The person stabbed this morning is James Amos Holmes, a small farmer, residing at the head of the North East Valley. Holmes for some time past has been engaged breeding pigs, and had in his employ for the past twelve months as a farm laborer a man named John Walters. The two men were this morning employed killing pigs, and happened to have a few words. Walters, feeling irritated at some remark made by Holmes, stabbed him with the knife he had been using for pig-killing. When the magistrate arrived Holmes was too low to allow of his deposition being taken, but on Walters being brought before him for identification, the following dialogue took place. Holmes, addressing Walters — "I can see the blackguard." Mr. Fish — "Can you see the man who stabbed you?" Holmes — "O, yes, I can see him right enough. He has been along with me these twelve months. He told me it would be worse for me; that he would chop me up with an axe, but I did not think he meant it. He then struck me with a knife." Walters — "Jim, if you are dying, tell the truth; you are perjuring yourself, you know." Holmes — "It is the truth, I am quite certain he did it. I think he had a knife in his hand all the time." When arrested about an hour afterwards, Walters was still engaged pig killing as unconcernedly as if nothing had happened. Holmes, in his dying declaration, admits knocking Walters' hat off before the blow was struck. Walters says he also threatened to put him into a barrel. The wound was a transverse one in a slanting direction. The lower lobe of the left lung being penetrated, the result was internal hemorreage, which must result in death, the doctors giving not the slightest hope. Holmes had lost a great deal of blood before medical assistance arrived. At 3 p.m., the time of the magisterial visit, he was sinking rapidly. Holmes ii 25 years of age, married, and has one child. Walters is 47 years, a widower, and without a family. He has been 15 years in the colonies. To the police, he appeared very communicative, but when confronted with Holmes, his demeanor was that of total unconcern. The knife used was a common sheath one. -Evening Post, 23/1/1875.
Murderous assault — John Walter was charged on remand with the murder of James Amos Holmes. — Inspector Mallard: The Coroner's Jury have found a verdict of Manslaughter, and under the circumstances, I respectfully ask, subject, of course, to your Worship's approval, that the charge of murder that is now pending may be withdrawn in your Worship's Court against accused. Of course, the fact of the Jury having found a verdict of manslaughter must prevent the Crown Prosecutor indicting him for murder, if he so thinks fit in his wisdom, so that it would only be going over the same evidence again. — His Worship: In this case there is a rather awkward conflict of jurisdiction. Accused is apprehended on information by the Police, brought before the sitting Magistrate, and then remanded. The Coroner holds his usual inquest, and upon the verdict he commits the prisoner. Now it appears to me to be an awkward conflict for the authorities, one interfering with the other, and yet strictly according to law. Under the circumstances, I don't think that I can interfere further in it, although more justice would be done to prisoner by an examination in this Court, where, under the Justice of the Peace Act, he has so much latitude allowed him in cross examination, and may appear by counsel; and it is almost a hardship to prisoner for the Coroner to commit, when the charge was already before the sitting Magistrate. Under the whole circumstances of this case, I think that I will allow you to withdraw the charge, and the Crown Prosecutor may, if he likes, indict for murder: and I will draw the attention of the Government and Minister of Justice to this anomalous state of things. It has happened before, and it may happen again; and in any serious charges of this kind, where it may be enquired into and where the prisoner is, as it were, possession and before the Court, I think there is a certain amount of awkwardness in a Coroner granting a warrant, amd something should be done to endeavour to prevent any conflict of this kind. The case will be withdrawn. -Otago Daily Times, 2/2/1875.
North-east Valley Stabbing Case.
Last week our telegraphic news contained mention of a stabbing case in North-east Valley, near Dunedin. From Dunedin papers, we notice that an inquest was held on Tuesday last, at the Hospital, on the body of James Amos Holmes, who died on Sunday night from injuries alleged to have been received by his having been stabbed by one John Walters. We extract the following portions of the evidence given:
Jessie Hunt, who appeared with a young child in her arms: My right name is Jessie Hunt. I go under the name of Mrs Holmes. I have lived with the deceased for twelve months. I have known him for three years. I believe he was about 25 at the time of his death. I can’t say where he is a native of. He was an Englishman, unmarried. He was a pig dealer by occupation. The first I know of this is, he came in about half-past eight o’clock on Saturday morning last to the kitchen from the piggery (about 100 yards at the back of the house) and said, “Jessie, I am stabbed.” I said, “No, Jim, you are not stabbed! Stabbed! Not stabbed! Who has done it?” He replied. “Jack has stabbed me through the heart. I am a dead man, Jessie. Everything is yours.”
The Coroner: Whom did he mean by Jack?
