DEATH OF A BARMAN
INQUEST ADJOURNED
(By Telegraph. — Press Association.)
TIMARU, 10th November.
An inquiry into the circumstances of the death of William Edward Wogan, a barman-porter at the Hermitage, Mount Cook, was held before Mr. C. R. Orr Walker, Coroner, at Fairlie to-day.
William John Whalley, chef, gave lengthy evidence, in the course of which he said a .22 automatic rifle had been lent to him by a guide. Deceased told witness he would borrow the rifle to go shooting rabbits. Witness took the rifle to the deceased's room and stood it in a corner. Later he returned to the room; the deceased was sitting on a chair with the rifle between his legs. The pair conversed for some time; witness then turned to leave, and a shot sounded behind him. Witness did not see where the rifle was when he rushed back. The deceased did not mention anything to witness about loading the gun.
Dr. Sutherland, who performed a post-mortem examination, said the wound in the head was a clean one, and in his opinion the weapon had been hold horizontally. There was no singeing or burning of the hair surrounding the wound, and death would be practically instantaneous. As to whether the injury could have been self-inflicted, witness stated that this would depend chiefly on the position of the body and the instrument used.
The inquiry was adjourned sine die. -Evening Post, 11/11/1931.
DEATH AT MOUNT COOK.
CORONER CONTINUES INVESTIGATION.
QUESTIONS CONCERNING FATAL BULLET WOUND.
(SPECIAL TO THE PRESS) TIMABU, November 30.
An enquiry into the circumstances of the death of William Edward Wogan, barman-porter at the Hermitage Hotel, who was found dead in his bedroom on the evening of November 5th, with a .22 calibre rifle bullet in his head, was conducted by the Coroner, Mr C. E. Orr Walker, S.M., at the resumption of the inquest yesterday.
Inspector Bird conducted the proceedings for the police.
Gunsmith's Evidence. Ambrose Z. Hill, a Timaru gunsmith, of 50 years' experience, stated that he served his apprenticeship with a Birmingham firearm firm and later worked in a Government small arms factory at Birmingham, and subsequently at the Birmingham Small Arms factory. At this factory he was in charge of the assembling department of service rifles and .22 calibre weapons. Witness gave evidence of having made tests of the rifle. He stated that he tested the rifle firing at targets at distances of six inches, twelve inches, eighteen inches, and two feet. The shortest distance showed a fairly big blotch of powder, but on one to two feet distant there was no powder mark.
Witness demonstrated that it was possible to hold the weapon at right angles to the side of the head, and pull the trigger, this being possible on account of the shortness of the barrel. He considered that it would be impossible to hold the rifle to shoot one's self with the barrel 12in away from the head, the furthest one could hold the rifle at right angles being six inches.
The Coroner: Would the wound be consistent with the shooting of the man by another standing at a distance of eight feet.
Witness: It could be done by a man; but; I am not prepared to say it was.
Inspector Bird: Would it be possible or probable, in putting a rifle on a settee, for it to go off?
Witness: It might be thrown down 100 times, and not go off.
The Coroner: Does the rifle go off of its own volition?
Witness: I have tried bumping it hard and softly, and it is impossible to make it go off. The trigger must have been touched by something.
The Coroner: Can you see any way by which the rifle would go off accidentally? — Witness: No.
Inspector Bird: Is it impossible? Witness: No.
The Coroner: Can you show me a position in which the wound could have been caused accidentally while handling the rifle or putting it down.
Witness: I can't. I've tried all ways, manoeuvring it between my legs. Witness added that he could not sec how the rifle could have been fired in the position in which it was found after the tragedy, as there was nothing to obstruct the trigger.
Evidence was given by Charles Digby Elms, manager of the Hermitage, as to examining Wogan's body. He said that the wound was clean, and there was no sign of singeing or burning. He had never previously heard of Wogan going shooting, and although he bad taken greyhounds out he had never asked for a rifle.
Witness said Whalley, who was in the room with Wogan when the shot was fired, and Wogan saw one another frequently; but he did not know anything of their relationship.
Finding of the Body. Wallis George Williams, a photographer at the Hermitage Hotel, stated that about 6.10 p.m. on November 5 he was crossing to his room next to Wogan's. He heard a gunshot, which he thought came from the rear of the bakehouse. He was standing by his door when he saw Whalley, who said either "Bill's shot" or "Bill has shot himself." Whalley said "Go to Bill," but when witness asked where Bill was Whalley did not reply, but went into the kitchen. Witness waited a minute at the door, and Whalley returned and entered Wogan's room, witness following closely. Wogan was lying down in the corner.
