MURDER AT MILLER'S FLAT.
ROXBURGH, May 29. A man named John Kitto, of Miller's Flat, went to the residence of his son-in-law, Joseph Augustus Roggiero, about seven o'clock last night, and without any warning shot through the window with a rifle at Roggiero, who was sitting by the fire.
The screams of Roggiero's wife attracted her brother-in-law, who had to pass Kitto's house.
Kitto shot him also, the ball entering the wrist and coming out at the elbow.
Roggiero died a short time afterwards. Kitto, who was in the Lunatic Asylum some time ago, came to Roxburgh and gave himself up to the police.— 'Daily Times'
[From Our Own.Correspondent.] LAWRENCE, May 29. Between six and seven yesterday evening John Kitto, a miner at Moa Flat, shot one Joseph Roggiero through the breast. Roggiero expired almost immediately afterwards.
Peter Kloogh was at the time looking towards Roggiero's house, and Kitto shot him through the right arm.
Roggiero and Kloogh have families. Both are sons-in-law of Kitto. -Evening Star, 29/5/1882.
THE MILLER'S FLAT MURDER.
THE INQUEST.
An inquest was held by Mr Jonas Harrop, J.P., Acting-coroner, on Tuesday, at the residence of the murdered man Roggiero, at Miller’s Flat. Sergeant-major Moore conducted the inquiry; and after the jury had viewed the body an adjournment was made to the residence of Peter Cloogh.
Niels Peter Kloogh, the wounded man, whose evidence was taken in bed, deposed; I am a miner, residing on the east bank of the river at Miller’s Flat. I remember Sunday evening, the 28th inst. I was in my house, and about twenty minutes past 6 p.m. I heard the shot of a gun. It was moonlight. I heard a scream, and then went outside. I saw two of William Kitto’s children coming towards my house. They were running. They told me that John Murray had accidentally shot Joseph Roggiero. The children are about ten and eleven years of age. I then ran as hard as I could towards Roggiero’s. On the way I met Betsy Ann Roggiero, wife of deceased, near John Kitto’s fence, and near his house. She said the old man (meaning John Kitto) had shot Joe (meaning her husband), now deceased. From what Mrs Roggiero told me, I ran to give what assistance I could to deceased. When I proceeded about ten or twelve steps I received a bullet wound in my right arm. Mrs Roggiero went in the opposite direction, I was shot on the path near John Kitto’s house, when about four yards from the fence. I saw a man standing between John Kitto’s house and the fence when I received the shot, and immediately my hand dropped, and I heard the report of a gun. The man was about twenty yards distant from me when I received the shot. I could not recognise the man. I noticed the flash from the gun. I feel satisfied that I was shot by that man. I did not notice any gun, but came home again. The man appeared to have on dark clothing. I am acquainted with John Kitto; he is my father-in-law. He answered the description of the man whom I saw and who wounded me, and resides in the house with his wife and family. I am not aware of any ill-feeling, but we have not been speaking for some time. I heard his family say he did not care to converse with anyone. About Tuesday last I saw John Kitto’s son William carrying a gun at Miller’s Flat. I recognise the gun now produced; it is not the one William Kitto carried, but it is John Kitto, jun’s., gun, I recognise it by the brass mountings and large barrel. On returning to my house after receiving the shot, I met my wife, Tamar. I told her that I was shot too. I asked a man named James Burns to go for a doctor. He caused Dr McCarthy to be sent for from Lawrence. At the time I received the wound my dog was with me.
