KAPONGA MURDER CASE.

Taranaki Daily News, Volume XLVII, Issue 81851, 26 September 1906, Page 2

KAPONGA MURDER CASE.

CARL SCHICKER ACQUITTED. EXCUSABLE HOMICIDE. DECEASED'S INSANE JEALOUSY.

At the Supreme Court yesterday, Carl Schicker, a young man of apparently 21 or 22 years of ago, was charged that he did on the 30th June, 1906, near Kaponga, kill and slay one John Rollins, the indictment for murder being reduced to manslaughter by the grand jury. Mr Kerr prosecuted for the Crown. Mr Samuel, and with him Mr G. P. Wake, appeared for the defence.

The following- jury was empannollcd:—Michael John McManus, Francis Poland, J. T. Collins, W. J. McKcc, Peter D. McGregor, Edward I Hunt, A. T. Thomson, S. Hurleston, | James Taylor, A. li. Good, M. Andrews, D. Laing (foreman]. j Mr Kerr outlined the case for the prosecution, reviewing the evidence. Albert Ulricli gave evidence thai on the night in question he and John Rollins had been walking on tie Eltham-road towards Kaponga. They met Steincr, and went with him to do some work, after which they were to go on to Kaponga with Steiner. Af ier doing the work at the shed, they all went cowards Steiner's lriuse. Before they readied the gate they saw a man approaching, whom they found to be Carl Schicker, carrying an axe-handle in his hand. Schicker stopped and shook hands with witness and Steiner, but did noi speak to Rollins, or shake hands with him. Steiner asked them to como into his wharf, and witness did so, with Steiner, Rollins and the prisoner standing outside. Steiner showed witness a photographic postcard, and then went into the porch in order to show the card to Rollins and Schicker, witness standing in the porch with him. After showing the card to these two, they returned inside, witness coming out again as far as the porch, from which he could sec the prisoner and Rollins. Rollins stood by the iron chimney, and Schicker was near the corner of the house, about four or five feet apart. Heard an altercation between the two. Rollins asked Schicker if he had sent him three postcards. Schicker replied that he had not. Rollins said : "Yes, you did; 1 know your hand writing.' 1 Schicker replied: ''You toil lies!" Both spoke in the Swiss language. Rollins replied: ''Oh, yes, you did send them." Schicker said again: "You are a har" (in English). Rollins asked him if he remembered what he had said in the hotel. Schicker retorted that he had said nothing. Rollins to this said: "Oh, yes, you did," and accused Schicker of saying "Annie Ulrich is a ." Schicker said. "If you say that again I will knock you down!" Rollins said tha' hc <M Ba . v if ' and rcP cated the oath. Schicker 1 thereupon took up his axe hand'c and said : "You sav that again!-' As soon as he picked up the axe-hand'c, Rollins rushed at him. Schicker knocked him down with the axe-handle, striking him on the head, ho'ding the handle with both hands. Rollins put up his hands to stave off the blow. After the blow was struck Rollins fell on his knees, but got up and asked what sort of a fellow Schicker was to do such a thing (this in Swiss), He walked about five or six feet, wiping the blood from his face, and in a couple of minutes fell down again. He shook as if in a tremor, and then witness, with Steiner and accused, carried him into the whure, putting him in a bed. Schicker and witness then proceeded to Kaponga, and on returning to the house after wards found that Rollins was unable to "speak, Schicker also came back to the house,' and un seeing the condition Rollins was in went for the doc tor. This was at about 10.30. Witness remained in the room till Rollins died. The doctor sent Schicker for another doctor. Schicker did not come back before Rollins died. Witness had been friendly will? both deceased and accused. Witness had a sister who went home some two months before the tragedy. Did not know if cither Schicker or Rollins had become engaged to his sister. They met at Steiner's on the night of the tragedy by t chance. To Mr Samuel: Had known Schicker about two and a half years. Schicker had been in the habit of visiting his (witness's) house the whole of that time, spending the evening with him and his sister. Knew that Schicker and his sistot were sweethearts. The engagement was broken off a month before his sister left the colony. During this time Schicker was visiting, he was working, with his sister and Rollins, for G. Hill. Rollins liked his sister, but she did not seem to appreciate his attentions. He had heard Rollins say that he would kiU Schicker. Heard him, as a matter of fact, two or three times make threats. Neither he nor his sister had asked Rollins not to come to their place. Uol 'ins did not stay away. Rollins was :' big', powerful man. bigger than accused, and was pretty bad tempered, often getting into a rage. ])id not warn Schicker that Rollins was g'iing to kill him. At the time if the fatal row. was behind the doors and could not see the blow struck. The men were four or five feet apart, one on witness' right, and the other on his left. When the threats were used, Charlie Shiokcr went backwards and Rollins fallowed aftei him, Schicker having the axehandle raised all the time in both hands. The conversation was in Swiss, with the exception of when one called the other "a liar." When asked to ncrompanv the three t<> Kaponga, Schicker said he had already been (here, and was going home, lie did not hear Steiner press Schicker to come into the house. When Rollins fu'l, witness thought he was not very badly hurt. Schicker looked sorry, heiped to lift the fallen man inside, and wanted to send for a doctor. Witness and Steiner, however, thought it unnecessary for some time, but eventually allowed Schicker to go to Kaponga for a doctor. Afterwards the prisoner went for another one.

