took up a position behind a hut, which he since learnt was Mey«r's. Whilst there he heard some talk ooming from the direction of ( the hotel. When it ceated a person

"""» ««"" vuo uavi U'J wo UUb OCCU pied by Meyer. Witness ihea took up a p >sifQ.i among the lupins about 10 or IS paces from the hut. Recognised accused as the man who oaaoe down Accused wept to (he side of the hu and knocked, and then went to ihfront of the building, stopped for a minute, and tben went back to th< side of fcVe hut and starttd kicking. Whua he was kicking he heaid a (■math, which he took to be crocktry. A v.ace within tbe hut Biid, " What are you up to Smith ?" and accused replied, "1 will pay for it." Accused I then shifted his position to the fton and faid, "he was going down to , dummy's and he would him up." j Accused then proceeded across the green to I ce's tent. Witness shifted I his position towards the front of the building 'o are if tbe man was g ting t tike a bolt m tha haa<>Vi A<umoai4

wmt down tha beach to a boat that was lying there directly in a line witb Ince's tent. He followed him to 8 pi; ce where fish were dried on a fiame* w(rit. Wlitn sc us:d left the boil and cam- back witn«ss went back to i po'-itirn in the lupins and just aft>r wards hi ssw a glimmer, which ki considered was rubbish that bad beei ignited by the person he Wjs w.tching Af (r he saw tho g immer he saw ac cue d coming from the dirtction of thi fire, in a strop d pisi'ion, and tunning He re ognistd the man he had beei watching right through. As he wai satisfied accused was tot going out in i boat to iu'eifere with the nets hi walked ut> to where his bicycle was got it, and rode away to Oakura, Sa« ne cne else on the beach that nigh while he was there. To Mr Weston: Was a recent ar rival from Auckland. Arrived ther< from Home a few months ago. Oaoii to New Plymouth to at ait ss a privati det'etive. His arrangement with Mr Sycamore was contaiced in the lette pioduced. accus d make thi threats as stated. It was bright moon light. Followed accused, keeping undo cover. Returned the s*.me way. Ac cused could not have seen witness. Te Mr Kerr: Accused went direo to the boat, but instead of taking thi boa 1; went ripht up to the tent. Cor stable J, hn Mcßae, said he wen to Mo|uroa and brought a man name* Ince into the hospital. In company with Oons'able Lind he arrested ac cused abou f . 3 p.m. on the foreihore 01 the 12th December and charged h<n with getting fire to Inca's tent. H replied " I know nothing about it. : was in bed soon after 10 o'clock las night, and knew nothing about it til Ciptain Hoed cause down this morn ing." Witn'ss said "You were a Meyer's hut about 12 last night." Ac cused denied being near Meyer's hu the previous night and said he wa talking to Simpson en the road aftei laving the hotel and then weo I straight to bed 4cc ired persisted it denying h* was near M <yer's hut abu mirlnigh', but s»id be called out tohin to get up as he was passing, and di< not go to the hut. With Lind witnes paced the distance be' ween Meyer's hu and Ince's hut, and found it was 611 piers. It took six minu'es to wa'k it J'he d stance betw. e > Meyei's hut an< that of accused is about ten yards Saw a bedy at the morgue on Saturday morning last aid recognisfd it as thai of the man Ince witness had taken to the Hospital in D ctmberlast. Wber he fiist saw Ince on the tight of tb< fire the remains of two pairs of dr.iwen were barging abcut h-'s anklts. Wa< preaeot when they w«-re remove - ), and had charge of them tver since. Mr Wrston and the SM. had n< questions. Tho prisoner wss then formed] charged. In rrply to Mr Weffn, the S.M said he c nsiaered npnma facie case had been made out, Mr We ton faid he would call oni witness, av,d then receive his defence, He called E. R. 0. Gilmour, accountant in the r.ffica of Mr F. P. dot kill, who said that seme time ago Mr A. Herd rented a cottage from Mr J. 0. Davies. The deceated occupied a rojro. Rrrd complained tint Ince had not pad hie ren l -, aLd had let hu clothes get on &*e. Mr Kesr objected that this was not svideccp. Mr Weston said both Herd and Ince were dead. The S.M. sail it would be very wrong to admit such evidence, as it was pure gossip. Mr W.s'on h d hs

remedy, he c uld apfily to introduce • he question into the higher Court, and argue it there. I The accus d was then formerly com-1 mitted to s'and hU trial at »h> next sitting of tb-' Supreme Cou<t I ere. The Uouit than adj urned till 2 o'clock. i CHARGE OF ARSON. ' Walter Smith was th«u charged tha" on December lltb, at Moturoa, he d d set fie to a tent, the property of George Thomas lege,

Mr Kerr prosecii'xl, and Mr Weston B"n., defended ,10 u«d. It was arranged bv.ween Counsel that the evidence given ia relation to to the charge of murdor should not be repeated, but that each wituest should have a copy of his evi.lencs read over to him, and hi* Mgnature attached thereto. This course was adopted accordingly, Acous.d, wlio reserved his defenoe, was th«n committed for trial on this charge also.