THE Kaiwarra Murder.

Wairarapa Daily Times, Volume X, Issue 3256, 15 July 1889, Page 2

THE Kaiwarra Murder.

Wellington, July 13th, Mr Bell, (ho Crown Prosecutor, continued his address. He pointed out the improbability of the mnrißcen by the witness Joseph with a gun exposing himself so plainly to view if he intended to lay in ambush for Hawkings, It was no doubt a

hardship to the prisoner that bis wife "» could not be placed iu tho box to say jr~ where be was on the night of the v murder, but lie was somewhat surprised the children had not been called. Iu conclusion, he said if tho jury were certain tho paper wbb traced from the murdered man's body to prisoner's house only one issue possible. The Uurt adjourned at the conclusion of Mr Bell's address.

Mr Bunny addressed the Court on behalf of the prisoner. He asked the Jury to disabuse their minds of tbo wild statements that had been going . about, and also to tho fact that the prisoner whs a foreigner. There no doubt a foul murder had been committed, but it was a question for them to consider whether it had been committed by out; man alone. As regarded the law-suit there had been nothing between Hawkings and the prisoner since January last in rcgurd to the law-suit, and there had been every probability of the legal dispute being amicably settled. The prisoner could gain nothing by the death of Hawkings. He asked them tp ay that the question of motive had'iff; solutoly failed, Ik was shown that Hawkings had quarrels with several people. If tbo" prisoner had contemplated killing Hawkings why did ha not tnko the more portable and easily concealed loaded revolver. As to the stilletto, the fact of it being covered with verdigris for half an inch was sufficient evidence that it had not inflicted the wounds on deceased. Ho commented on the peculanty of the evidence of Mrs Hawkings and Bowles, and their conduct ou the night of the Referring to tho gun he pointed oiiw there was clean proof that both had not been fired off at the same time. The police had early warning of the murder and had not acted with promptitude, They were slow and delatorv, No search had been made of Hawkings' bouse. He reflected on the conduct of Inspector Thomson in not taking tho initial ive in the search of Chemis' house, Jlone of the paper fouud by the police \otl marked for identification, and t A went to the root of the whole case? It was acknowledged that all police ovidence should be taken with caution because of their professional zeal leading them to look upon the worst side of things. Ho asked the jury to give the prisoner the benefit of the doubt in reference to tho presence of a piece of a paper of the 31st May. An intact copy of the paper of that dato had been found at prisoner's house, The evidence showed there were people with guns about on the day of the murder. He pointed out to tho jury that the prisoner left/ his work as usual on the day of tlufl murder and went to it tho following morning (Saturday), and continued till the following Wednesday, when he was arrested, and there was no chango in him—bis demeanour was the same in every respect. He was going to ask them to say in ' this case that the evidence of the i Crown had been so unsatisfactorily : placed before them, and so bungled i by the police, and that the dilatonaess shown by the police in thojffii instance had prevented them taking any otheraction as regarded the person who might be the murderer, He was suto tlioy would weigh every point, ' and that they would come to the | conclusion that the Crown had failed 1 to prove the case agaipst the prisoner, ' and they must remember thfrt it I rested with them by their vordict whethor they sent an innocent man 1 iuto etornity.

Monday. The Chief Justice began summing up this morning. He first pointed out Chemis was of a nationality generally understood to use a woapon in the way done in this murder. jury, he said must be careful mtjffm regard to the small pieces of papor found in tho wound that thoro was no mistake, and they must consider whether they iverj 'satisfied beyond reasonable doubt that the prisoner was the person who committed tho crime. Counsel had suggested the police evidence should be very carefully, and it was fofllae jury to say whether they could see any reason for witnesses making wilful misstatements. His Honor then proceeded to review tho evident in detail.

His Honor's charge lasted two and three-quarter hours. He said it was not an unusual thing for an Italian to have such a dagger in his posses siou as the prisoner had, and of coime in a country district evcryono had a gun. He concluded by tolling the jury if they found a doubt at all in the prisoner's favor ho must have the benefit of it. The Jury retired at ten minutes to ono,