Re-examined by Mr Kerr: RoFins' threat i> kill Srhiekcr was uttered four or five months before the quar rel at Steiner's. Witness did not -hink 'hat Pnllins was gointf to strike Schickc-r. Rollins had no-

thing in his hand. t Josef Steiner, a labourer living e near Kaponga on the EHham-Opun- \ ake-road, a friend of the prisoner and t of the late John Rollins, said he re- ; membcred Ulrich and Rollins coming I to his place on 30th June, and cor- 1 roborated the evidence of the pre- 1 vious witness up to the production of I the postcards and the words that led 1 up to the quarrel concerning the girl i When Schickcr threatened to knock 1 Rollins down, witness told them to "stop that quarrelling. I don't like fig-filing at my place." As he said this he turned to lock the door. He had trouble with the key. As he came out he saw Rollins fall down, get up again, and walk to the corner of the house, at the same time taking out his handkerchief and wiping the blood from his face. Rollins

said, "What sort of a fellow are you, Charlie?" In a couple of minutes Rollins fell again, and he helped to carry him into the house. Inside the house Schicker told witness he had knocked Rollins down with the axe-handle. Rollins was a healthy man. Cross-examined: Witness said he

had known Annie Ulrich for some time. Schicker and the girl were sweethearts, Rollins <lso seemed fond of her. On one occasion Rollins said to witness that he would kill Schicker. Whilst not believing it, "as men ta'k very foolish things sometimes," he warned Schicker to look after himself. Rollins was rather quick-tempered, but Schicker was not. He knew the prisoner was going to Kaponga to buy the axehandle, as his own was broken, and witness asked him to call in on his way homo. Schicker, when asked to I return to Kaponga, refused, as he was going to Schumacher's Was positive the only English words

spoken in the quarrel were "It's a lie," and with reference to the girl. He had showed the photograph *o Ulrich only, because Rollins and Schicker were bad friends. The

conversation was begun in ordinary tones. When he saw Rollins was failing, Shicker was a few feet away, holding- the axe-handle. Re-examined; Rollins' threat to kill Schicker was made months before, and before Annie Ulrich went away to Switzerland. Rollins was , "quite crying" at the time. Rollins was a quiet sort of a man. Thought it best to warn Schicker. David Whiteside Maclagan, medical practitioner, practising at Kaponga, grfve evidence that he saw prisoner at his (witness') residence at 10.30 p.m., on June 30. The prisoner told him chat 'he had struck Rollins with an axe-handle, and asked the doctor to go and see him. Went to see him, and was told Rollins was asleep. Went into the room, and found him unconscious. He had complete para'-ysis, his breathing was rapid and irregular, his pulse irregular, rapid and weak, the pupils were unequal. All the symptoms convinced him that the man was suffering fiom pressure on the bram. He examined the head and found above and behind the left ear an irregular wound about an inch and a-ha'f long. So serious was his condition that he suit the prisoner off to his house to summon further medical aid. Whilst he was away Rollins died. Witness returned home, and summoned the police, the ijrisoner wailing for the arrival of the police and giving himself up. On 2nd July be had made a postmortem examination, and found a fracture of the skull and beneath it a clot of blood sufficient to cause death by pressure on the brain. Cross-examined by Mr Wake: It was extremely improbable that the man's life cou'd have been saved. Had he been called at once he might have tried to remove the clot of blood, but it would have been a desperate effort, and almost certain to have failed. Rollins was a heavy, muscular man, bigger than tho prisoner. There was no evidence of liquor on either of the parties. When the prisoner called on witness he did not seem to understand the seriousness of the position, but when told of it was much distressed. Such a blow cou ! d have been struck without fatal injury on the face but not on any part of the brain-containing porcion of the bead. It was conceivable, but not probable, that tho man's life could have been saved by operation if assistance had been called prompt