Betsy Ann Roggiero, wife of deceased, deposed: I remember Sunday evening last. My husband was sitting in the rocking-chair, putting the baby to sleep, at twenty minutes past six o’clock by our clock. The child is four months old. He was sitting in the kitchen near the fire, nearly opposite the window, and facing it. There are only two rooms in the house (bedroom and kitchen), one window in each room. There is only one door to the house, which opens to the outside. About the time stated (6.20 p.m.) I was standing at the end of the table, washing np after tea. A shot was fired through the kitchen window, which struck my husband in the breast. He exclaimed “My God, Annie, someone has shot me!” I said “Oh no, Joe, it is only someone playing a lark.” I ran out, thinking it was someone with Chinese crackers. I saw my father, John Kitto, walk away from the window with his back towards me. I said “You wretch, what did you do that for?” — meaning shooting my husband. I did not hear him make any reply, but ran to my husband. As I entered the door I met the deceased, with his hand across his chest, and saw the infant fall from his arms on to the floor. I then put my arms round his neck. He said “Don’t stay with me, Annie; run for help; I am shot.” I then ran out and called my brother-in-law, Niels Peter Kloogh. I met my brother John nearly opposite their house. I told him to go to deceased while I ran towards my brother-in-law, Peter, whom I met coming running towards me, near my father’s place, on the path. I requested him to go to my husband, and was returning with him. I saw my father, John Kitto, standing between his own house and the wire fence. He held up a gun to his shoulder and deliberately took aim and fired at my brother-in-law, Niels Peter Kloogh. After being shot he ran towards the house. I knew he was shot. The time father put the gun to his shoulder I saw the flash. About ten o’clock p.m. I returned to my own place with Mr Macklay and Mr McLolland. My husband expired about two o’clock on the following morning (29th). I have been nine years married in June next, and have five children, the youngest four months and the eldest seven years. So far as I know, my husband and father were on good terms.
By a Juror: I do not know that the accused had ever threatened my husband.
The accused was then brought in and identified by witness as the man who shot her husband.
John Francis Kitto, jun.: I am son of John Francis Kitto, the accused, who is known as John Kitto, residing on the east side of the river, Miller’s Flat. I am a miner, nineteen years of age. I had tea at home on Sunday evening last, about six o’clock. My father was in the house, and sitting at the kitchen fire. During the time I took tea I noticed nothing unusual in his manner. I left the house at 6.15 and went to William Murray’s place, about 200 yards distant. While in Murray’s house I heard a report of firearms. The report appeared to he that of a gun in the direction of deceased’s dwelling, which was about 600 yards distant. I then came out of the house and heard a cry, and thought it was my brother who had accidentally shot himself, as he occasionally went out shooting. I then ran towards deceased’s dwelling, and met my sister (wife of deceased), who said father had shot Joe through the window. She said he was coming behind. I saw him coming from Koggiero’s with a gun in his right hand, I was about twenty or thirty yards from father. We did not speak. I went and told mother, and afterwards proceeded to Mr W. Smith’s, which is about 200 yards from our house. I heard a second shot when near Smith’s place, and being frightened, did not return. I identify the gun now produced. My father gave it to me about five years ago. I last saw it in my bedroom on Sunday morning last, 28th. It was not then loaded. I did not miss the gun until between six and seven o’clock in the evening, at the time I went in to tell mother that father had shot Joe (deceased). I did not see the gun until I saw it in possession of the police this morning. I know of nothing to cause father to shoot the deceased. My father was an inmate of the Lunatic Asylum for six weeks about four years ago. He appeared sulky at times and would not speak, and appeared to he troubled with religion, as he was frequently talking about it. When I saw the gun on Sunday the nipple was in, but now it appears to have been blown out.
W. Pool, constable in charge of Roxburgh police-station, stated; On Sunday night, 28th inst., at 9.15, a man named John Kitto called at Roxburgh, and informed me he wished to give himself up. I asked him his reason. He replied, for shooting his two sons-in-law. He had a gun in his left hand, which he handed to me at my request, saying “This is the gun I did it with — take care of it, it is loaded.” I asked him “Who are your two sons-in-law?” He replied he did not know, but knowing accused I asked him if he meant Peter Kloogh and “Mexican Joe.” He said he supposed so. I then locked him up. While searching him I said “What brought this about?” He replied “I will answer before a judge.” I have examined the gun; it appears to be loaded; it is a single-barrel, and the nipple has been blown off. I proceeded to Miller’s Flat to make inquiry if there was any truth in Kitto’s statement. On arriving at Peter Kloogh’s residence I found he had been wounded in the arm. He said he did not see the man who shot him, but thought it was the old man, John Kitto. I then proceeded to Roggiero’s — it was about 2 a.m. — and found him lying on his bed dead, with a wound in his right side. I now produce the gun received from Kitto at the lock-up. I produce the bullet handed to me by Dr McCarthy, who said he took it from deceased’s body at the back part. The bullet appears to fit the bore of the gun.
