THE ALLEGED MURDR OF MR HAMILTON.

Waikato Times, Volume XIX, Issue 1640, 9 January 1883, Page 2

THE ALLEGED MURDR OF MR HAMILTON.

[B\ f TELEGRAPH.— OWX COmtESPONDKNT.] Auckland, Last Night. The Police Couit, to-day, was crowded with people, to hear the the charge of murder against Thos. Priestly and Marion Robertson Hamilton. In his opening address, the Crown Prosecutor said the medical evidence would prove that a careful examination of ' Hamilton's skull was made hy Dr. Goldsbro', Walhier, and Dawson, when it was seen that deceased conld not by any possibility have caused the injury to his skull in the manner described by Mrs Hamilton — viz., through falling against, 'an iron f bedstead. ,The doctors were convinced from what they saw that the wound was of such a character that it was quite impossible, in any human probability, that it could have been caused in the manner asserted by Mrs Hamilton. There was, therefore, the doctors' statement on one hand, and Mrs Hamilton's version of the affair on the other. The doctors were also prepared to go further, and say that from the nature of the wound, they would swear unhesitatingly that after it had been received the man could not have risen up again, as the whole frame of the skull had been shattered by it. The fracture extended from the crown of the head right round to the back of it. The blow that caused it must have been a very powerful one, delivered with the full force of some heavy implement. He said there was evidence, too, to show that Mr 3 Hamilton had made preparation for the attack upon her husband, if an attack had really been made. One of the female witnesses who had been on terms of intimate 'relationship with Mrs Hamilton, who was frequently in her house, and was fully acquainted with its internal economy, would tell the Court that the infant slept with Mrs Hamilton in one room, and that the two elder children were accustomed to sleep in the same room as their father, viz., that in which he came by his death. On the evening iv question, however, that on which the man received the wound, the two elder children were removed to their mother's room, so that there should be no one in her husband's room when he came home. It would be shown that Mrs Hamilton had made very contradictory and irreconcilable statements about the occurrence on the night Hamilton met his death. Three respectable witnesses would also prove that at five or ten minutes past 12 that night Hamilton was in their company, and was perfectly sober when he left them. His house was only 120 yards distant from where they parted, and yet Mrs Hamilton declared that he did not arrive until about 1 o'clock, when he made his appearance in a beastly state of intoxication. With reference to the axe found it had been taken charge of by the police, and submitted to Mr Pond, provincial analyst, in order that he might ascertain if there were any blood marks on it. He had examined the supposed blood marks both with the naked eye and with a microscope, and had found that there was no blood upon it. Therefore the axe would have to be dismissed from the case. He might also state that the blood-stained trousers and hat of the prisoner Priestly had been examined by Mr Pond with similar results. The blood was found upon the trousers, and it might be stains of the blood of a mammal, but it was surrounded by some fatty matter as it blood and grease mixed had dropped upon it. He thought it only fair that these matters should be stated, as the Press had attached great importance to the discovery of the blood-stains. He had now mentioned all the matters in connection with Mrs Hamilton. As regards Priestly, it would be incumbent on the prosecution to show he has been intimate with the Hamilton family ; indeed, it would be shown that he was on very great terms of intimacy with them, and that he was frequently discovered in the house — sometimes on occasions when, if his actions had not been of a questionable character, he would not have been there at all. It appeared that Mrs Hamilton had been confined several months ago, and Mrs Cowper, the nurse, would state that, when attending on her, Priestly was not only very frequently in the house but also in Mrs Hamilton's bedroom, sitting on the bed and conversing with her in a very free-aud-easy manner. Indeed, so often was he there, and so long did he stay, that she could not perform, for his presence, the daily duties which were entailed upon her. A Mrs Cullen will also say that, prior to Hamilton's death, she knocked at the door of the house, and, getting no response, went round to the back, and, after knocking there, had entered the house, when Mrs Hamilton made her appearance, looking flushed and surprised, and followed by Priestley, who managed to make good his escape from the house. It would also be shown that Priestly was present in the house on the night prior to Hamilton's death, the 26th ; that he subsequently met Richardson and informed him that he had intended going out to Onehnnga, and that hesubsequently alleged that he had gone out there, and had spent the night at the house of a friend named Short at Mangere. A detective went out and made enquiries about this statement, when he found that it was entirely false. The prisoner upon being taxed with this misstatement said he had made a mistake as to the night he had visited Short's house, and he then made another explanation, which was also proved to be fishy. He further said that he had been fishing, and this too was showu to be without foundation. There were two witnesses, Mr Home and Mr Lees, who would state that on the 6th December Priestly came to them, and implored them to state that he had been at their houses on 'the night of the occurrence. Lees, however, declined to do anything of the sort. Qn the 13th December Detective Walker saw Mrs Hamilton in the presence of P-riestly, and on the loth I he was arrested, when amongst other things some doauments suoh as letters, notes, &0., were found in his possession. Tliese would be produced in due course, together with some sermons and reflections upon scriptural subjects. One ot the papers, which evidently referred to Mrs Hamilton's statements at the inquest, contained a num. her of memo* randa, , ■ ; Mr OQQper here observed that these were prisoner's instructions to his counsel, Mr Tyler, and the police had actually confiscated them. The Crown Prosecutor went on to say that another of the documents was an acrostic. This production was found, together with a letter from Priestly, within a blotting-pad, and it was useful as showing prisoner's character. The case was of exceptional delicacy and intricacy, and the evidence 1 resembled a bundle ooff f faggots rather than a strongly linked chain, inasnujch, as each, fact by itself might not prqye mud), b,ut $aken tqgether they w-ere Tery strong. %% would be for the prisoners to shqw that they had lib connectiqn w-iijh th,e affair whatever, and hg qn}y ..hoped and trusted that they would be dq so. Drs. Walker, Goldsbro 1 , Dawson, and Hooper w-qre the,' first witnesses, aqd, all declared. the.ir, h,e}iei $q\, th,e extensive I fracture on Hainiltqn's. s.kijll>cquld not | | have been. 1 prq^uced by a fall oirthe b.edr , ste^d. ' The Vqun.4" corresponded, closely witli the 43{e produced: Three witnesses were examined tq prove t'^at Hamilton George 'MqUpaa 1 deposed thai ha* called immediately after Hamilton's death, and ''Mrs Hamilton -told, him that.' she ' heard him 1 fall' and • went; to hik assistance^ then ■ returning to her 1 own roOni, and she did mot. see him till se%'en o'clock jnext^rtidirning; "h/ •>,>{ it- - -The > case'was'a'djddi l hedv till -to-ntorrow.

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