Witness (pointing to prisoner): There’s Jack. There he is. Jack had been in his employment for about twelve months as generally useful man to assist in the piggery. Holmes, after telling me he was stabbed, went through the passage into the front room and I followed him. I said, “Jim, it can’t be your heart; you’d be instantly dead. Let me look.” I took off both his shirts and saw the dreadful wound. It was not bleeding then. I looked at the shirts first. They were both woollen, ones. They had cuts in them. I next saw the wound in his left side. It corresponded exactly with the cuts in the shirt, I ran for Mr Curran, who lives in the second house from me, about 100 yards away. I asked Mr Curran to run for a doctor immediately, and told him that Jack had stabbed Jim Holmes. I returned in about three minutes, and found Holmes lying on his stomach on the oilcloth of the floor in the front room. He was bleeding very much then. Soon after the doctor came. I saw Jack before the doctor came, for the first time after it happened. He was at the creek. I do not know what he was doing. I went out to empty some water at the creek, and then saw him for the first time. He was at the creek in a stooping position. I said, “ Jack, oh, what have you done? 1 believe you’ve killed Jim.” He said. “No, not, I, he is drunk.” I said, “No he is not; he has only had two glasses of beer.” I went in, leaving Jack at the creek. He, however, came in immediately after me, and came round and looked at Holmes. He said, “Jim, don’t he a fool. Get up; don’t lie there.” He said either “ Come out and finish,” or similar words. He said to me, “Get him up.” and Jim said, “Go away, Jack.” I said, “Go away, Jack, and finish the pig. It will be a loss if you don’t go and finish the pig.” Jack went away. Nothing more was said at this time. He did as I told him, and went and finished cleaning the pig. By that time the doctor came. It was Doctor Cole. I forget what I said to the doctor now. The doctor and I got him on the sofa after his wound was dressed. Jack was not in during the dressing. The policeman came and said, “Where is the man?” I said, “There he is down there.” pointing to Jack, who was still cleaning the pig. I did not watch the policeman. I came back to Holmes. Holmes’ brother came next. The shirts produced are those Holmes was wearing at the time he was stabbed. When his brother came I said, “Jim is stabbed.” He and his brother had some conversation which I cannot remember. I next saw Jack after the policeman brought him into the house, Jack said to me, “I shall have you up on this.” I don’t know what he meant, but I know that is what he said. I said, “I know nothing of this, or how this happened.” Mr Holmes had previously told me about how it happened. I said, “How came Jack to do this,” and he replied, “Oh, just because I knocked his hat off into the water — into that tub.” That was all he said about the quarrel. He did not say there had been a fight or words: of that I am quite sure. Jack seemed sorry for what he had done. When he told Holmes, “Get up; don't lie there,” he appeared to be sorry. He was again brought back by the police to the house, but I don’t know whether it was that day or the next. I said to Mr Holmes, “Jim, can you see Jack in the room.” He replied, “Yes, I can see him, the blackguard.” Jack came a little forward then, and said, “Jim, if you are dying, speak the truth ” Jim said, “That is the truth.” I said. “Jim, speak the truth.” He said, “It is the truth, and nothing but the truth. Jack said something else — I did not catch the words — and the policeman pushed him on the side. Holmes gradually became worse, and died on Sunday night at half-past 11. Jack had been in Holmes' employ for about a year, he lived in our house, sleeping upstairs. He went to bed about ten o’clock. They were on perfectly good terms that night. Jack rose about half-past 5 next morning — I think that was the time — came to our bedroom, and said, “Get up Jim.” and said something else about the pigs. Holmes said, “Go and light the fire, Jack, and I will be up soon.” Holmes rose about 7, and they went to kill the pigs. I got up to prepare the breakfast. While getting breakfast, I looked out once, and saw the two in the piggery killing pigs. Holmes stuck them both. After Holmes had killed one pig, he brought it up on his shoulders to a place close to the kitchen, and said, '‘Give me a glass of beer, Jessie. I have got the other one down. I shall soon have finished, and then I’ll come into breakfast.” I gave him a glass of beer. He went away and returned to the piggery. About ten minutes after he came back again, and told me he had been stabbed.
Detective Bain: About 11 o’clock on the morning of the 23rd I went to deceased’s house in company with Mr Mallard and Dr Garland. After having remained there for a while I was instructed to go to town to bring a justice of the peace, the clerk of the Court, and the prisoner, for the purpose of taking deceased’s depositions. I returned with Mr Fish, Mr Street, and prisoner. I remained under the verandah in charge of the prisoner. The prisoner began to talk to me. I knew he had been cautioned. He said, “He is moaning. He must be suffering great pain.” The door was open and he could hear deceased. “Well,” he said, “it is his own fault. We were scraping a pig together. Jim found fault with something I had been doing. I cheeked him. He said he would put my head in a tub of water. He put his hand up to the back of my head and pushed my head down. I am sure my hat’s in the tub now. I then let him have it; and that’s the whole affair.” That was all the statement he made to me.
Dr Cole corroborated the evidence by Dr Garland as to the post mortem. The blow must have been given with great force. It was of too great violence to have been done in a struggle. It was a clean plunge. It could not have been done in wrestling. Had deceased fallen on the knife, there would have been a rent, and the knife would have been bent.
