THE CHEMIS CASE.

Waikato Times, Volume XXXIII, Issue 2672, 27 August 1889, Page 2

THE CHEMIS CASE.

CHEMIS BEFORE TIIE COURT. an important find. [hy TKIiKOBAI'II. — PRESS ASSOCIATION.] WEllington, Monday. There was a rather lively morning in Court when the hearing of the charge of alleged perjury against Detective Benjamin was resumod. The first witness called was Henry Norman, a young man, who stuttered dreadfully. Mr Jellicoe said ho had ascertained that the witness had a very different version of his story to what he had told him and claimed to treat him as a'ti'ostile witness. This was not allowed, having extracted that tho first thing Norman did that morning was to see Mr Bell. Mr .lellicoo showed him something in a box which afterwards turned out to be a shot pouch, witness said he had never seen it before, and stuck to his statement, though closely pressed by Mr Jelllicoe. Had seen a man named Hare yesterday. Mr Bell objected to any conversation being detailed and Mr Jellicoe asked how he was going to prove witness' prevarcation unless this was done. He was over-ruled, and then the witness said he had never told anyone a different story to what he was prepared to say now. He had written out a statement before Chemis' trial which Benjamin read, but did not give all that otatement in evidence. Mr Graham, tho magistrate rebuked Mr Jellicoe for his style of examination, which was really cross-examining, and the Counsel ceased further examination. Mr Bell wanted to serf) the shot pouch, in order to put a question on it to the witness. Mr Jellicoe declined to let anyone see it, as it had not boon'produced to the Court. He declared solemnly it would frustrate the ends of justice to let it out of his possession. Mr Graham said Mr 801 l had a right to see it but in view of Mr .Tellicoe's declaration ho hoped he would not insist. Mr Bell did not insist and Mr Graham said he did not like to use force. After a pause Mr Bell gave way aud tho magistrate ordered that tho article was not to leave the possession of the Court. and Mr Jellicoe remarked that both he and Mr Graham would have to live in it for lie would not let anyone have tho pouch. Mr Richardson, Minister of Lands, detailed the experiments made by himself with the gun wads and dagger. Other members of the Cabinet were called, but did not appear except the Premier, who was in Court listening to tho case. lie could not say how the band box came to be meddled with, though ho had made enquiries. Mr Jellicoe asked whether he had hoard MiBell suggest Mrs Chemis had cut a piece out herself. Mr Bell said it was false, untrue, and wrong to say ho had done so. Mr .Jellicoe wanted to produce shorthand notes, which would prove who was false but the R. M. said he had already ruled this could not be done, and after heated argument Mr (iraham stopped the whole matter. The Premier was not further examined, except that he said he believed he received seven bullets in an envelope, but was; not quite sure of the number. Mr Jellicoe intimated he would not call any other Ministers of tho Crown.

Cheir.is deposed that Benjamin came to his house 011 June Ist, with a search warrant, looking for a pocket-book stolen from Hawkins. Witness was searched, and his clothe* and hands minutely inspected. Questioned as to whether he was wearing tho same clothes as on the previous day, he replied, "Yes, for weeks before." Witness related the search made, by the police ; the gun was not out of the bed-room the day before; 0110 of the drawers was locked, and tho key was handed by the witness to Campbell for him to search. He usually kept tho drawer locked, so as to prevent the children from getting at tho dynamite caps kept there. Benjamin took papers, such as bills, letters, etc., from the drawer, but 110 newspapers. There were moro there. The powder flask was alongside the shot pouch, and anybody could have seen it. When Detective Campbell found tho stilletto he remarked there is some dust on it, the stilletto had not been out of the sheath for six months. Chemis was under examination when the Court adjourned for lunch. Chemis' evidence corroborated a good many of the details given by his wife as to the articles in the drawer alleged to have been overlooked by the police. His own movements on the night of the murder etc., but in some important particulars it was greatly at variance with Mrs Chemis. She had sworn that a cocoa tin in tho drawer contained £7 or £8 when the police searched, but Chemis said ho believed tie had taken out all the money on the day after the murder. Then Mrs Chemis luid explicitly stated that when tho police searched Chemis, they did not take him outside to get a better light and Benjamin himself had lit the lamp. Chemis without hesitation said he was taken outride t.) see better, and he appeared to think that he lit the lamp hims.-lf, though ho did not seem quite sure all mt it. The third point in which his evidence disagreed with his wife's was regarding the ultimate fate of the quail he asserted wore shot on Wednesday and Thursday preceding the murder. He said they were eat,-in at dinner on the Sunday so far as he remembered, that none were kept for tea, and no one came to tea. Mrs Chemis, however, had said some were left over from dinner, and she gave her brother-in-law, John Dowd, one for his tea. In other respects tho story of tho quail, and how. they were shot two at a time, was in all fours with the wife's narrative, Chemis corroborated Dybell's evidence, as to the purchase of