Samuel Moore: I am sergeant-major of constabulary, stationed at Lawrence. About eleven o’clock this morning (30th inst.), at Ettrick, I asked the accused, Kitto, if he had any other name but John, he replied: “My name is John Francis Kitto.” He added: “After I shot Roggiero I went towards my own house, and I saw Kloogh running to catch me. He hunted a dog on me, but the dog turned on himself, and prevented him getting away. When I shot him it was near the fence.”
Charles Edward DeLacy McCarthy, medical practitioner, residing at Lawrence, stated: I arrived at Miller’s Flat and went to see Niels Peter Kloogh at 9 p.m., and found him suffering from a gunshot wound in the right arm. This morning I made a post mortem examination of the body of Augustus Roggiero (deceased). A bullet had gone through the left lobe of the liver and one lung, fracturing the tenth rib on the right side, and lodging there. I extracted the bullet (now produced). Death was caused by a gunshot wound and the hemorrhage from the lung caused by the bullet.
James Kitto, miner, Moa Flat, deposed: The accused, John Francis Kitto, is my brother. He is about fifty years of age, a married man, with a wife and ten children, six being at Home. When my brother was fifteen years of age he had a severe fall of seven fathoms in a coal mine and injured his head, and since that he has never appeared to be the same, always appearing lightheaded. He was in the Lunatic Asylum four years ago. He appears now to be worse than ever I saw him before, and he says he glories in what he has done.
The jury then retired, and returned with a verdict of “Wilful murder” against the accused, John Francis Kitto.
When the accused was brought in for identification the scene was most heartrending. On Sergeant-major Moore requesting the wife of the deceased to look at the accused, she exclaimed: “That’s the wretch who did it. He is my father, but I can call him so no more.” Accused merely uttered the words “Praise be to God!” -Evening Star, 1/6/1882.
The shocking murder perpetrated by a semi-lunatic named John Francis Kitto, at Roxburgh, recently, affords an example of the feaiful consequences which flow from the present careless supervision of insanity. There can be no doubt that this man has for years been in a condition calling for control, being troubled, taciturn, and strange in his bearing — a state in which it but required a sudden impulse to lead him to do some such frightful deed as that for which he is now in custody. For the crime which he has committed he is utterly irresponsible, and the moral guilt must be divided between his relatives who permitted him the use of murderous weapons, and the Colonial Executive, who ought to have had him under proper control, We hope that our legislators will turn their serious attention to this question before further crimes of the same description are perpetrated. We recognise, in a new country of scant population, the difficulty of dealing satisfactorily with the victims of mental aberration, but much more ought to be done than at present for the protection of the community, and the humane treatment of these unfortunates themselves. There should undoubtedly be some provision made which would prevent local authorities from shipping off lunatics to other ports, as was done the other day with an insane Chinaman, who came very near setting fire to the steamer in which he was sent. Such a reckless disregard tor public safety, in the selfish desire to get rid of a burden, cannot be too strongly condemned, and ought, indeed, to be visited with severe penalties. -Auckland Star, 5/6/1882.
News of the Week
The Mount Benger Mail gives the following further particulars as to the insanity of the man Kitto: — "For a month past he has been more unsettled than usual, and on the day in question he was decidedly worse. He believed himself to be the Saviour (or Joseph), his brothers and son-in-law being imps of Satan, Roggiero being Satan himself. After the occurrence he crossed the river in his own boat and made straight for Roxburgh, where he stated to the police that he was inspired by God to commit the deed, and was on his way to the New Jerusalem. Kitto's friends have recently spoken to several people in Roxburgh about the state of his mind, but unfortunately nothing was done. He says he has no fear of man, as God will see that no harm befalls him." -Otago Witness, 10/6/1882.