The jury, after a deliberation of two hours and twenty minutes,. returned a verdict of “manslaughter” against the prisoner, Walters.
Holmes was a brother of Mr Holmes, landlord of the Robert Burns Hotel. Walters is a native of Germany, forty-seven years of age, a widower, without family, and has been fifteen years in the colonies. -Cromwell Argus, 2/2/1875.
MURDER.
John Walters was charged with the wilful murder of James Amos Holmes, at the Northeast Valley on January 24 of the present year. Mr W. D. Stewart and Mr Taylor defended.
The Crown Prosecutor stated the facts of the case, which were fully reported at the time of the inquest on the body of deceased. Deceased was a pig dealer, about 25 years old, and resided in the North-east Valley, where prisoner lived with and assisted him. On January 23 deceased went away from the place for a few hours and instructed prisoner not to let his pigs stray into the oats of a Mr Curran, whose land adjoined. The pigs, however, were allowed to stray there, and Mr Curran went to deceased’s house and complained of it. Prisoner, who was present, used abusive language to Mr Curran, and deceased ordered him (prisoner) to leave the room. The next morning at half-past five o’clock prisoner and deceased got up and commenced killing pigs. The circumstances of the previous day came up in the course of conversation between them, and prisoner appears to have again given offence to deceased, for the latter knocked off the prisoner’s hat (according to deceased’s account — prisoner says that in addition to his hat being knocked off, his head was pushed by deceased into a tub of water.) Prisoner then struck deceased so violent a blow with the knife he was using (a butcher’s knife having a blade about five inches long) that it penetrated into his body right up to the handle, breaking a rib in its course. Deceased ran into the house, and a doctor and the police being sent for, the wound was attended to and deceased’s depositions taken. The bleeding from the wound was all internal, and deceased lingered till the following (Sunday) night, when he died.
Mr Haggitt said the prisoner had more than once admitted that he struck the blow, and the jury would have to decide whether deceased had given prisoner provocation sufficient to justify his using the deadly weapon he at the time held in his hand. [A discussion here ensued between his Honor and Mr Haggitt, the learned Judge stating that the law was as follows: — If one of two persons conducts himself towards the other in such a manner as to cause ungovernable passion in him, and he, having an instrument (whether deadly or otherwise) in his hand at the time, strike the first-named a fatal blow while under the influence of ungovernable passion, the crime is not murder; for, from his temper being at the time ungovernable, the striker could not be responsible for his actions. It would not matter whether the instrument used was a deadly weapon or not; but it would be a different matter if the man that struck the blow first went away and searched for a deadly weapon of which to make use. The question in a case of this sort was, therefore, whether the conduct of the one party was such as reasonably to cause ungovernable passion in the other; if so, the latter was not responsible, and the crime was not murder.]
Jessie Hunt, housekeeper to deceased, was examined at great length by Mr Haggitt, and gave similar evidence to that given by her at the inquest.
In cross-examination by Mr Stewart witness said deceased was irritable at times, and always ready to lift his hand. On the day previous to the stabbing, deceased went into town twice, and when he returned it was evident he had been drinking very much. He brought with him four dozen of ale and porter for a man named Wallace who lived at the same place, and whom witness had never seen sober. On the same night Wallace and deceased sat up drinking very late, and in the morning there were four or five empty ale bottles on the table. Deceased had two glasses of beer after getting up.
Cross-examined: Deceased was in a good temper the morning he was stabbed, and was not drunk.
John B. Outran, wool merchant and tanner at the North-east Valley, said he was a neighbor of deceased, and on hearing that the latter was went to his house and saw him lying on the floor with a large stab in his side. Deceased said, “I am a dead man; I can feel the blood running round my heart.” He also called prisoner a villain, and asked witness to put him out of the room. Prisoner told witness that deceased had struck him on the head, and that he (prisoner) took the knife from deceased’s hand. Prisoner was continuing to explain when he was interrupted by some one, and that was all witness heard from him.
Other witnesses were examined, and the case had not concluded when we went to press. -Evening Star, 15/4/1875.
ln the case of John Walters, charged with the murder of Amos Holmes at the North East Valley, the Jury, after an absence of ten minutes, found a verdict of manslaughter. Sentence was deferred till Monday. The case lasted till 7 o'clock last night. Mr W. D. Stewart, assisted by Mr W. Taylor, voluntarily conducted the defence. Mr Stewart made an able speech in prisoner's defence, lasting over an hour and a half. -Thames Advertiser, 17/4/1875.
In the Supreme Court, this morning, John Walters, for manslaughter, was sentenced to 15 years. -Bruce Herald, 20/4/1875.
James Amos Holmes lies buried in Dunedin's Northern Cemetery, next to the Fogo family. Twenty five years after James was killed, Mrs Fogo fatally stabbed her husband.
