THE WAITARA TRAGEDY.

Taranaki Daily News, Volume LII, Issue 45, 18 March 1909, Page 4

THE WAITARA TRAGEDY.

CHARGE UK MURDER AGAINST DR. GOODE. 6LTHEME COL'KT A'KOCEEDLNGS. The Supreme Court "nas urowded yesterday iiiurning wten Edwia Jonathan Goode, lnedica.l praKtitiouer, formerly, practising at W'ai'tarn, was placed on lite triti'l upon the charge tliat on 14th, December, at Waitaru, lie murdered Muiry Ellen Klenner by shooting at her ■with a, revolver, causing her death oa jtjtli December. The accused appeared quite caJim and sell-poysesied, and evinl«l a close interest in the, process of empanelling the 'Dvvelve good men and true" who were toi forte th«. jury. He 'was represented lnr jJklr. C. P. Skerrett, K.C., with him Mr. AH. Johnstone. Mr.T. S. Weston, Crowa Prosecutor, eond'ift'ted the (prosecution, having associated with him Mr.. C. p. Weston. I . Accused .pleaded "Not Guilty." « The following gentlemen were em- J panelled as a. jury, of whom Mr. Hugh ' Baily was chosen foreman:—Messrs H. i Uaagirian, James. Loveridge, TlioMiat. Malik, William Telfar, Ja'nres Cooml>es, ticoigtt Hopkins, H. H. Grayling, J. M. Parkejr, Hugh Baily, Ernest, W. Wheat, ley. James Telfar, Richard Aroa. Durinjg tie empancdlWg of the jury tlifi Crown: ordfered six to, s'tand by aud challenged two; the detente challenged four. All witnesses were ordered out of court, upon the application of counsel I'or the defence. ■ THE CROWN <FROSECUTOR opened his case at considerable length, defiirftag the statutory definition of murder, rewwing tire evidence tendered at the-weHwinary enquiry in the lower

tlie pjL'ITUHUUII ill mc court, and radicSitJng -fhe lines ■upon wMlch the proeecutioii would be eonducted. He considered that no verdict of manslaughter would compatible iwitlh ithe evidence. It mife't be murder, or a,»thmg. 'Motive did not enter into jtl*e question iat 1011. Counsel conducted his address at ten minutes past eleven o'clock, Jlaving occupied nearly an hour. FORMAL EVIDENCE. Lewis Eanp, photographer, of New Plymouth, gave evidence. of having taktta the photograph .(.produced) of Kle-nner's and Br. Go.ode'si houses at JVaitaHa and their surroundings. (Copies <jf the photographs Were fu,rnislilcd to •the jury.) i Mr. Skerrett asked no questions. Thomas Gore Sole, surveyor, of Xew H'jmilrut'h, In the eitfploy of tlio New Zealand Government, "produced a plan of KHenner's residence and surroundings, tie front, elevation of Klenner's house and abed, the side elevation of Dr. Goode's house. Showing -side windows, grountt plan of Klenner's front sittingroom, locality plan showing the two bouses land adjoining streets, with their relation ,to- Klenner's shop. The plans had been made (by Mm- upoJi instructions from the purvey Department, at .the request of titoe Police Department. Ely experiments 'lie. Detefctive Boddain, Sind 1 a Mr. Ch'a-ppeH tested the thickness of the front wall of Klenner's front fitting-room, and found that'thc voices of {persons talking in 'an ordinary tone of voice,- inside the -building could be pla-Jnly heard outside, and vice versa, the "person outside (standing about two feet away from the \vimlow and tire others awmt the centre of the room. Mr. .Skerrett- asked no questions. • 'Arthur Lewis Chappnll, n'ewspapel reporter, corroborated the evidence of the -previous! witness in reference to the power* of the ordinary voice to penetrate tile outside wils of Klenner's house.