We have ascertained that John Kitto, charged with the murder of his son-in-law, Roggiero, at Miller's Flat, was to-day escorted in charge of two of the gaol officers through the streets in manacles, and taken from the Gaol to the Lunatic Asylum. The prisoner, since his lodgment in gaol, has been examined by competent medical authorities, who pronounce him insane. Their report was forwarded to the Hon. Colonial Secretary, who ordered Kitto's removal to the Asylum, pending his trial at the ensuing sessions of the Supreme Court. -Evening Star, 13/6/1882.
MANACLED PRISONERS.
TO THE EDITOR. Sir, — I notice by a local in your paper this evening that "John Kitto, charged with the murder of his son-in-law, at Millar’s Flat, was to-day escorted through the streets in manacles, and taken from the Gaol to the Lunatic Asylum.” Although not for a moment advocating that such a public exposure is too degrading for a man charged with such a dreadful crime as murder, yet I contend that if all prisoners under commital are in future to be thus marched through the public streets in transitu from the Gaol to the Supreme Court and vice versa it seems to be some new idea, when drunkards are conveyed in close cabs from the City Police Court to the Gaol. I have always understood that in the eyes of the law a man is supposed to be innocent until he is found guilty; therefore, in my opinion, to march a prisoner in chains through the public streets before he is convicted is a most harsh and unwarrantable exposure, and besides might lead to serious results as regards the safe custody of the prisoner should public excitement happen to exist. If this is one of the special orders of the new Prison Inspector, whose importation has cost the country so many thousands, then the sooner he is relegated to the Home Country it will be a great benefit to the Colony.
The tumult in Dunedin on the night of the removal of the notorious and arch fiend Butler — who is a foul blot on the page of nature — and the attempt that was made to overpower the officers who had him in charge, and to take instant vengeance on the delinquent, is a recent instance of the bad consequences of such public exposures of prisoners.
I am given to understand that the visiting Justices have remonstrated, in very strong but respectful language, to the Hon. Mr Dick on the gross impropriety of marching prisoners for trial through the public streets in chains. Also the Hon. Captain Fraser, who, I believe, is chairman of the visiting Justices, brought the same question, a few days ago, before the Legislative Council, when the Hon. Mr Oliver replied for the Government that they were not aware of such a practice, and that it would be immediately stopped.
The whole affair is a shame and a horror to a Christian land, and I do hope to see some of our ministers or influential men take this matter up and call a public meeting with a view to obtain an expression of the feeling of the citizens.
— I am, etc., Humanity. Dunedin, June 13. -Evening Star, 14/6/1882.
The “Tuapeka Times” gives the following description of the Miller’s Creek murderer Kitto, the author of the double crime of murder and serious assault with intent to kill, is a man apparently about 50 years of age, and a native of Redruth, Cornwall. He may be a good deal older than this, as he is a man who seems to carry his age well. He has a nonchalant and reticent manner in regard to affairs of this world, snubbing anyone immediately who begins to talk of secular matters, but is possessed of fanaticism in regard to religion. Indeed, everything he does he seems to consider sanctioned by Divine authority. He asks a blessing before meals, and returns thanks afterwards, and prays fervently, before retiring to rest. He seems to realise his position, but appears to think that he was incited to the dreadful crime by Divine authority. He is a Jew by persuasion, and believes in the ancient ceremony of circumcision. He eats his meals voraciously, drinking cold water only as a beverage. He seems to consider tea or coffee or any of these common beverages either hurtful to the system or derogatory to his form of religion. He is a man apparently about the average height, of rather spare build, with dark brown hair, and whiskers slightly tinged with grey. No one, from his outward appearance, would be apt to fancy that he could be guilty of such a horrible two-fold crime." -NZ Mail, 17/6/1882.
THE COURTS. — TO-DAY.
SUPREME COURT. — CRIMINAL SESSIONS. (Before His Honor Mr Justice Williams.)
