THORN TRIAL.

Taranaki Daily News, 19 November 1920, Page 5

THORN TRIAL.

SEQUEL TO EYRE MURDER, CROWN CASE CONTINUED. FOURTH DAY'S HEARING. /y Telegraph.—Press Association.

Auckland, Last Night. Tlio trial of Samuef John Thorn oil a charge of having, on August 24 last, at Pukekawa, murdered Sidney Seymour Eyre, was continued at the Supreme Court to-day. William James Taylor, licensee of the Tuakau Hotel, gave evidence of a conversation alleged to have taken- place between him and Thorn in the presence of a reporter. Accused asked: "What do yoii think will happen?" Witness replied: "I am satisfied the police are bound to get you or someone else," or words to that ell'ect. Thorn then said: "If they get me I will drag in some other ; there is someone nearer the end of the rope than they think." Witness said: "1 do not know whether you. are innocent or guilty, but I think you are very foolish to talk like that." Andrew M. Shutgar said lie was present when the accused, tilting bade his hat, exclaimed: "By if they get me f will drag some other into it. There is someone nearer tlie rope than they think they are." Cross-examined, Shutgar said that the last witness did not say to the accused: "I am satisfied the police are tiouiid to get- you or someone else." Two witnesses were called to give evidence that after the murder Thorn made enquiries as to the whereabouts of Mrs. Eyre. MARKS OF A HORSE. W. H. Hazard, re-called, said that he had weighed an ounce of English No. 6 shot and the shot from No, 7 Peters* cartridge, and the number of pellets was practically the same. He had fired a Peters cartridge in the police barracks this morning, and he could not describe the room as having been filled with smoke like a thick fog. Mr. Singer said he thought the jury should see a shot fired. Mr. Martin said he would not object provided the conditions were similar to those prevailing at Pukekawa, on August 24, as regarded the size of room, the color of the walls, and the position of the window relative to the dead man and also relative to the position occupied by Mrs. Eyre: otherwise he would strenuously object to the jury having any misconceived idea of what occurred.

His Honor pointed out that there was now three months' difference in temperature, and again the temperature might jbe different at Tuakau from that of Auckland. The experiment would require to be in a house on n dampish night. Without- the same conditions he would tell the jury that any experiment would not be evidence; it would not ho fair. In answer to his Honor, witness said that the wads shown to him by the police could not have come from any cartridge except a Peters. Detective Andrew McHugh, of Auckland, stated that prior to joining the police for/.'e he was a qualified blacksmith for eight years. He scoured an area inside a radius of 20 miles from Tuakau, and altogether examined 1300 horses, of which 41S were shod. In no case did he find any of the animals wearing shoes of the same measurements as those produced in Court. He then gave detailed measurements of the shoes produced. Thomas Wolfendale, a memlier of the mounted police, stated that on August 25 he saw tracks of a horse near Eyre's house, an,d the form of the slioes were quite distinct. Witness afterwards rode I Micky to Eyre's house, and he did the journey in 2 hours 40 minutes. When I witness got to Eyre's the animal showed ! no signs of distress, and was dry under the saddle. Detective ,T. H. Sweeney was the next witness called. He and DetectiveSergeant Cummings had examined the horse tracks behind Eyre's properly and the shoes produced in Court fitted these tracks, POLICE INQUIRIES. Sergeant J. T. Cowan, the police officer in charge of the Pukekohe district, was in charge of the police party that visited Eyre's house early on the morning after the murder, and tho sergeant testified to the finding of liorse-shofj prints. He and Detective-Sergeant Cummings measured the prints very carefully, and followed them to a junction, where a branch ran off the main road to Glen Murray. Along this road the tracks turned back, crossed tho highway, and went on towards Glen Murray. Witness, with Detective-Sergeant Cumimings, arrived later at Granville's place, and saw the accused, who was asleep in his whare. Detective Cummings told him Eyre had been shot the night before by some person with a shotgun, aiul Thorn said "Yes." Detective Cummings said: "The top of his head blown right off with the shot." Thorn Baid "Yes.' 1 Detective Cummings then said tlicy lia<t come to see if Thorn could assist their inquiries. Answering questions, Thorn told tho detective that he was at Eyre's "last Sunday week." Thorn said Sid Eyre and he did not get on tdo well, but he got on all right' with the rest. Witness did not see a gun in the wharo, but he saw a gun case under the bed. The accused gave Detective Cummings the key of the ease, and the detective took tho gun and 55 cartridges. Two police officers examined the gun, and Detoctivp Gumming* said: ''This has been recently cleaned." Thorn said: "I cleanejl it yesterday or to-day." The cartridges were all "Peters high gun" No'.* 0 and No. 7. Detective Cummings handed the gun to witness, who examined it, and found both barrels clean, the left being particularly so. Witness smelt the breech ol the gun and said t,o Detective Cummings: "Smell the powder." Detective Cummings then asked the accused when fired the gun last, and the accused said: "I may have used it since I came jover here or I may not." He said ho had shot rabbits with, it over at Granville's house. STATEMENT NOT READ. Detective-Scrgt. Jam£s Cummings, who was in charge of the police inquiry, described the course of investigations ai described by previous witnesses. On September 2 witness interviewed Thorn, stating that statements had been made by Mrs. Eyre and her two sons. Accused asked what Mrs. Eyre said about him. and he added that he would give the police all the assistance in his power. The statements were then road to him and he then made a further statement, Witness proposed to rsad Mrs. Evre'a

statement, and Mr. Singer- made a formal objection, which was noted. It was then agreed that the statement should not be read, but handed to the jury for perusal. The accused's statement in reply was then read. On September 4, continued witness, he interviewed the accused again and told him about the statement he was reported to have made at Tuakau regarding pulling someone else in if arrested. He asked accused to say who that was, and ho refused. Pressed to say who it was, the accused said: ''No, I won't say no stranger did it. Anyway it must have been done by someone having knowledge, and no stranger could have done if,." He added that he did not suggest Mrs. Eyre or any one of the family had done it. , Thorn was then confronted by Mrs. Eyre, and they had a conversation which witness noted. This was the conversation lit. Tuakau referred to by Mrs. Eyre in her evidence. Witness then read his note of the conversation. This took place after the accuse)l hud refused to say who it was to whom ho referred at the Tuakau Hotel at Iho time. The accused said lie had heard that there were two shots fired. Ho also said that if two were fired in qiiick succession the person concerned would have his arm grazed against the window. Before leaving accused again said he would not say whom he meant that he would drag in if arrested. On September 11 the accused was arrested and charged with the murder. He said: "Right oh," and was taken to the pblice station at Tuakau. When advised to get a solicitor he said: "What good could a solicitor do for me now?" The accused said further: "Don't be too hard on me; a man doesn't want to be too callous." The case was adjourned.