Inspector Bird: Where was the rifle when you first saw it? — In the corner up against the wall.
That was after several people had come in? — Yes.
The Coroner: Might the rifle have been on the settee without your noticing it? — Yes. I looked at Wogan.
Inspector Bird: Do you know if Wogan did any betting? — Yes; I know he had small bets.
Was he a partner with anyone at the Hermitage in the betting business? — I think he did put money on with Whalley at times.
Witness was of the opinion that Wogan was quite rational, and not the type to attempt to injure himself, considering he would not have the nerve to.
Inspector Bird: How long would it take you to unlace your boots after you heard the shot? — A good four minutes.
Whalley: Did you hear me sing out to you immediately after the shot? — You may have. I wouldn't like to say as I am a bit deaf.
Are you sure it was four minutes before you saw me after the shot? — Yes.
Are you certain that I left the Toom after we went in together? — Yes.
Betting Transactions. Reginald Digby Elms, a motor-bus driver employed by the Mount Cook Company, said that a few days before Labour Day, while he was crossing the kitchen, Whalley remarked: "If Bill asks you if I gave you any money to take down, say 'Yes.' " At that time Whalley had not given witness any money. Previously he had taken money down for Whalley.
The Coroner: What was he referring to? Some other occasion? — I didn't take anything out of it at all until later.
What happened later? — After I thought it over, I told Bill some days later what Whalley said. Bill told me that he had given Whalley £l0 to put on a horse and that if it did not start the money was to be put on another horse, which won and paid so much. Bill said he was going to try and get his money from Whalley.
How long was this before November 5th? — Five days before.
Did he seem concerned about the money? — Yes.
What was his attitude? — He appeared to be annoyed over it.
Whalley: Did I give you any money before Labour Day to put on horses? — Yes.
Are you sure I gave money? — Yes, it was in an Envelope addressed to a man at the Gladstone Hotel.
Do you remember taking £1 down to go on Monastic at the Timaru races? — Yes.
When I was supposed to have made this statement, did I say anything about "Alby" taking money down? — No.
Did you know "Alby" took money down for me? — Yes.
Do you know how much? — No.
You know Bill pretty well. If I owed him any money don't you think he would speak to me about it? — Yes.
Do you think he would fly off at me? — I couldn't tell you.
Did he say the name of the horse I was supposed to put the money on? — Yes, but I couldn't remember it.
Constable's Evidence. Constable McIntosh stated that on receiving advice about 6.15 that Wogan had been shot, he left for the Hermitage, arriving there about 1 a.m. On examining the body he formed the opinion that the rifle had been held in a horizontal position. He picked up an empty .22 calibre shell from beneath Wogan's bed. He found the rifle lying on the settee, trigger uppermost. On the wall, between the settee and the table, there was a mark of Wogan's hair, which was well oiled, the mark being 3ft 2in above the floor. There was a writing pad on the table and on examining it he found the start of a letter, "Hermitage, Mount Cook, November 5th." On the cover there were some figures. There was a bloodmark on the pad.
The Coroner: Have you tested it for fingerprints? Inspector Bird: There are no prints there.
The Coroner: Certainly. There is a fingerprint, but it is not sufficiently clear to say whose it is. It can be sent away for examination.
The witness said that there was no signs of burning or singeing round the wound.
The Coroner: Have you made any tests to see how the wound could have been accidentally caused by Wogan's handling of the gun? — Yes.
Could you make any suggestion? — The conclusion I came to was that if Wogan deliberately committed suicide the rifle could not have been in his own hands.
Questioned by Whalley witness stated that he did not think that the hair-oil mark on the wall could have been made by Wogan, while sitting in a chair. Witness was unable to account for the mark.
A Witness Recalled. William John Thomas Whalley, chef at the Hermitage Hotel, whose opening evidence was taken at Fairlie, was recalled. He stated that on his return from shooting, he left the rifle in Wogan's room, Wogan then being out. Later he returned to measure Wogan for a pair of trousers. Wogan was writing letters, witness helping him to spell the words. Witness stated that he left the rifle between the bed and the table; but he took the cartridges with him, and did not leave them until his second visit to the room. Wogan referred to a dispute with his employer over the percentage of the takings. They discussed the New Zealand Cup, and agreed to back an outsider. Wogan was then sitting on a chair, and witness thought he had the rifle between his knees. As witness moved to leave the room, he thought Wogan had the rifle in this position; but he would not swear to it. It was after Wogan had been laid on the bed that he first saw the rifle on the settee.