From a point on Klciuiot'b front path obtained an uninterrupted view of the side windows otf accused's house. ' John Terrr, clerk of the court at New Plymouth, gave formal evidenw, and produced tlift in formation laid against Siccuswl of bttartpting to murder. Accused was formally charged before Mr. H. S. KUfcerbert, S.M., anil the hearing adjourned to the Hospital, where tile dsipositiosis of Mrs. Jvlentoer were taken in the presence of accused and others, Mr. Fi'tzherbert presiding. The depositions were' read 'and put in evidence. A LITTLE GIRL'S ACCOUNT. Ida. Ktentaer. a tittle girl of n'ine yeairs, daughter of Alois KleUner, butcher, of .Wnitarii, and of the deoeased, Mary Ellen Ktenner, gave evidence) of returning'from School'on the afternoon of the tragedy. She heard Dr. Goode's voice in ih«|Vront eitting-room as she passed ■the window. She was positive that the voice i wia(s his, for te lived next door, and had attended 'her when she was ill. Rite went it the tack of the house, and in by the back door, intending to ga to lfer bedroom. When her mother came, out of the sitting-Toom and sent her

out in. the yard to plav. Just after- I m'ardn ishc heard the sound of three filiote fired in the front of the house. She wenti ou to the back verandah, and began to ery, anil whilst there heard .til** damming of the front door. Her jnothter called her into the sitting-room, where she «aw her mother lying on the. hearthrug in front of the fireplace, with, J>lood streaming along the tl'oor from ihe side of h!er dre'ss. "Her uncle, named - Klenner, was in the «b'ack yard Kvith lier, and just after she lieard the shots he ■went away to the paddock to l>ring the cow. Her mother sent her to the shop to bring her father., At thefrout of the h'ouec She met a«Ettle girl named Sjpurdle, and returned to. the 'front tooui ■window with a 'suggestion that this girl should go for Tjer ■mo'thci'. Mrs. Kleiiner ati'sVered, "Xo, go for your father.'* f*he. went ,to the shop, Wit her father wiisn't the're, so Whe m-011 s. To Mr. fSkerrefct: Her iniale w'as a, very oM gentleman, who lived with them. When She arrived home her little Wrother was playing with her uncle, win let the 'boy. 'handle his Vatich. She -was not able to say lioHv long it was befor" «Tie beard the s"hwts. They followed, Hoaely one nmon the other. She could not Say if her uncle heard them. She .w'as trying on the back verandah a verv little while 'when 'sire lfetard the front doojr slam » A PATXTERVS EVIDENCE. HJarolld .Henry McCoy, painter, of .Waitara, deposed that at about, ihreij (o'clock on the afternoon of 14th De<ee!ml»)r hj« was ipaftiting oK'er the top of a Way window at the vicarage, close Jiy, iwh«l thasouml of three s/hots came fptfni the (tßrebtio-n of Klenner's house. Ifcfcer li'e: saiw Dr. Goode's wife sitting on the verandah, rand jftill later she walked across tlict road, spoke to Mr. .Trim and Mr. Morition, who were work- - ing 011 the road. About five o'cilot-k he saw Dr. (ioode conve to thif French casement of his surgery and admit bis dog. Ta .Mr. Skerrett: The. three shots <ame closely together. Only a couple -of flwmds elapsed between them. Tie. didn't concern himself 'with the matter. Mrs. Goode met iMorison and Trim jus't, outside Ta.vlor*s house. •LIXKIXfi THE CHAIX. Mjyrtle Trim, daughter of William. Trim, of Waita.ra. stated that on the afternoon of litli DcWmlKn- she \rtis near 'the corner of MhcLean and flrey - near the vicarage. bavin's jurt taken Wome .tea to her father, who wa's Working in l Grey street. She- was then Agoing to. meet 111'r sister at the corner of (Iriacroift land iMlVclean streets. When at the. Grey street corner she saw Dr. Goode walking from the direction of •Klenner's house to Ms home. Mr-. Goode was on' the Verandah. Dr. Cloode .wlailked up the path to tW verandah, j ■tloivard' nib surgery. His wife helped r him up the first step, but at the next !' little step he fell. She beard him say. "My God, get out of it." or soniethhig like that, and slie lieard the door i- slam.' She knew Dr Goode's voice. Hie Ihhd a coat on, ttHrcnrti <pen, so «s to - Idfeblose his white ehirt witli something