;i wad-cutter. Ho h;id no opportunity of talking with his wife since hi-s arrest, but had a long int'.rvi'w with Mr Jellicoe. He did not know whether his wife had yet Riven evidence. 110 explained that ho obtained a dozen ballots from Gibson to shoot wild pigs with, but only used three, because they were too small for his Run. In answer to .Mr J Sell lie said he did not wrap paper round the bullets to make them fit, but rannned the paper clown oil the top (one of the theories of the prosecution at his trial was tint paper had been used round the bullets to make them (it.) In further answer to Mr Bell, Chemis said ho could not recollect whether he collected any money for milk on Situr-hiy morning after the murder. Did not hear that Hawkins had been nnirdcwl till the. afternoon ; no, ho remembered it was about 11 a.m. at the Rainbow Hotel, Kaiwarra. There were no fragments ol newspaper in the handkerchief taken out to Thompson. Mr 801 l asked witness why, when called upon by the Judge to say why sentence of death should not be pronounced, he did not mention this among other things. Chemis replied that in such a dreadful position he only spoke what first came into his mouth. Could not say why lie did not mention it in his statement to the Government. Mr Bell : I invite yon to explain it now. Witness : I must have forgotten it. It came one further on that Chemis had a sheat.li knife, but he said ho never wore it ; had a stiletto since the water-works were finished; last used it six months ago. It had a sharp point, and was not bent. The stilletto was shown to him, and he was asked if he could account for the point now being turned. Chemis expressed surprise at its condition, and tried to straighten it with his teeth, but, of course, was promptly stopped. He could not account tor it; it was not so when he last saw it. Ho had never threatened Hawkins. He last talked with him about four months ago. Hawkins olfered to settle a law suit for LTiO ; cold him he was always wanting money, and was never satisfied. Also complained to him about Hawkins'children beating witness', and Hawkins said it was not his children that had done it. Chemis was cropped and shaved, and appeared in convict's garb. The Court adjourned at 5 o'clock.

It is stated that a sheath-knife, sharp on both edees and point turned, has been picked up on the scone of the Kaiwarra murder, along with a shot pouch. fliY TELKGIIAJ'H. — OWN' I'OIUIKfU'ONIIKXT'IW lai.iN'CTO.v, Monday. Some sensation was caused in the K. M. Court this morning by appearance in Court of Louis Chemis, who is now under sentence of penal servitude for life in connection with Kaiwara tragedy. Chemis was dressed in prisoner's garb, and gave his evidence in the case against Detective Benjamin clearly and distinctly, with a slight Italian accent. His wife was also present in court, till ordered to leave by the magistrate. There were again several exciting scenes between Mr Bell and Mr Jellicoe over the conduct of the case. The Magistrate had repeatedly to interfere between the opposing Counsel. The Premier was present in court nearly all day, and the Minister for Lands was called to give evidence as to examining the gun and stiletto taken from Chemis' house. Mr Jellicoe then asked for the

attendance of Sir F. Whitaker, Mr Histop, and Mr Fer(jn», but this was objected lo by Mr Hell, wlio said it was absurd to call the whole ot the Cabinet Ministers in this matter, as their evidence would not be relative to the charge of perjury. Mr Bell went on to say that no doubt the production of Ministers of the Crown was a very ttood advertisement for counsel on the other side, but he failed to see that their evidence had any bearing upon the present charge. Mr Jollicoe retorted that no doubt counsel on the other side went in for a good deal "f advertising himself, but gave way to the objection and contented himself with recalling Sir Harry Atkins in to obtain further evidence as to the articles put in possession of Ministers in connection with the case.