UNKNOWN MURDER.

Waikato Times, Volume X, Issue 732, 24 February 1877, Page 2

UNKNOWN MURDER.

tje^inchno,: o Qtl^ verdiefiy the^ which did not tei-minate until nearly II Q clock on Wednesday night, .I^^l4Cj^S^Joul3anli^tinxe. , tor out- issue of Th:irsdaj. We inow-igivoit m fall, reproducing such portions— the surgeon's evi--dencs^ for instance-as "wereiheF published, so d ;th:aShe whole affair may be now presented m a complete forra.to on r readers :—x_. The jury having been sworn by the Coroner,; W. .N.:;:;S^raridhe, Esq., Mr T. Y. Pit z Patrick was phos.en ( fp^man, ri and -the. iollominbevidence M taUeni-i ' ' !JL *"*- 1f ■ MwardWaddingfcon,M.D.,sworn saicl: /I .am... a doctor of medicine and surgeon,, residing m Hamilton. I have seen the. body of Samuel Mor-> gan,^,now lying ; i n the ; ga01,5 this morning, I have examined it as to the cause of 1 found upon the body four wounds, made by some : /cutting instrument. • f The tomahawk produced is likely to have caused the wounds. The first wound ls a clean cut wound, immedtately i above the ; right ear, three and a-half inches long, completely through the temporal bone, and penetrating deeply ■ inta ithe brain, rhis wound, is instantly fatal to life ; the second wound is a clean cut wound, on the right side of the neck, cutting through the muscles and dividing the external carrotid artery and ; windpipe; ' This, also, would be a fatal wound within ten minutes after it was given. The third is a wonnd; three inches Idng, across the upper third of the'breastbone, but hot penetrating the cavity of the chest; this would : not be a fatal wound. The fourth is a clean cut wound, about four and a-half mches long, upoa aiK i below tlie angle, of ..th^. right jawbone; the skin is cut through, but the wound does not pass through the muscles, lhese are the only wounds on the body I noticed,? H^The first was, no" doubt, a fatal wound. Without doubt the man was asleep when the hrab blow was given. I judge so from the appearance of the features and the position m which tlie bo:ly is lying. The.first blow given was the first I mentioned, over 'the temple.

Richard Saunderson, sworn, said: I am sergeant mi n the Armed Constabulary and gaoler at Newcastle. I had, yesterday, m my charge, m the gaol, two prisoners^a native named Te Patui, committed on the 22nd of January, 1877, lor larceny, from Alexandra, for .two months, and a European named Samuel Morgau, committed on 6th February,- 1877, for. vagrancy, from Alexandra, on sentence for one months' imprisonment. About halfpas 67 -last. ..night" I locked the two prisoners up m the same cell. I remained m the gaol with Constable Hobson till a quarter to, 8 o'clock, when he said he was going out for a walk. I locked up the gaol, took the keys, and we left the gaol together. I; said to him "Call for the keys at my house on your return, ' as I do not feel so well as usual." , I then went, home to my house, close to the gaol. Constable Hobson came to my house about halfpast 9 o'clock, and sat down a few minutes, when I gave him the keys. He left for the gaol about ten minutes before 10 o'clock. He returned m a few minutes and reported, to me that the windows of the gaol were broken ; that one of the prisoners had escaped and the other, he thought, was lying dead m his cell. I came' with him at once to the gaol, and found that the prisoner, Morgan, was dead, and the other, the native, Patui, had escaped. I went at once and roused up Detective DooJan, and thence to the telegraph-bffico to. try and get the apparatus m the other offices m the district to work. I wrote out a description of the native, and Mr Nicholl, the telegraphist ia Newcastle, having reported to me that the operators at Alexandra and'Te Awamutu were awake, I forwarded description and. account of the murder to them by' telegraph. At about half-past 10 o'clock I also .sent word to the Resident Magistrate. On my second visit to the gaol I examined and found the body quite warm. I also then noticed the wound m the neck, but my light was very bad, This morning I made a fuller examination, and distinctly saw the wounds described by Dr Waddingfcon. On going around the gaol this morninoI found the tomahawk (produced) outside the wall, about one and a-half feet from it, uear to where I last night found the shawl belonging to the prisoner Te Patui, and the waistcoat, f lhe shawl and waistcoat would be, and were, m my charge m store until prisoner was released. These are the trousers (produced) the native prisoner had on yesterday. There are spots of lood on them. I usually keep the prisoners sleeping m the' same cell, as it is the only dry one, besides .the. one kept for drunkards. I have not observed any illfeeling between the prisoners. The native could not understand the English language, but Morgan, the deceased, understood Maori, I believe, very well. The tomahawk produced, is one of these belonging to the Town Board, given for the prisoners to work with, and was usually kept m the kitchen with the other tools; I did not