Ibroad 'and red doira tie front of it. Ij.To.Mr SJcerrrtt: Dr. Goode had iitItemled her <m t(?o'days when she hail .|pw fever.. He Was , very kind to 1«. .-luTT^TOfeahim. |When he \s»s W»lkSng btywg.'tJie road that afternoon he t foad lib attoils stretehed out a little on - leither ?Jde. . 1 ■ I Mr Skerrett: Wins he "walking iatrti.ight?

Witoiess: He seemed to be going in a eig-zag. He spoke to Goode iin a jvery gruff and very hard sort of voice, las 'though ie®cite<l. ' (• To the foreman o! the jury: She, ttould not day if he had a waistcoat on. Sljs coat was flying open, s To His Honor: She (could see the ' "white shirt outride the red patch. •William Trinr, borough foreman 'at " WuiUra, and 'father of the ■witness, gave. evidence of having been in Grey street 011 the after '-*■ sroon, ei question, and flf Having received sitae tea from Ms daughter. TV-<r--jtweein four and five oV-lock he saw l)r. ' Goode at a window of his house, appa"i entlv adjusting a blind. He remembered fekjlrs* Goode coming to him. Tn conse(Lflnence of what she said, he went for ffa doctor, and Morijson, who was with went for-tbe 'poliee.' Had been a neighbor KgjjjPr; Gooie'a, He could not say of

his own knowledge if accused had been addicted to drink. The Court adjourned for lunch. I 1 I'jiun resuming, the prosecution called , Joseph Williiii.l Fitzsimons, an employee j of Alois Klenner, at Waitara, who said he ' had been this employ for three years, < duriii" tj e whole uf which period he aiul j li a j Sis meals at the house, and for , pa=,t eight mouths had boarded , there altogettuT. He remembered going , to Kleaner s house ai Ida Klenner's ve- j quest on l'.th December, lie found tliel, front door shut, tiie back door slightly , ajar, and tli? blinds drawn. Going from I the back door through the passage to , | the front sitting-roam he detected the smell of burnt gunp.mder. He described | the position of Mrs Klenner, whom he found lying wounded and profusely bleeding in the front sitting-room. She was very low, but conscious, and she recognised him. Mrs Klenner said "I'vei been shot by Dr Goode." She told him SHE WAS DYING, and that she had only a few minutes , to live. She told him to find her liusI band, but before going for him witness endeavoured to make the woman more > comfortable with cushions. Leaving J the house he saw Dr Goode looking out of the window of his own house. Xhe| only firearm he had ever seen at Klenner's as a volunteer service title. .Mrs. Klenner told him why Dr Goode had! shot her. She said "He wanwu myself, and 1 replied 'no'," adding that he tired two shots at her, at close range. Cross-examined by Mr Skerrett: Ida came to the shop between 3.3U p.m. and four o'clock, ine door of the sittingroom was slightly ajar when lie reached' the house. Before leaving the house lie locked the front door, and left by the back. When lie met Constable I'riee, after telephoning for a doctor, he told him Mrs. Klenner had been shot, but not that anything had happened to Dr.. Goode. He returned to the house about!