Constable Rfdican deposed to arresting- the accused, who had admittpcl having struck Rollins and killed him. The prisoner had appeared very much distressed, crying bitter ly in the eel's at times, and expressing his sorrow. Jacob Goegsi, a labourer, of Doug-las-road, said he had gone to Kapo nga on the Saturday before Christmas on the way to Ulrich's'. Rollins went with him. Char'es Schickcr, Miss Ulrich, and Pensech came out of the house, Witness heard a row, and saw two men wrestling and foiling on the ground. Knew by their voices that the combatants were Rollins' and Schicker. Rollins call ed witness to help, but he would not go, remaining at the gate till the fight was over. They were rolling on the ground for about three minutes. Miss Ulrich was a little way from the house, crying, and Rollins asked her to stap. Schicker and Pensech went into the house, and Miss Ulrich remained talking abou! a chain away from the house. Rollins said afterwards to Schicker, "I'm not frightened of you, Char lie." Schicker had in his hand a piece of iron about three feet in length, and said, "If you come at mo I'll knock j'ou down." Rollins said, "If I want f0 Sfl ij>to the house I will go. I wis here before you." He went into the house. Schicker said, "If j'ou stop the row you can go in,'' at the same time dropping his hand. Ail then went into the house, and Schicker threw the iron bar into the fireplace, where it belonged. Schicker told Rollins in the house that he could beat him; he had had the best of the row, but did' not want tx; light. Rollins made no reply. On the way home Rollins told witness he would "buy a revolver some day and shoot Charlie down." He wa'f wild. Rollins was bad-tcmp"red, a quick tempered man. He talked a lot, and was often heard saying he would fight this fellow, or that fel'ow.

Cross-examined: Rollins admitted Ihe started the row. He was wild that Schicker should have gone to sec the girl. They all stayed to gether in the house that night ti'"' after midnight, enjoying themselves, •and Rollins made the remark about the revolver on the way home. Schic ker seprmvl to tisa the bar of iron ti keep Rollins off. Mr Samuel briefly opened for the defence, and called Louis Meinberg, a Swiss, a friend of both Rollins and Schicker. He had met Rollins one night, and Rol lins had said he would kill Charlie Schicker that night. Witness had aid he had seen Schicker with Miss Ulrich. Rollins then went off to look for Schicker. Witness told Schicker that night that Rollins was going io kill him. Rollins did not catch schicker that night, The prisoner, who gave evidence on his own behalf, said he had been about 3i years in Taranaki. He had .vorked for Mr Mariin, Mr Tate, and Air Sawle. On 30th June last he \ as working for Mr W. Martin. Had Miss Annie Ulrich. They ivcre sweethearts {or about a year, jnd were engaged to be married. The engagement had'been brokn off just before Miss Ulrich went home *.( Switzerland. Rollin lived with Ulrich and his sister at Hill's, six mile.-, away, and prisoner used to go twici 1 week to see her. He stopped at Miss Ulrich's written request. She ivrote that he had better stop away a few days, as Rollins was angry and threatened that either one of them i Rohins or Schicker) would have to die. He. stayed away. Rollins aine down in the middle "of the night too him, and asked why he never vvent up to Ulrich's now. Ho told Rollins what Annie had said. Rolins did not deny it, but said, "If you .lon't come up, Annie w ill go away." le then started to visit the young lady again. Then one Sundae light in Kaponga he heard Rollins vas ooking for him to kill him. i'hat same night he had met Rolens, and shaken hands with him. He lad hardly been there five minutes, vhen they heard "someone coming up like mad." He and Miss Ulrich Int out to see who it was. Rollins limped off his horse and rushed at vilness, Pensech getting between. Kollins kicked Pensech, and then tU9

