EGGERS FOUND GUILTY.

Taranaki Daily News, 15 February 1918, Page 4

EGGERS FOUND GUILTY.

SENTENCED TO DEATH. TIIJO MONEY' TO BE HANDED TO THE CROWN. By Telegraph.—Press Association. Christehurch, Last Night. Tlie West Coast murder trial was continued to-day. Elizabeth McMahon gave evidence as to interviews between accused and tlie police, subsequent to the tragedy. Cross-examined, she said a watch, chain and pendant, costing ;U4O, were bought with her money. She gave accused a roll of notes when they went out together. The pistol produced, or one similar, was at the lodging in Christclinreh all the time Eggers was on the coast. When accused left on October 2;i he had u good bit of money, including a big roll of notes. The pistol wag bought for her by accused, as be wanted her to learn to shoot. She was surprised when she learned that the pistol was in the brief bag with a lot of ammunition, as she never knew Eggers to take it out. The evidence for the Crown was finished this afternoon. Mr. Hunter did not call any evidence for the defence. Mr. Raymond, Crown prosecutor, addressing the jury, said the facts adduced all led to the conclusion that the crime was committed by one man, and the identification of Eggers as the man who had occupied Alcoek'a cottage, the closest habitation to the scone of the trage'dy, was clear. One piece of evidence was overwhelming, viz., the arrest of accused with the missing money in his possession. Not from start to finish was one word of explanation given by accused as to how he came by this money. He must, therefore, be accounted responsible for the manner in which it had been acquired —in this case, by robbery, accompanied by. murder.

ADDRESS FOR THE DEFENCE. Mr. Hunter, in his address for the defence, referred to the disadvantages accused had been under since his arrest. Ho pointed out that it was only a week, or a few days, before his trial in the Supreme Court that lie was provided with counsel. He (counsel) did not cavil for one moment at the decision of Mr. Justice Denniston that none of tho money found in accused's possession should be used for his defence; yet, from the evidence given, it was apparent that some of that money was accused's or Mrs. McMahon's. Counsel then referred to tho partial accounts of the crime given in the newspapers, which made it difficult for a jury to place themselves in a proper position to try accused, free from prejudice. On the West Coast one newspaper had forgotten the standard of decency which animated the press ns a rule throughout the country, and did not scruple to refer to accused as the liiurderer, ar.d his hands as dripping with his victims' blood. Councel asked whether the Crown had proved to the jury's complete satisfaction that Eggers was the man who committed the crime. If they had any doubt, then accused v/aa entitled to the benefit of the doubt. He submitted that accused was not the man who committed the crime. The case was narrowed down to the question of identification. Tho Cro.vn, asked the jury to presume that tho man | seen in the empty cottage was tho man who committed the crime. No ono camo beforo the court and said: "I saw thatj man commit the crime," or "I saw that 1 man discharge a pistol into thebody of Coulthard." To introduce presumption was monstrous in a murder case. Coun sel contended that the fact that there was another empty cottage near the scene of the crime, further bade from the road, and a little further a\M»y, made it doubtful whether the man who occupied the cottage nearest the scene of the tragedy was the man who committed the crime. It would bo more reasonable for any man planning such a crime to hide himself in the cottage further back, where he would not ho so liable to be observed. Tho evidence of identification was unreliable, and they could not safely accept it. Referring to the weapons alleged to have been used by the murderer, counsel said the pistols produced in court were not identified, and if accused had committed the crime these pistols would not have been found on his person. The jury might ask how did accused get.the money? It was not for accused, on the present indictment, to explain where he got the money. What would the mur r dercr do with tho money'/ lie would plant it somewhere close at hand in the bush. Counsel contended that no adesteps were taken to find the murderer, as the police ought to have had a cordon of men thrown out. If this had been done, the murdered would possibly have been captured the same day as the crime was committed. Counsel suggested it was possible the money had been found and that the tinder had yielded to sudden temptation and decided to keep it.

JUDGE'S SUMMING UP. Mr. Justice Chapman, in summing up, emphasised the fact that there was no evidence respecting any legitimate occupation or business of Eggers in the Runanga district, or, for that matter, cm the coast. Accused's correction in the lower court at Givymoutb of Mr. James's evidence as to the impossibility of James beiug able to see the car from a certain point on the railway, indicated a minute familiarity with the locality, but all the evidence as to identification was of, secondary importance compared with the evidence respecting the finding of the large sum of missing money in accused's possession. The law expected a man who was found in possession of property of enormous value six days after it was stolen, if he was an honest man, to give an explanation and some assistance, but up to that hour no explanation had been given. That was the whole question so far as the jury was concerned, and they were quite entitled, to say the man who stole the money was the man wiio murdered Coulthard. The jury retired at C.3S p.m. THE VERDICT. 'Die jury returned, at 8.51 p.m., a verdict of guilty. When asked if he had anything to say, accused seemed to make an attempt to articulate, hut did not say anything. THE SENTENCE OF DEATH. His Honor, assuming the black cap, said: "Prisoner, the. jury have discharged their duty in the only manner in which they could have discharged it in accordance with the evidence. I have to discharge my duty in the only manner in which the law. allows. The sentence is that you be taken to the place of execution, and there be hanged until you are dead." Eggers, who showed no signs of emotion, was then removed from the dock. THE POLICE THANKED. His Honor: I wish to say,- before this court is dissolved, that I think the thanks of the country are due to the detectives and the police officers assist-

ins; llicm for the iniuiiiKi' ill which, they have brought this offender to justice; io Detective Ward for tlie way In which tlui West (oast evidence was brought together, and to Detective Sergeant «3»# liolly iind 'Detective Abhtott for tlie manner in which they conducted the investl giitions and arrest.. There arc, no doufct, oilier officers, and some of the gcner»l public, who are entitled to a measure o) credit, for their assistance.

| U:s Honor ordered that the money fo'iiul on the person of accused and la liis bag bo declared the property ol the Crown. "The only thing upon *hifl* I have any doubt," he said, "k thefl three. £lO notes, which may be a mattef for consideration late*. I make the order with, this reservation, Ohat if any application is ;nadc to me with regard to these notes, I reserve that mattel for consideration- As for the rest, fchi whole of the money is to be declared the property of the Crown." The Court adjourned till Monday.