LARRY'S CREEK TRAGEDY.

Inangahua Times, Volume II, 22 April 1881, Page 2

LARRY'S CREEK TRAGEDY.

I Coboneb's Inquest. ' The inquiry was commenced on the day previous, but the evidence tendered was only of a formal niture, being tbat of Constable O'Brien, who deposed only as to Ihe finding of the body. Dr Thorpe in Ims evidence snd that there was no gun«shot. wonnd about the body of the murdered man. In his opinion the wound on the head was caused by one blow only. The evidence of Mr Cereseto was merely a repitition of that furnished by us on Monday last. Thomas Lecher, sworn, said I am a carpenter residing in Reefton. I know John Bell ; I bave been working for him off and on for the lost six weeks at his place at Larry's Creek ; I was so engaged on the 15th instant j I left bis place at 10 a.m. on Saturday morning, Bell was at home on the road when I left; Mrs M'Gahey was there also ; I met Cereseto in midstream, and Mrs M'Gahey and I left Bell's place together; I was riding behind Mrs M'Gahey crossing the river. About mid»Btream we met Cereseto ; I did not return, but Mrs M'Gahey after leaving me on the hank, did so, I went on to Reefton ; I did not again see Bell alive. Mrs M'Gahey and Bell, while I wns about the place, were on medium terms ; I have hoard them now and again have a quite growl j I remember one oc* casion aTiout a month ago ; I know David M'Gahey ; I often Jieard Mrs M'Gahey pay sbe was afraid of her life of M'Gahey ; I never heard Reli express fear for M'Gahey ; J. bave heard him frequently converse about him with reference to certain reports made by other people about M'Gahey threatening to destroy Mrs M'Gahey and Reli ; Bell remarked ihnjt if M'Gahey came there to annoy him he would prosecute him. Mrs M'Gahey: and Bell wore not living together as rann and wife. They had .separate roy__*. I met D. M'Gahey ou

Friday afternoon, and in the evening at Gallagher's at Cronadun. Io the afternoon he was walkiog on the road _ I did not see a gun then with him nor in the evening. Mrs M'Gabey returned at the time Ceresefo met us, for the purpose of ; speaking to Sandy M'Dowall, as to when he would . return to Reefusn. Mrs M'Gahey re«passed, having overtaken me before J got to lyons', but rode along* side of me until M'Dowall came up, after which they both rode together to Gallagher's store. Mrs M'Gahey could not have remained more tban ten minutes at Bell's until she returned, judging from the time in wbich she overtook me on the rise of the bill. By the Jury : There was an old gun about Bell's place, but there was no lock to it j it was a doub!e»barrel gun ; it was there on Sunday after the murder still in the usual^corner, and in the same condition ; I took a single-barrel gun to the place on pYiday evening ; it'was not loaded ; it was returned to roe by Con* stable O'Brien on Sunday evening. Bell was not in tbe habit of wearing collarsthere were none in the house ; I do not wear collars out of town ; I did not notice whether M'Gahey did. I thint it it very doubtful for a stray, collar being left there by persons passing by ; it is not likely that any one would drop a collar in the cow-shed, lut if one came there it would be likely to be trampled upon by the cattle. There were two dog 9at Bell's ; one was tied np ; it is possible that a dog may pick up a collar, and carry it to tbe shed, but the dogs here referred to nre coolies. Before I left the place, Bell did not express any anxiety about remaining alone. When I returned to Bell's on? Friday night, I told Bell and Mrs M'Gahey abont seeing M'Gahey at Gallagher's. Tbey made no remark; I saw no impropriety between Bell and Mrs M'Gahey during my stay there. There are fonr beds in the house-sthree single and one three-quarters ; two beds are in the lean-to, one in tbe front room, which I used ; tbe three-quarter bed was in the room, occupied by Mrs M'Gahey. By the police : I mentioned in the presence of M'Gahey at Gallagher's tbat I wonld be absent from Bell's during Saturday, as I bad to go to Reefton. M'Gahe? and " J£ing had stopped my horse. While at Bell's. T observed no clothing of his in Mrs M'Gabev's room, bnt on. Snnday 1 noticed a coloured shirt in Mrs M'Gahpy's room. By M'Gahey : I said loud enough for you to hear that I \ pvould not return io Boatman's on Saturday, bnt I do not say that you heard it ; I have seen no stocks of old guns at Bell's place, which bad been takeu off for repairs at any time ; I haye never sepn Spiarf'repjjir guns in my presence; I bate heard Smart pepark that he was handy at repairing guns ; I ,tbink it improbable that a eooly pup would cany a collar or sock in bis mouth ; I may have seen a collar lying abont the road at any Jime. By the foreman : M'Gahey and I never bad any falling ont, py % jury ; Mrs M'Gahey and I were on friendly terms bn account of working there. The dogs are apt to bark at horsemen. They frequently take no notice of foot travellers. The old doe would know M'Gahey. The young dog I cannot speak abont. At the time Mrs M'Gahey left on Satprday, Bell at)d Mrs M'Gpbey were on good terms. The cows are generally legged up, bnt are quite ; I do not know of Bell ever being kicked by a oow ; I never he#rd Bell mention if any one had a down on him except M'Gahey. Smart was not there wben I was engaged the last time. Smart and Bell were on very good terms. By M'Gahey : I have heard Bell say the people at Gallagher's and M'Ginley's did not treat him fair, bnt they were on friendly terms of late ; I do not know how Mrs M'Gahey and Bell parted after I was across the river* In my presence they parted on good terms. When she overtook me on the road, I saw nothing unusual about her. Thubsday, Apbil 21st, 1881. The inquest was resumed at 1 o'clock, when the following evidence was taken :— Alexander King i I am employed at present as a storekeeper at Gallagher Bros. I knew the deceased Jobn Bell. He was in the habit of dealing at the store lately. I know D. M'Gahey, M'Gahey came to the store oo Good Friday, the 15th instant, about mid-day. He had a swag, a single-barrel gun witb him, and s shot belt on his shoulder. He remained at the store that night. He did not in my hearing mention the name of Bell or Mrs M'Gahey. He intended to leave in the evening for Boatman's, and asked for some cheese ; I said it was too late for him to go that nigbt. This was about 10 or 11 p.m. at closing up time. He appeared very much excited, and had his swag half on wanting to go that night ; I brought him in, and took off his swag and made him go to bed. His gun was during tbe day standing alongside of the store door ; I asked M'Gahey if it was loaded. He said it was ; I said the fgun shad no business there, and gave it to Frederick Jackson, who fired it off at a stone that I threw up for him. The gun was laid under the 7erendah after this, wbere it remained all night. On going away next morning he took it with him. On taking M'Gahey upstairs to bed he said •' My God King,