Inspector Bird: Did you touch the rifle after the shot was fired?
Witness: I was pretty rattled; but I don't remember touching it. Witness considered that if the rifle had been between Wogan's knees, it should have fallen to the floor.
To the Coroner: On hearing the shot, he formed the impression that Wogan was shooting at him. Witness did not think that Wogan committed suicide, but that he shot himself accidentally.
To Inspector Bird: Witness had received money from Wogan for betting, and they had £9 on different horses at the Rangiora races. The first bets he had made with Wogan were on the Timaru races. He could not give theories or explanation how Wogan was shot.
The Coroner: Don't you think it is up to you to give some explanation? Do you realise the necessity?
Witness: I would if I could; but I can't.
Witness could not recall making the statement which Elms, jnn., alleged had been made to him.
The Coroner: Rightly or wrongly, Elms was under the impression that you had embezzled Wogan's money?
Witness: Yes. It does look like it.
The Coroner said the evidence so far did not disclose a case of suicide.
"There is no evidence to justify me finding at present that Wogan was accidentally shot, and I don't feel justified in closing the inquest under the circumstances."
The inquest was adjourned till Thursday. -Press, 1/12/1931.
A writing pad which was recovered from the room of the late William Edward Wogan at the Hermitage on November 5th contained some spots of blood which appeared to have been smeared over the cover by a finger or thumb. This was considered at first to have an important bearing upon the accident which resulted in Wogan’s death, but Inspector Bird forwarded the exhibit to the finger print experts in Wellington and received a report to the effect that there were no finger prints on the pad which might be used as reliable evidence in an inquiry as to the cause of death. Inspector Bird was satisfied after examining the marks through the most powerful microscope obtainable in Timaru that no importance was attachable to them, but despite his own investigations, he determined to refer them to the experts, with the result as stated. -Timaru Herald, 15/12/1931.
MURDER CHARGE.
THE HERMITAGE FATALITY.
ACCUSED MAN REMANDED.
(Per Press Association.) HOKITIKA, April 18.
William John. Thomas Whalley, a married man, aged 33, was arrested today and charged in the Magistrate s Court with the murder of William Edward Wogan at the Hermitage on November 5, 1931. He was remanded to appear at Timaru on April 26. Wogan, who was a porter at the Hermitage, was found dead in his bedroom with a gunshot wound m his head on the night of November 5 last.
At the inquest, which was concluded on February 29, the Coroner, Mr C. R Orr Walker, delivered the following verdict: — That William Edward Wogan died on November 5, 1931, at the Hermitage, Mount Cook, from laceration of the brain substance and haemorrhage, the result of a bullet wound, fired from a .22 rifle. The facts so far proved, in my opinion, definitely exclude the conclusion that Wogan committed suicide; they also are in my opinion inconsistent with the definite conclusion that he accidentally shot himself. The matter is now one for the police to take such action as they may be advised, and the inquest may legally be reopened if the occasion warrants this course. -Ashburton Guardian, 19/4/1932.
MURDER TRIAL
WHALLEY NOT GUILTY
COMMENTS BY CHIEF JUSTICE
MAGISTRATE’S REMARKS
(Per United Press Association.) Timaru, July 27.
In the Supreme Court, his Honour the Chief Justice, Sir Michael Myers, presiding, the hearing was continued of the charge against William John Thomas Whalley, aged 33, married, of the alleged murder of William Edward Wogan at the Hermitage, Mt. Cook, on November 5, 1931. At the conclusion of the hearing, the jury, after a retirement of over three hours, returned a verdict of not guilty.
Constable Mackintosh said he arrived at the Hermitage on November 6. The rifle had no bloodstains. He examined the room in daylight and saw nothing attached to the rifle to discharge it nor any protuberance in the wall which might have released the trigger. The rifle was empty but a box of soft nosed bullets was in the room and an empty shell on the floor. In a statement the accused said he had shown Wogan how to load the rifle, putting two bullets in the magazine and later removing them. Wogan was putting on a chain with the rifle between his knees. As the accused was leaving the room he heard a shot, turned round and saw blood streaming from Wogan’s head.
