THE WAIHI INQUEST ENDED.

Gisborne Times, Volume XXXIII, Issue 3706, 16 December 1912, Page 5

THE WAIHI INQUEST ENDED.

EVANS HELD TO HAVE SHOT MADE.

A STATEMENT BY THE CORONER VERDICT OF JUSTIFIABLE HOMICIDE. [PRESS ASSOCIATION TELEGRAM] WAIHI, Dec. 15. The inquiry touching the death of (Evans was concluded yesterday before Mr W. M. AValnutt, coroner. The first witness to-day was Mrs Evans, widow of the deceased. She said she saw her husband in the hospital on the morning he was struck. She said his forehead was swollen to twice the ordinary size, and he had wounds on,the back of the head. She knew her husband had a revolver, the weapon alleged to have been used by her husband and taken from him. it vrts not his, but the revolver cover taken from Lei husband was his. Thomas Franklin, secretary of the Miners’ Union,, was the next witness. He was being examined by Lundon as to events preceding the day of the shooting, -when the Coroner said lie could not see what Saturday and MondayJs events had to do with the happenings on Tuesday. _Mr Lundon contended that if con-' tinuity of action to take the hall by force could be proved and that the men had grounds to fear attack they were justified in carrying firearms. The Coroner said lie could keep on for a month with such evidence. Mr Lundon said it wouldn’t matter if it went on for a year if they could get facts concerning Evans’ death. The Coroner replied that he must have direct evidence and would refuse to hear anything concerning the events prior to Tuesday. Mr Lundon then related certain incidents at Waikino, and these were taken down by the clerk of the Court. The foreman of the jury also protested against them as irrelevant. The Coroner explained he wished to have statements recorded as it would show the irrelevancy of the evidence which Mr Lundon proposed calling as regards the scope of the present inquiry. The Coroner, m reviewing the evidence of the exhaustive inquiry, pointed out tnat the scope of a Coroner’s Court applied only to the manner and the cause of death and unlike judicial proceedings hact no concern with circumstances apart from these material facts. He then traversed at length the voluminous evidence adduced which went to show he said that there had ■not been a preconcerted plan on the part of the workers to raid the Mai hi Miners’ Union Hall on November 19, but that their action in so doing had followed on the discharge of lethal weapons from within. Although the statements were naturally conflicting the weight of evidence went to show that Constable- Wade had in the execution of his duty pursued and struck down deceased, who had previously fired upon him, and was justified in so doing because be had reason to believe that his own life and that of others was in danger. The Coroner then stated the legal position as to justifiable homicide, and after a. retirement of 40 minutes a verdict was returned as follows: — “That the jury are of unanimous opinion that the deceased Frederick George Evans met with his death as a result of a blow from a baton delivered by Constable Gerald Wade on the morning of 12th November at the back of the Waihi Miners’ Union Hall at Waihi. whilst in execution of his duty and that lie (Constable Wade) was fully justified in striking deceased down.”