pxamine last evening, to- see tliab •fßey were all there, as the prisoners constantly using, them to cnt m-p.woocl. I believe numikous com- .* hava bjen mafflfTaffoub tlip itisocure state of the Gkiol, tfbth b°j§j Jjfyself and -others. The |&oveni| Sclent are aware that I did^noo livel m the Gaol. There is no room for me. The prisoner, when he went away, took some clothes' bslongiug The two prisoners only were m the gaol, and no one else, and no one GAuld.ge.^nsideJ^ climbing up the outside wall, 18 of 20 feet high; " ! I >: belief :T£ Patui was undressed when the, blow was struck!/'/. U h' ;-j '/. ,-■; v ■■; '• \ Abraham Hobson, sworn — I am a constable iri the ! Armed. Constabulary, and warder nin : the gaol at Newcastle. I- had i two . prisoners m charge j yesterday. -One" a native named -Te Patui, 'the ! other a pean named Samuel ivtorgari. They were o.Ut workiiig- yesterday, at the cutting on the Wh'aW ' Whata road, under my ,charg;e;/^e:, returned to gaol about half-past five o'clock. ■They cooked their supper- together, and I got my tea'afc the same time. This was about' 6 o'clock, or a quarter past. 7 o'clock Sergt. Saunderson came to the gaol, anid the prisoners- r were locked up about halfcpast 7 o'clockv "When Sergt. Saunderson came, I went to have a wash, and on my return, he had the prisoners locked upV I did not see them /locked , up, or at all, until I saw the deceased, Morgan. Sergeant Saunderson stopped m the gaol, for ab ( out a garter of an hour, talking to me. when he asked^me if I was going for a run, I said yes. He then locked. up the gaol, put the key m his- pocket, .and we left together. On parting at the gate, he said, call at my house on your return, for the keys, as I do not feel well this evening. I came to Sergeant Saunderson's house about ijp.lf-past nine o'clock, and went m 'aftid remained there a short time, a bout a quarter of an ' hour. Sergt. Saunderson gave me the keys, and I returned to the gaol. When I .was coming through the gaol yard, I trod on a pieces of glas3, and ; oue looking towards the window of the room the prisoners were confined m, I observed it was broken. I* put my head into the window, and asked them what they were doing, but got no answer. I then came into my own room, and lit the lamp. I found the window into my own room also broken, and the'' things tossed about, my sword-bayonet on the desk, my ammunition scattered about, and my belt thrown outside into the yard. I immediately went into the prisoner's room. I found the; prisoner Morgan , dead m his bad, and the native prisoner gone. I at once reported it to Sergeant Saunderson, „ who returned to the gaol with me, and found Morgan dead, and the native goue. I remained m the gaol. ■..= Sergeant Saunderson left, and soon after returned a second time; We again examined Mbrg-aiiy body, andfoand it warm. ;, This was about/ 10 o'clock. I then' obtained a horse, and went m pursuit of the native prisoner. :\I /also, found some blankets (3) m ( the .yard, two ! belonging to Morgan^ which were m store m my. room/ and ; one off the native's own bed. 'The prisoners always slept m the same cell together, except on one night, when the native was sick, the native asked me last night, when I was going to wash myself, if Morgan was going to sleep m the lock-up cell by himself. I said no. I have not seen the prisoner since. The native prisoner took a doiiblebarrsled gun away' with him, that was m my room, iv my charge. I have not heard the prisoners grumbling at one another. T did not miss one of the tomahawks last night. They were 'kept m the kitchen. I lock up, the tools m use every night, 'but "not those not m use. Wetfidjnot have • an y tomahawks m use yesterday. The prisoners .had full access to my room. There is a rope fastened to the chimney, which had . been taken' out of my box. It was 'hanging down outside the wall, and by means of which, I suppose, the native prisoner ascended.