Dr James Sutherland of Fairlie, gave evidence of the nature of the wound.
The Crown Prosecutor, in his address, said that the jury had to begin with an assumption of the accused’s innocence and, if it had heard anything previously, should put it out of mind and consider the evidence submitted. The only man in the room at the time of the tragedy was the accused. Counsel for the defence had contended that the deceased could have held his rifle out and set the trigger on a nail but there was no nail or protuberance in the room. He contended that it was unlikely and impossible that Wogan had shot himself. Counsel analysed the evidence at length.
Case For the Defence. In the course of his address to the jury, counsel for the accused said the jury had to be satisfied beyond reasonable doubt of the guilt of the accused on what they heard within the four walls of the Court. They had to obliterate everything they had heard outside the Court. There had been some peculiar features about the case, particularly extraordinary he called it, and that was the conduct of the Coroner who held the inquiry and the Magistrate who committed the accused for trial. Those two gentlemen made statements from the Bench which were decidedly prejudicial to the accused, who was going to stand trial on a capital charge. What they had said they had said in public. What they had said they knew would be published. Counsel said that was highly improper and he thought that the Crown Law Office had taken the same view, because a change of venue had been offered, because of the thing having taken place here and being prejudicial to a fair trial. An offer had been made for the trial to take place in another centre. They appreciated the offer but, taking everything into consideration, they had decided that it was unnecessary to accept it. They were prepared, without going elsewhere, to place the fate of the accused, in the hands of a jury at Timaru.
His Honour Sums Up. In the course of his summing up, his Honour said there was one matter he felt constrained to refer to. It was that which counsel for the defence had referred to in his address. When he was charging the Grand Jury on the previous day, he himself, knowing something of the kind had happened, ventured to deal with it in a guarded and general way, without making particular reference to the case. He had hoped that that guarded and general reference would have been sufficient. Counsel for the accused made reference to it, however, and certainly not improperly, and he felt it encumbent upon him to say a word or two to clear the’ matter out of the way. Every person who was accused of a crime in a British community was entitled to a fair trial. During the course of a trial a judge might possibly express an opinion about the evidence, but when he did so he told the jury they were the judges of fact and were not bound by an expression of opinion the judge might utter. He had said the day previously, and he said it again, that a person who was accused of a crime had a right to come before a trial jury unprejudiced and unembarrassed by a prior comment. Counsel had told them of the comments of Coroner and Magistrate, and he felt it his duty to say a word or two about the duties of a Coroner and Justice of the Peace because the Magistrate, when sitting in a preliminary inquiry on an indictable charge, was sitting as a Justice of the Peace. It was the Coroner’s duty to ascertain the cause of death. That was his understanding of his duty. So far as a Justice of the Peace or Magistrate was concerned, he was merely sitting ministerially, merely as a recorder of the evidence before him, excepting to this extent., that he might have to decide provisionally, leaving it ultimately to the Supreme Court, if the case went to trial. Regarding the admissibility of evidence and when all the evidence had been taken, he had to decide whether or not a prima facie case had been made out. If so he would commit the accused for trial, and if no case was proved he would then give his reasons for the dismissal. If, as he gathered from the statement made by counsel, anything had been done in the present case contrary to what he had said, all he could say was that it was to be deplored. It had never happened previously in New Zealand in his experience and he hoped it would never happen again.
Verdict of Not Guilty. The jury, after a retirement of over three hours, returned a verdict of not guilty.
The pronouncement was greeted with applause, the judge thereon ordering the police to bring forward anyone seen applauding.
The police saw no one and the judge said he had seen one man, but he would not like to take advantage of that. He added that he desired to make a certain observation. Counsel for the defence had drawn his attention to the fact that when he was commenting during the afternoon on the comment of the Coroner and the committing Magistrate he had, as he now found, not the accurate finding of the Coroner. He had the finding as it appeared in the local paper, which omitted two or three words, which very greatly qualified the comment that should be made so far as the Coroner was concerned. The position of the Coroner was different from that of the Magistrate and so far as the Coroner was concerned it would have been better if one paragraph of his finding had not appeared. That did not affect the comment so far as the committing Magistrate was concerned. -Southland Times, 28/7/1932.
Nobody else was charged with the murder of William Wogan.
No comments:
Post a Comment