a minute before Constable Price walked iu. Mrs. Klenner said nothing to 'iiim| about Dr Goode's condition, She did uot say lie was out of his mind. .Marie Elizabeth Clare, wife of Henry Clare, of Waitara, A PERSONAL FIUEXD OF THE LATE MllS KLEXXEIt, deposed that during that afternoon Mrs Goode came to her at her house. They i went together to Goode's house, and' went up the surgery steps. Silo did J not see Dr Goode, but heard footsteps in the house. They went down from the surgery towards the gate. Witness: heard inuflled cries and groans coming i from Mrs Klenner's house. She ran straight across to the house and spoke to Mrs Kleimer through the window. Mrs KJenner called to her to come in, and she did so, entering by the back door, as the front one was locked, fcue described the position and condition ot Mrs Klenner, who tola her that Br. Goode had shot her, that he had wanted herself, and she said, "Xo. M Then he shot her. She also said she had but a few minutes to live, and seeuied in great fear lest she should die before her husband arrived. Constable Price arrived shortly, afterwards, and so did Mrs Spurdle, Mrs. Cossar, and Kev. 13rocklehurat. She heard Mrs Klenner tell the ' others much the same as she (witness) , had been told. She spoke to Mrs Spur- , die ten minutes after speaking to wit- . ness, and appeared to have rallied in the meantime. , To Mr Skerrett; Mrs klenner told her she was certain 1)K. GOODE MUST JIAYE IiEEX MAJ , or lie would never have done it. i>he also stated some time that afternoon that she had not had the slightest fear of Dr Goode when he requested to speak to her. Witness had known Dr Goode . for eight years, during which time lie

had attended her and her family. He was most kind. She had noticed that he had given way to drink. Sometimes he would go for five months, or six months, perhaps as long as twelve months, without her seeing him drunk, lie was one of those men who was not 'a continual drinker, but had bouts of drinking. Ke-exauiiued: He attended to his patients all the time. She had never had him attending at her house in an intoxi-] cated condition. When drunk he was very excitable, and would talk a great deal. Emily Spurdle, wife of H. Spurdle. Waitara, deposed that when she reached Klemier's house Mrs Clare was with the injured woman. Mrs Klcuner, said to her "Oil Em, I'm going to die. It's hard for you to see me like this, but I'm glad you're here to say good-bye.'' Mrs Klenner also told her why Dr. Goode had shot her, as previously sworn to by witnesses. She was an intimate friend of the- deceased woman. She alleged that three shots were fired, and that Dr Goode kicked over a cliair that her back was resting against. Accused

asked her if she was dead. She did nut j answer, fearing lie would shoot again. Cross-examined: Mrs Klenner said t<>! her and Mrs Clare tliat accused "mustj have been mad with drink or he would never have done it." Alice Trim, wife of William Trim, who also visited the house that afternoon, told a similar story. When she went in there was a lot of blood on the centre of the floor, and Mrs Klonner's clothing was covered with blood. Xext day she assisted in cleaning lip the blood about the room. There was blood oil a tapestry chair, lipon the wall paper, and upon the inside of the door. There was blood also upon an overturned chair, and upon the sofa. To Mr Skerrett: Dr Goode had attended her during illness. She had not liked him the first time, but the more slie knew of him the better s'fle had liked him. His demeanour towards women ai|d children was verv kind. MEDICAL EVIDENCE. Dr E. F. Fookes, of New Plymouth, gave evidence of having attended Mrs Klenner at about five o'clock «n the afternoon of December 14. and of Mrs Klenner's condition. She had two circular wounds, on? on the cheek, and one low down in the middle line of the neck, the surrounding skin being blackened as though from the discharge of a firearm at close range. The wound in the neck was probably caused Jiy a shot at the closer range, for there the sicin was blistered, lie and Dr C'laridge endeavoured to locate the bullets, administering very little chloroform, but they desisted on account of the hemorrhage, and plugged the wounds to prevent further bleeding, and ordered her removal to the New Plymouth Hospital. Slie asked him if he thought slie was going to die. lie remembered someone picking up the natural crown of a bicuspid tooth from the lloor. Tiie lower piece of it. had evidently been exposed, from which lie inferred that it came from a person of ad vanced years. It was possible that that piece of tooth would be dislodged by a bullet entering the neck. Examination showed that Mrs Klenner iiad not lost- such a tooth. He thought Dr Claridge took the tooth. Mr Skerrett did not cross -examine. Dr Claridge. practising at Waitara, who had arrived at Klenner's house about a minute before Dr Fookes, gave evidence. He described the condition of Mrs Klenner, the nature of her injuries, and the treatment adopted. At about seven o'clock that evening he was called io the Waitara ]Kilice station, where he saw Dr Ooodc, Constables Melvor and Price, and a crowd of people about the I'laee. Whil-t the accused was sitting in till'police office he said, "Dr. Claridge. don't you coine near me." Witness plied that lie had come to attend to his injuries. Then accused said. " Voti come near me. you . and I'll knock your brains out." He was handcuffed at the time. He was wearing a soft white shirt, blood-stained, and trousers. The .whole of the front of tile shirt was blood-stained. Willies told

