SUPREME COURT.—Yesterday.

Thames Advertiser, Volume VII, Issue 1872, 8 October 1874, Page 3

SUPREME COURT.—Yesterday.

CRIMINAL SESSION'S. (Before Sir G. A. Arneit, Chie! Justice.) WILFUL MORDER. Charles Dyer, formerly a sailor, aged 54,,-...was arraigned upon an indictment charging him with the wilful murder of Eliza JBattersea on the 9th of July of the present year.—On being asked if he was guilty, prisoner replied, in a firm voice, "not guilty."—Mr Brookfield (on the part of the Crown) appeared for the prosecution, and Mr Joy defended the prisoner. —The first witness, Michael William Monroe, deposed: I am a special constable stationed at Mahurangi. The prisoner was living with Eliza Battersea at Pakiri. I went to his house on the Bth of July, and slept there, In tho night I got up about 1 o'clock to attend to the lamp (kerosene). I fed the lamp with a feeder on the ledge in the room (produced). I replaced the feeder when I had done with it. The ledge was 4 feet in length, and about 6 inches wide. There was about half a pint lett in the can. The ledge was 4 feet 3 inches from the floor. On the next morning I heard prisoner threaten the deceased. He said there had been another fifty pounds of flour stolen, and he took a bible off the shelf to make her swear that it had been stolen. She was then in a most emaciated condition, hardly able to move without help; she was thin and feeble. I did not notice any bruises about her person. I should think she was about forty. I took the bible out of his hand, and said I would not allow him to use it. I was of opinion that nothing had been stolen, as every member of the family had declared to me that nothing had been stolen. He then attempted to strike her. I told him he ought to be ashamed of himself to attempt to strike sucli a poor, defenceless creature, and I warded off the blow with my right arm. He then called her a w— —, and said, with tho bible in his hand, "By Christ, if I don't find the things I will roast you alive!" He afterwards took the bible again, and said, "Do you know what she told me last night!" I replied 'Wo." He continued, after they went to bed she made use of certain expressions (unfit for publication). I told him he ought to be ashamed to use such language. lie then lit his pipe, and began pacing the room. I said it was getting late, and I must go. He said, " Stop a minute, and take something with you." He put two glasses of spirits in a small bottle, and gave it to me to take on the road. I asked that his son might show me the nearest cut to the main road, and the son accompanied me as requested. This was about two o'clock in the afternoon. On leaving the houso I begged Dyer not to raise his hand against the woman again, reminding him of what Dr. Smith had said to him on the Monday. Dr. Smith said, " Now Dyer, I give you this advice: Keep those paws and toes of yours down, for one blow or one kick from you may causc her death, and your neck will then be in danger." Dyer ! promised Dr. Smith that he would act upon his adrice, and not ill treat the ! woman iu future. Ho again promised me that lie would not. I got some distance from the house, about tho eighth of a mile, when I heard a noise iu the direction of tho house, when Dyer's son said " there, he is beating her again." I returned to the housekand went in at tho back door, when I fwiud prisoner sitting on tho left nursing a little girl on his foot. I picked up some matches from the floor. I went to the woman to see if she had been ill-used during my absence. She was sitting on the form and appeared stupid, and was undoing the waistband of her dress. I did not notice anything particular, and left a second time, but on reaching the same spot 1 heard a similar noise to that I had hoard before. I did not then return, as I was auxious to get away. When about seven miles from tho house I. was overtakon by the son, and in consequence went back to Pakere. There arc three settlers there. I went to the houso of George for the purpose' of ascertaining what had boon done. I git Reynolds, a man I had kuown for; some time, to accompany me to prisoner's 1 house. This was ten o'clock at night. I; knocked at tho end of prisoner's house! with my Btick, but got no answer. I thenwent to tho front and kuockcd loudly, 1 whpn nficr some time prisnnor partly oj eiml the door, . He lu.d nothing on

but his shirt. He stooped a little to see who was coming, and said," Is that you, Monroe p" I said " Yes," and went into the house._ I said " This is a bad job," and told him to put his clothes on while I lit the fire and got some tea. He went into his bedroom, and was there a considerable time. Burns or Reynolds hung on the kettle. Prisoner came out of bis room, and I laid my hand on his shoulder and said " You must not blame me for what lam compelled to do." I then proceeded to handcuff him. He said f I hope you are not going to handcuff me behind my back." I replied that I must in order to keep him out of further mischief. He complained that the handcuffs hurt him. He (prisoner) said, '• If you will take them off I pledge you my word that I will not move away." I then trusted to him. He told me that Eliza Battersea had knocked her head against the kerosene feeder as it stood on the ledge, and he went to light his pipe, when the head of the match fleTv off and ignited her hair, which was saturated with kerosene. I went and examined the kerosene can, and it contained about the same quantity as I left after feeding the lamp in the night, and it was standing exactly in the same position as where I left it. I examined the feeder minutely to ascertain if any had been spilled, but the can was quite dry. I marked it and put it | back on the ledge. I examined the ledge and floor; there was no kerosene on the ledge, but some had been spilled on the floor. A quantity had been spilled on the form, but not under where the feeder stood. To all appearance a large quantity had been spilled on both sides of the spot where Eliza Battersea sat. There was also a large patch on the wall behind where she sat, as though a good deal of the spirit had splashed on to the wall. There must have been at least a quart of kerosene spilled there, for it had run from one end of the room to the other. I searched further, and found a large four-gallon tin of kerosene about half full under the stairs. I inspected the tin; it was unplugged. I then went into the adjoining room to see Eliza Battersea. Dyer followed me. She was in bed, and one mass of burns from head to foot; her hair was all off her head, a cut was on her lip. I took down the clothes and discovered that the upper part of the body was severely burned t especially about the breast; her hands were roasted, and the nails of one' hand were completely turned up. I raised her arms, and the skin hung in shreds from them, also from her breast; her face was in a dreadful state, and her right ear very much swollen. I immediately got some flour and sprinkled it over her. Her head was covered with a cloth, which I removed, and saw that her head was quite hrown; her eyelashes were completely gone,' She was unconscious at the time." I turned up the bedclothes from her feet, and found both the legs bandaged, and the bandages burnt through in places. The smell of kerosene was very strong. I told prisoner I thought she would not live six hours. He made no reply, bnt lit his pipe and walked out of the room. I had her conveyed to the ' Prince .Rupert/ ketch. She never recovered consciousness, but died on board on her way to Auckland. The body, on arriving in Official Bay, was deposited in the dead-house, where Dr. Ellis made a post mortem examination. (Left sitting.)