MURDER. John Francis Kitto, against whom a true bill for murder at Miller's Flat had been returned, was put into the dock.
The Crown Prosecutor said that the prisoner was found guilty of murder by a coroner's jury, and the Grand Jury had also found a bill against him, but he was at the present time confined in the Lunatic Asylum, under a warrant from the Colonial Secretary, issued under section 7 of the Lunacy Act, 1868. He (Mr Haggitt) had applied for instructions to the Minister for Justice as to whether the prisoner should be brought up and arraigned or not, and had been instructed to have him arraigned. The superintendent of the Asylum had stated that prisoner was not in a fit state to plead, that he was actually lunatic, and he could not, therefore, be put on his trial. The course under such circumstances was for a jury to be empannelled to try whether he was in a fit state to plead.
His Honor: If the jury find in the negative then an order can be made for his confinement.
The Crown Prosecutor did not know whether an ordinary jury could be empannelled to try the case.
His Honor: The Sheriff is asked to return a jury at once, and, the jurors on the panel being ready, there is no reason why he should not return a jury from the panel. The Sheriff can draw twelve men out of the box.
A jury was then drawn.
The Crown Prosecutor, addressing the jury, said: Prisoner was committed on a coroner's warrant to the Gaol in Dunedin, and after his commitment to the Gaol it was found necessary to remove him to the Lunatic Asylum, where he has been for some time past. An indictment has been found against him by the Grand Jury for murder, but before he can be tried upon that indictment it must appear that he is of sane mind, because the law does not allow a person to be put on his trial on any indictment unless he be of sufficient capacity to plead to the indictment and to conduct his defence intelligently. Now, this prisoner is not in that position. I shall put in the box, Dr Neil, superintendent of the Lunatic Asylum, under whose charge the prisoner has been for some time, and he will tell you that the prisoner's state of mind is such that he cannot understand precisely what he is charged with, and, therefore, cannot conduct his defence properly. There will be no evidence on the other side. Your duty, therefore, will be to find a verdict in accordance with the evidence you hear.
Dr A. H. Neil, superintendent of the Lunatic Asylum, deposed: The prisoner at the bar has been under my care since June 13. He was committed to my charge by order of the Colonial Secretary, under section 7 of the Lunatic Asylums Act. He is not able to plead to an indictment, nor is he of sufficient intellect to comprehend the evidence in order to make a proper defence. His Honor said that as the prisoner had not manifested outward symptoms of insanity he must ask if he wished to put any questions to the witness.
Prisoner: In what respect have you found me lunatic since I have been in the Asylum?
Witness: From the letters you have written, and from the delusions under which you suffer.
His Honor: Have you any letters with you?
Witness: I have got them all, your Honor. I produce all the correspondence.
His Honor: And what are the delusions?
Witness: Religious delusions, your Honor.
\His Honor: Of what nature?
Witness: He imagines himself to be a Jew.
His Honor: What else?
Witness: He considers that his son-in-law Roggiero was possessed of the Devil.
Prisoner: Not possessed of, but was.
Witness: Was the Devil, and that his son-in-law, who is wounded, is also the Devil.
His Honor: Is there anything else, doctor?
Witness; All his delusions consist of that character.
His Honor: Does he imagine himself to any particular person?
Witness: I am not aware that he imagines himself to be any other than he is.
Prisoner: I am professing to be the Christ.
His Honor: Gentlemen of the jury, I do not know that it is necessary for me to say anything. You have heard the evidence, and you have heard the statement prisoner has just now made. If a person is insane at the time when he properly comes up to be arraigned he is not to be. arraigned, because not being in the full possession of his senses he cannot plead to the indictment nor conduct his defence with proper care. All you have to determine is whether he is in possession of his senses or not. You will be kind enough to consider your verdict.
The jury, without leaving the box, found the prisoner insane.
His Honor: The finding of the jury will be recorded, and the accused will be kept in strict custody until the pleasure of the Colonial Secretary be known. The accused can be removed. -Evening Star, 20/6/1882.
John Francis Kitto died, presumably at Seacliff Asylum, in 1892.
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