'him nut to make a fool of himself, and after a lot of argument as to whether he should dress his wounds or not, witness told him that if he didn't behave himself lie would be handled. Accused said, •• You can't —r— handle me/' Witness replied, " I'm not going to try, but there are plenty here who can." That seemed to quieten him for a time, and accused asked witness to take his liand-

cuffs off. Witness said lie couldn't, and, he replied, "You can't be much of a doctor if you can't take mv handcuffs off." They then started to take his shirt off, and to do that they had to eut it. The shirt produced was the one. At this Dr. Goode raved considerably, and lie was especially bitter towards Constable Price, sayinjr, "Price, you had a chance.

DO YOU CALL YOURSELF A MAN?

You're not. You're only a , one of Ranfurly's —Witness dressed the wounds about accused's heads. When he came to the injury to the chin, accused said: "It's no use touching that; it's the jugular:' Witness rejoined: "Don't be a fool." accused said: "Yes it is. 1 know it by the drip, drip, drip." He was nut bleeding. Detective Boddam then came on scene, and Mr. Jenkins, Mayor of Waitara, endeavored to pacify the accused, - whose handcuffs were removed by Detective Boddam. and he was placed in the ceil. This performance took a couple of hours, but it should have been done in fifteen or twenty minutes. Accused did not explain tlie cause of his injuries, but «aid: "You're a clever lot of , but old Ned Goode • will beat you yet." Actused claimed a pair of blood-stained pince-nez, which had been found on the Hour of Klenner's sitting-room, and. produced in the Waitara lock-up. He remembered the finding of a cartridge and cartridge cases, and the crown of a bicuspid tootn in the room. When ho found the tooth • did not belong to Mis. Klenner be put I it down us of no value, and it was lost Ille did not think Dr. Goude was drunk that night at the police station, but lie was exceedingly angry at being arrested , ami haudcuffed.

His Honor: Did you know him personally'/ • -

Dr. Claridge: Very, very slightly. His Honor: How long have you been there? Witness: About twelve months. Cross-examined: lie arrived at the Waitara police station after Dr. Goode. When Dr. Goode said that witness was "the best opposition he could possibly have," he was inclined to be sarcastic, i Accused railed bitterly against the po-. lice" for having arrested him. He repeatedly asked why he had been arrested. In the course of all this railing ami abuse, he did not once refer to the tragedy that had just happened. He did not seem to exercise any power of control over his 'language, although he would not say accused could not control his language. Accused did not voluntarily refer to the wound under his chin. Witness' attention to that wound was attracted by a little clotted blood Oil iiis beard. There was no u drip, drip, drip" of the blood. Witness looted at it that accused had attempted suicide, -and hadibeen deluded into the belief that there was bleeding. Witness "was unable, from various causes, to examine the wound.

To his Honor: The reason he had stripped the accused wa.s to asce-rta'n if he had attempted to shoot himself through the heart. To Mr. Skerrett: Dr. Goode did not call liis attention to any circumstance that would lead him to suspect a bullet wound. Witness thought it had been caused by a blow from a stick. There was nothing ill'atVursed's conduct to lead witness to suppose he was feigning or pretending. He showed NO SYMPTOMS OF ACUTE ALCTIOLISM.

There wa* a mental excitement; he wag angry. In his anger there was no reference to the possibility of a charge of murder. He had never examined accused as to his mental condition. He was not in a position to give an .answer to a question as to accused's mental condition, for he had only spoken to Dr. Goode about twice previously.

Re-examined: Dr. Goode must have known something of the nature of the wound on his chin or he would not have referred to his jugular being cut.