Ihoiii'as Kirk', swora— l am a constable, and Clerk of the Resident Magistrates Court at Alexandra. Aboufc 11.30 p.m., on the 20th iustanfc, I was returning frpm.Patarangi, and when crossing- the Maugapiko bridge, I was accosted by Constable MeLeod, and informed lie had just received a telegram, to the effect that a certain native had murdered a prisoner, m Ngarua- : wahia Gaol, named Samuel Morgan. He informed me that Constable ■■Connelly accompanied by some civilians, was to go down the Whata Whata road. I said I would cross the Waipa, and rouse ai Constable there, name Wortley I sent word ; to Major' Many- the KM., that : I \v aSi going up Harapipi way, and was goino- to take Wortley: with me. " I weSt to Wortley s house, and, m his COm . pany, went to .the ford at . Bastable's creek. Just before arriving. fc] iere a person named Henry' Norgrove galloped up and informed me-that Major Mair wished us both to proceed to Stoney Creek, t atMr Living, stones farm; we wbnt there and camped on the Alexandra side of the creek so that we could see or hear an 7 one approaching. We had beeu there about three-quarters of an hour when we heard a dog barking some distance away, and m a few minutes my dog, which was lying

"^uen K^Vd %c steps )of a horse on the opposite bank |leadihg to the forc^ When it reached the bank w& could indistinctly see the horse. V Instead of coming across th 3 ford the horse went up the creek about 20 yards. I proposed to Norgrove that we should run to a place about 8q yards up, where we should meet the horse, and where he could not escape us, the roacl being fenced m on both sides. We ran up as far as we could and sat down on one side of the track, and Norgrove o:\ the other, with an '" understanding that we should both ru3h out together! and seiza the horse at . the same time, we were there liarely a minute when the horse came up at a gallop, arid when opposite us both rushed out and seized the horse, and ;the man on him. . JNorgro.v.e had a revolver 1 and presented ifc at .him. The man gave a. peculiarly loud yell from fright I suppose, and something fell on ray. head and shoulder which I afterwards found to b« a double-barreled fowling piece. I dragged the man to the ground (this is the fowling piece I now produce, which I found afc the place we had the senffle) Norgrove rushed forward and seized hold of the native, ho doubled himself up like a ball and ' threw himself down several times. We secured him by tying his arms behind him with a sash, aud then c-o-ed which brought a young man fijpm Livingstones house. He showd us the way, and we marched the prisoner to Livingstone's. Afc daybreak I proceeded to the ford, and the place where we had the soaffie, I searcbel amongst the fern and there found the fowling piece and an old felt hat. I searched the prisoner m Livingstones house, he had an old shawl tied over h is shoulders containing a pair of strong laceup boots, and m one of them was a piece of common window glass, also a pair of dark tweed trousers that Morgan used to ivear at Alexandra. He had no bridle but a piece of rope fastened to the horses mouth. I caught the horse and left it m stable at Livingstones. At daybreak this day we marched the prisoner into Alexandra, and later I escorted the prisoner on. to Ngaruawahia via Hamilton. , On the shirt the prisoner was ■ wearing* which was a Government shirt branded A.C.N, I observed several spots of blood dry. I examined the prisoner well, but could not find any cuts or bruises save only one slight one on the left; cheek but from whichjuo blood had escaped. On arriving a Alexandra I sent for Major Mair who cautioned the prisoner, that whatever he said would be used against him. The prisoner then confessed that he had killed Morgan m Ngaruawahia gaol, stating as an excuse that Morgan was always at meal times calling him " upoko kohua" or othsr strong language. The prisoner while m my charge has been very quiet and obedient. The prisoner has the shirt on.that,has*the spots. of : blood upon it. This is the shirt now on him (prisoner produced and the spots of blood shown). The prisoner on our stopping him resisted violently, and tried to get away until Norgrove struck him when he gammoned to be dead, I struck him several times, and Norgrove kicked him.

Abraham Hobson, re-called -I recognized, the boots which the last witness took from the prisoner, Te Patui as the boots of the late Samuel Morgan. I took particular notice of them,as he, Morgan,.complained that they hurt his feet.' I also recognised the tweed trousers, as Morgans, or very like his. The old shawl and gfelt hat were m store also the calico trousers that belonged to the prisoner, Te Patui. After a short delibaration "the jury returned a verdict of wilful murder against Te Patui. — The following rider was added :— " That the jury express their regret and surprise that the insecure state of the gaol has not b sen attended to, and further that from the evidence brought before them there doe 3 :not appear to have been any neglect of duty on the part of the gaoler or warder."