Te Awaite Murder.

Taranaki Daily News, Volume XLVII, Issue 7737, 13 February 1905, Page 2

Te Awaite Murder.

ACCUSED FOUND GUILTY AND SENTENCED TO DEATH. (Per Press Assoclottcn.) WELLINGTON, Feb. 11. The Te Awaite munler case was continued to-day. | The Crown Prosecutor (Mr Myers), in addressing the jury, snid'j( juriea ! were not to convict on circuinjjw i "»1 'evidence, good-lKve to the liboV-.V <■' tho Counsel for tho defence ,hal only been able to show n. : i or disenpancics iu the witUMS'w' iwdii'ie. and Unix <Htcrepanc'es iea'ly Miiwul the honesty of tlu' wiln sses. He submitted that evidence oi i»»livo and threats wus very stio'.g. 'ihe Clown case was thae the miiiVir was dClilK'riitely iil l,lir,t " t ' ■ l!1(! '• ll, ' l -' l, out. j .Mr Wilford, for the defence, H.iid tho Crowr asked the jury " > linJ Ellis guilty because the Crown «,uld not iud anyone else, and they must have u victim. It win* beyond uar son to expect a man who hud liitt* leiiemu*. and whose cause bud been piejid'ied to give hjiuisvif ..p to ■ the police Witnesses lor ilu.' |cutii,n hud lied. The threats iu..»ffcd I o have been made by prisoner waruiuic words, and a moUve ci.ild i j not be diagnosed froiu words'. Soiie jieople used words Irot-.i bra- ' vado ; some heedlessly. What »ais the valtie of the words '• Wur.ted shooting?" Had they never, hiarj one man use such words against another? Counsel set ip ih* tbe|ory that Colldnson was kiil.M acciidentnlly by someone )>oaching on jthe run. It was unreasonable to jsuggett that one man would go 'to within twenty yards of another to shoot him when there was) a third : man close by. His Honour, summing up, reminded I tho jury that they had to be saliai beyond reasonable doubt not on- ■ ( ly thut the alternative of the guilt of the accused was not only, much i more probable than his innocence, ,but that the alternative of his innocence was practically excluded beyond any reasonable doubt. They | must be satisfied not that the accused might have murdered CoJlinor even that it was very probable he did murder him, but Uie evidence must satisfy them that he actually did murder him. Before • they could convict there were two • i qU M. "{?* the j " ry llud to ""Wider : i' [ ', "* u lhe Crown proved to their satisfaction all or any ot the circuniJtancts ixfliid on as provr'ng tho guilt of the accused ? (2; w u « the i r result of this proof such us would •ilead to the irresistible inference -that accused and no other must ■have committed this uct ? IDs Honour then proceeded to review the evidence given for the Crown. It hud been suggested that some of the .'.witnesses were untruthful and de--1 : IW. *.°. V* ""«•** °n accused. .He would leave it to the jury to . say whether the manner in which L ; these witnesses had given their "es- • IMcH T. rantCd SUt ' h a ™*J£. - FcDonough's evidence that he had seen accustM on the morning of the hurder was challenged on ut gVouni | tint he did not leave camp a s ho U'aid he did that morning' He i mred to point out on this that it I irequired very strong negative evi- ) dence to contradict positive evif deuce. Of course the prisoner's pre- - sence about the locality on the » I morning of the murder was a very 1 important element in the case. His | Honour also drew attention to ucprolonged absence from human keu, to his living on the proe ceeds ot depredations, and to his B having been arrested armed to the . teeth in u remote locality. B The jury retired to consider the y verdict at 4.25, and returned into 0 court at six o'clocK. Their verdict e was : "Guilty ; with a recommonda- ,. ion to mercy." v The prisoner heard tht announcement unmoved, and in reply to the usual question of whether he had anything to say FJllis replied "No" in a clear stleady voice. " His Honour said the rccommeiidar r tion to mercy would be forwarded to -jtheproper authorities, but he could e not encourage prisoner to tviv on , any result therefrom. Then, assum- - ing tho black" cap, His Honour pass-.-.edsentence of death, omitting the f | usual formula that "the Lord should - nave mercy on the prisoner's soul." a The prisoner maintained his unwavering calm during the recital of the sentence, at the conclusion of which ho was removed to the oils.