His Honor: Hut wouldn't even a very slight medical knowledge inform a man that i'f his jugular vein had been Revered lie wouid not be standing there? Witness: One would think so, your Honor. He wouldn't retain consciousness very long if he were bleeding from the jugular. THE III'KIJAXD'S EVIDENCE. Alois Klenner, butcher, of Waitara, husband of the victim of the tragedy, gave evidence. When he knelt down bv his wife's side she said: "Oh, Lou, i didn't deserve this. I've been a good woman, ami now I've got to die. It's very hard to leave my poor children and you." She told him that when she opened the front door Dr. Goode was 011 the doorstep. He walked through Hie passage into the sitting-room, and said: "I want- to speak to you." When she went in, he closed the door, made a proposition to her ro give herself to liiin, and threatened to shoot her if she did not comply with the request. She tried to get outside, and he wont ami turned the key in the door. She sat down in an easy chair, and he stood over her and fired two shots at her. He then pulled over the chair that she had been sitting 011. He bent over her ami a*kcd: "Are you dead';" She did not answer, lest he should shoot again. She spoke no more 011 that subject, lie iiad no tirearm in his house other than a Government l'ille. and his late wife had Had none. He had never seen the revolver produced except in Court, lie remembered >liis wife going to Melbourne in 1002 to visit her friends, retinning in Julie. She brought 110 firearms back with her. So that if any person wrote from here to Melbourne to know whether she had brought lireanus back with her, it would have been drawing upon imagination. Dr. Goode had attended his wife and, family professionally, but lie never came to his , house otherwise. The families did not exchange visits. Cross-examined: Dr. Goode may have attended his little boy as late as in November of last year.

'Lily Klenner, daughter of the previous witness, gtoYe evidence us to the placing of -the f.nriiHnre hi the room where, the shooting took place. On the day after the tragedy, when seruMlmig, she found three

SPOTS OF BIjOOD OX THE DOORSTEP an' l washed fhcim off. Mr. Skerrett asked no i|iiestions. Con*tahlle Price, in charge of the Waitara police station, deposed that the fhvt he Ihe'ard of the affair was from a mail' named Morison. and in consequence of tin l information ret-eived from that source lie went to Dr. Coode's house at about a.5() p.m. The surgery door was slightly Ojiien, and he went in. Dr. fioode'was there, standing by the Writ-ing-table. Witness asked him what was tine m&itter. Hoode said, "AMiait the do you' Want, ill'iny house?" and witness ■replic'd. "I've just come .ill to see v'ou." His reply was. "Oct to out of it." Witness' said again: "I've Willie in to 'sec you. I'm not feeling well." With that the doctor picked up a revolver from his writing-taMe. poin ted it at witness, and said, "(let out ui .it. or T'll Jilo'w your brain's out." The rev')lvei' /produced was the one. lie cflliftl only see t'lie upper part of iikviiscd's Vodv. mi account of a table. He w'i< then dressed, in his Jiirt and trousers. Wit noticed blood dripping from amis-ed's 1 whiskers. The room N\as not a large one. Witnes's left after having been threatened with the ievolver. Leaving Dr. Ooode's house lie went to Klenner's, to inquire if anv sliootilig lisid 'beeiv heard tlicrc. He knocked at tile- front door, and got no answer. He knocked again, and went in and saw a Hue haze iuMlie passage, and smell, gunpowder. Went tlie sit-ting-rooni. sa'W Mrs. Ivleiiuer lying there with a. wound in Clio fa'ce. Placed a pillow under the left arm. and left for assistance. Mrs. Clare remaining i"i charge. I'pon lii's next visit, to the hou-e two cartridge cases were hand"d to 'him. and he picked up one himself. After Mrs. Klenner's 'removal to X'-w TKiii'oni'li. lie Invade :i search of the lloor of the sHting-room. and 'found a nair of pinieo-noz at the i-ipot where Mrs. Kllenner had been Tying. Dr. floo.le was in the. habit of wearing similar glasses. Having'received word that assiKtanice was 'coining from New Plymouth, he kept wattdi on Klenner's and (Joode's houses until die arrival of Constable llli'lvor. Then the arrest of Dr. floode was effected by the police, with ill.' of nine men from the town. THIE ACTUAL AIiKKST.