I must have revenge." T told him not to he excitable, but lo go to bed and com« pose himself, as the sweetest revenge he could have would be to go far apart from both of them (meaning Mrs M'Gahey and Bell.) I promised to see bim again tbat night, but did not. Next morning between six snd seven, I heard footsteps going down stairs ; I got out of bed, and looked through the window, and saw M'Gahey going towards Boatman's. He had his swag, gun, and shot belt witb him. The accused bad light clothes on, but I cannot say that the snit he bas on now is tbe same. By the Police : M'Gahey did not ap* pear excited until towards night; after Jackson bad fired at the stone I ex* amined it and accused was standing by ; I looked at the stone to see if it was hit, and I told him be (Jackson) had not. put a drop in it ; I did not hear accused make any remark ; I beard no remark at the time. By the Coroner : I have on more than one occasion heard M'Gahey speak very disrespectfully abont Bell and Mrs M* Gahey, but never heard him make use of any threats before Friday nigbt wben going to bed ; tbe gun was a single bar* rei one, and appeared old and very mnch , nsed ; it bad a light stock witb the var' nish worn off; I have seen him frequently carrying a gun, but cannot say it was the same. By accused : I was aware tbat a sum* mons was out at tbe instance of Mrs M'Gahey against you, and you knew it ; you did not giye any reason for wanting to leave so late tbat night, or early next morning. By a juryman : Accused had been drinking and was in liquor when he made use of the expression on going to hed, bot he waa cot drunk. I bad the gun in my hand when I gave it to ' Happy Moments 'to fire witb, and wonld know it again if I saw it, but do not think I oould identify the pieces of it if produced ; I could not say if the gun was loaded again at the time of his leaving in tbe morning. Prisoner could easily load it as he bad ammunition. By the accused : When I took you to bed yon said that they had accused you of an action of which you were not guilty, and that you wonld bave revenge ; tbat was wben you made nse of tbe words • My God, t will bave revenge.' By M'Gahey : lam quite positive you were at the store on Friday, but do not remember if you were there on Thursday or not ; I remember you tell" ing me that you pulled off two shoes off my horse, but I cannot aay if that was j on Thursday or Friday. The man j Gilchrist nrght bave come to tbe store on Wednesday or Thursday. Gilchrist ' did not sleep there (store) at all ; Ido not know Clair even by name $ I have not got his naxbe on the books ; I know a man named Car«y, who slept in the loft. He wat there a day or two. By the Coroner : The pieces of the stock now produced are the same colour ss the stock of the gnn I saw with the accused ; it appears the same kipfl pf wood. The gun had a white wood ram* rod home-made ; I think the wood pf the pieces of the stock now produced is ash, but am not sure. By the foreman : I think the pieeea are vpry like the stock of the gnn M'Gahey had ; I do not know pf anything more, which might throw any light on this matter. Frank M'Lean : lama miner resi ling in Reefton ; Ido not know John Bell ; I know David M'Gahey now present in Court ; Ido not know Mrs M'Gahey ; I last saw accused on tbe 14tb instant (Thursday) at the corner of Smitb-street at Allen's pnblichonse. Reefton. On tbe afternoon of that day as I was puss* ing the house the accused called me in to have a drink, which I did \ I left the house in company with the accused, and went down the Buller road ; I asked him what was the matter with him 9 fter looking at his face P He told me tbat he was in trouble with his wife. That she was in town procuring a warrant for his arrest ; I then asked him to come to live at my place for a day or two nntil the matter would blow over, He de» dined to oome saying that be bad to go back to town again* He told me to set down on a log witb him which I did. He then told me tbat he was in a great way with his wife and a man named Bell ; I asked him why be did not go away from the place and leave them together ; he said tbat for the present he wonld not, but would stay a little longer and that he would have bis revenge on them ; I cautioned him about the remarks he had made, and said that they (alluding to Mrs M'Gahey and Bell) were not worth interfering with ; he said he did not care but that he would blow their very brains out before Sunday; I again cautioned him about what he was saying, and told him to be very careful ; seeing that he was in a great state of excitement I again asked him to come to my placo and have a cup of tea ; he again declined the offer, saying that he would go back to town ; tbis wos about 5 o'clock in the afternoon, and was tbe last occasion on which I saw him ; he left me and I can* not say if he went to Reefton, or down the Buller ; he was then differently dressed to now, except tbe hat, which appears the same ; he had no swag or gun with hiro ; he was sober at the time but rery excited ; I thought at first it was drink ; prior to this I never heard him make any remark about his troubles.