two got Rollins on the ground. Goessi came up from the gate. They wont in, and Rollins started to threaten. Thinking- that both Rollins f and Goessi were going- to tackle him, he seized a piece of iron to defend himself. Ho told Rollins there was / nothing to prevent him coming into the house if he would only behave himself. They all spent the evening together amicably. He had of. ten heard Rollins was going to kill

him, and was afraid thac he would . do so if he got a chance. Rollins always called him "a little b ," Rollins being much bigger. On the night of the fatal quarrel he had not expected to meet Rollins—not a bit. •'"Cljicker detailed the conversation with Rollins about the postcards, mentioned by previous witnesses, and also gave particulars of the words that led up to the quarrel. Rollins rushed at him, and the accused struck him on the head with the axe- - handle he had in his hand. "I wa» l always frightened abouc him. I thought he would knock me down and kill me. I only wanted to Btop him." He did not think he could have escaped Rollins. "I was in diead of my life at the time, and my only reason for striking was to keep him from seizing me, and doing me some great hurt." When Rollins fell, the accused picked him up and helped to carry him into the house.

He w-ent for the doctor, and had to wait about half an hour for him. Cross-examined: Rollins <seemerl to think Miss Ulrich would not go away if Schickcr went up to see her. '

He thought the witnesses for the Crown had told the truth. Could not say if Rollins advanced upon him with outstretched hand, or clenched fist. He did not think either Steiner or Ulrich would have interfered even if Rollins had got him down Had no time to think; he was

frightened. Rollins had on one occasion told him that Schicker's brother had made some offensive remark about Annie Ulrich. He could not say whether his brother had done so or not.

Re-examined: I never made friends . with him, and I was going about in fear of attack. This closed the defence. Mr Samuel addressed the jury. They were somewhat at a loss to ap- liU-" predate the facts as viewed from the v " " Swiss standpoint. They did not know whether they nursed their jealousy, with the effect that such crimes frequently resulted. They knew that Rollins had expressed a- deadly hatred of Schicker, but there was not a scintilla of evidence that Schicker .bore the slightest ill-feeling towards Rollin. Counsel remarked on the evident characteristic trait in the Swiss that they would not interfere in a quarter such as this. Had Schicker not struck that blow with the axe-handle, then Rollins might have stood in the dock that day, charged with the murder of Schicker. The use of violence was only justified by the reasonable belief that harm was likely "to be done unless some forcible defence or aggression was made. The jurymust disabuse their minds of any idea that this meeting- of the two men was sought by Schicker; it was admittedly accidental. was made to the language in which Rollins' accusation had been made, fit to exasperate any honest nian. Any man would have threatened tj knock down a man who used such words concerning his sweetheart. It was not, however, until Rollins rushed him that he struck a blow, and . the blow was struck in self-defence. Perhaps he who suffered most was

not the man who now slept, but .the young man Schicker, who had V.o live a life with the full consciousness that at one time he had, intentionally or unintentionally, shed the life blood of a brother man. Concluding, counsel urged that the act of the accused had been natural, reasonable, and justifiable. Mr Kerr, addressing the jury, defined manslaughter as culpable homicide not amounting to murder, and stated that the killing was proved by witnesses and admittted by accused. The threats of Rollin had all been made in moments of irritation, and there had been adduced no evidence to show that the deceased had been malevolent. The manner of strik'nfi: the b'ow showed the prisoner intended to inflict bodily injury, whilst the evidence for the prosecution showed that he had no apparent reason for apprehending serious 'njury to himself. There was no evi- / dence that the prisoner had been as- \i saulted, as the amount of force used was unjustifiable and inexcusable. The prisoner might have checked any impending assault by striking' him on the arm, and there was no doubt in the eye of che law the prisoner was guilty of manslaughter. His Honor summed up lucidly and favourably to the prisoner. If the jury were not satisfied that the offence of manslaughter had been made out, the prisoner should be acquitted; if they thought the killing inexcusable and that the crime of manslaughter had been committed, then they would return a verdict of gui'ty. The Court rose at 6.30 and resumed at 7.30 p.m., when the jury announced a verdict of "Not gui'ty," ■ f and Schicker was discharged from custody.