was tin' work of Constable Melvor. Accused wn* h'amkwllVd outside, ami this 'was a. work of some difficulty. Accused was conveyed ill a, dray fo the police station. Abused -recognised witness outside the house, and spoke I" Iriin. The accused was still vi<»le;it in the dray, and wi'tnes's 1 sat oil his leys to keep him quiet. Accused was violent all the time li'is wounds weir: l 'liedressed, and at one time expressed a wish that he -had shot witness when he lra<( the ■eluuiee. Amongst other contents of accused's pockets were some

eart'rhlges and a bullet. Accused claimed as hi* own the pin'ce-nez 'Which had been found in Jvlcnner's sitting-room, and whfcih witnes placed on a table in the police-station. Meantime, Constable Mclvor had 'found a revolver (produced) an Dr. Goodv's This he gave to witness, *who handed it to Detective Boddam, and the latter drew from it five cartridges. The abused was afterwards 'brought to New Plymouth in a cab. Witness rode outride, for his presence excited the accused. At the New Plymouth police station, witness handed to Sergeant lladdrdl the different property, and accused claimed the eyeglasses again. Witness had frequently seen the revolver (produced) in a glaysfront bookcase .in accused's surgery. He hliitl seen a revolver in arOcused's hippocket on one o<tension at his (witness') own home.

Cross-examined: Tie did ,u ( >t speak to Fitzsimmons before lie went to accused's bourse. K'iU*imons was incorrect in saying that the constable. wa's the iirst person to whom he spoke on the matter. Witness had expected to find Dr. Goode dead. Morison had told him that. His Honor remarked that that was certainly a curious feature, but not a\i important one. Resuming: Wlh»n he went into the isur«»erv the atvusvd received him rather wawn'ly. Witness told him lie had come to see' Mm. as he wa» no't feeling very well l ], but' the doctor would have none of t'iiaU "Witness felt there, was a real danger of being shot ilf he approached the accused. In arranging the plan of arrest they recognised there was danger to'be encountercU. They drew lots for the doors, but it 'was not recognised tlmt Constable, Mclvor had got the post oi greatest danger, for no one knew where the accused was. He wa« not aware of how the accused received the injuries to his head, and he would not say lie was struck with Ui-e pieces of firewood which hud been used in breaking open the door. Over and over again, at° the police station, accused railed at the police, for arresting him, and seemed to "be at a W to know what all the bother *was aljout. lie did not once re- , feir to the tleat-h of Mrs. Klenner. He j hlUl NO CONTROL OVER 111S I LANGUAGE.

lie saw nothing to make him suspect accused was "shamming." Witness added that he did nut think that the accused knew what had happened, and did not appreciate his position. "lUe accused's conduct was strange. He had to be humored and coaxed before he would enter the cell. He was informed that he would.be taken home in a cab, and coaxing was required there, lie remembered the accused asking at the New Plymouth station 4o be allowed to see the Magistrate at once, so that he could go back home with his solicitor. He had known the accused for about three years, and knew he was addicted to occasional heavy drinking bouts. He had heard accused express the opinion that he was the subject of persecution, that statement having been made in witness' own nouse. He had. never mentioned to witness that he. was being watched. The notion of persecution might have been unfounded; he could not say. Accused lived very much to himself, and was getting more and more unsociable and solitary, lie was a man of peculiar temperament, and the peculiarity was the more marked when he had been drinking and since the arrival of Dr. Claridge in Waitara. To Mr. Weston: Me would not expect a num. upon his arrest, to tell all about his offence. He knew that Dr. Goode had made enemies in Waitara, and that might ibe a reason for his imagining that there were persons who 4 would persecute him.

THE AD-IOrRXMIvXT. At twenty minutes to six o'clock the Court adjourned till ten o'clock this morning, when the hearing will he resumed. The jury was locked up for the wight.