By the accused : What 1 havo now slated was all of the conversation which took place and that was the way in winch it commenced and ended ; I did sympas thise with you in the position in which you were placed ; I told yon I knew a man who had shot another man, and he went to Dunedin and got away ; I waa going to Dunedin at the timo and we went down together, and lhat I bought a claim from him ; I did not state to you that he would not take any money for the claim ; lam sorry to say that lam qnite positive that yon made use of the words that you would blow their b brains ont before Sunday ; lam not quite cert tain and will not swear wbether yuu said bis or their brains. By the Police : On accused making the threat to destroy them I remarked that tbey were not worth troubling about, and tbat he would only get himself into trouble ; he said be would do away with himself, or words to that effect. Thomas Peun iai I : lam a chain man for Mr Montgomerie ; I know Jobn Bell and also the accused now in Court; I also know Mrs M'Gahey ; on last Saturday, the 16tb, I was down tbe Buller road, about three-quarters of a mile on this side of Larry 'ajCreek, cutting bush lines ; ' I did not see any person passing alotyt the road in the forenoon, as I was in the bush, but between tbe hours of 10 and lt am. I heard tbo report of a gun coming from tbe direction of Larry's ; I remarked to Bennet who was with me, * tbat is so-neone down below shooting,' and asked him if he bad heard the report, and he said be bad ; I beard a trap passing along tbe road, Bennet said it was Cereseto's trap ; we heard of the murder shortly after 3 o'clock, and Bennett, I and three other men went down to Be'l's place ; we all and a look round, wben Fred called out ' Here he is,' after going through the shed towards the cow pep. I went in through the ra : .ls with Fred into tho pen and bad a look at the body. He wpb lying on his left side, the feet nesrcst to the door of the pen and the bead farthest. We noticed a mark under right ear and a crack at tbe back of his bead. We noticed some biood on the slabs where he was laying, and I said he is dead enough. Wben we got there first one cow waa in the bail with a leg rope on. One of the men let the cow loose ; I noticed the stool capsized, but did not notice the milk pail. We all went on to tbe road, and on turning round to go away we met Constable O'Brien at the river, when Bennett, myself, and Fred returned witb him. Wben we went back, I showed O'Brien the body in the oalf pen. We went in through tbe rails by the hay. O'Brien examined the body, and we then came ont through tbe door into the cow-shed ; I saw O'Brien pick up two pieces of the stock of a gun. (The pieces now produced, I be* lreve to be the same') I picked up pieces of raper, which I took to bo wtdding for a gnn, and gave them to O'Brien ; I also saw O'Brien pick up a paper*collar with blood on it. AH these things were picked up in tbe cow-shed close to where tbe cow was tied and near to her heels ; I saw some milk which had been spilt in the cow-»shed s*>nie six or eight feet from the cow in tbe direction of the calf paddock ; I also noticed a tin bucket, which appeared to be a new one, but was bent a little on one side. It Was close to the rails pf the calf«paddock, and about ten of twelve feet from the dopr of the calfpen. I noticed close to the calf*pen dooi something resembling the imprint of a man's head in tbe mud, four or live feel from the calf- pen door. There wns at that spot some congealed blood ; I notioed other spots of blood near wher< the body seemed to bave fallen, anc also saw a track of where the body bad apparently been dragged along the mud into the calf-pen. Constable O'Brien remarked—" Here is tbe track along whioh the body has been dragged." We looked about but could see no marks ol shot or bullet. We also searched about to see if we could find any traces ol the other portions of the gun, but could find none. The pieces of the stock were picked np close to the imprint o( the head in the mud. By the jury ; I did not see the ac cused tbat day. We did not tike any notice of any footprint Rbout the shed i I have not seen M'Gahey along that road for four or five months, but heard that he had been at Gallagher Broa store. By tbe Coroner— There was nothing extraordinary in hearing reports of a gun, as we had often henrd reports bctore, and were in the habit of shooting birds abont tbere ourselves. We gener* ally passed ssme remark when he bear shots fired. The report mentioned was the only one we heard thnt dsy ; I am not Bware of any track leadinc from Boatman's to Larry's. There mitjht ho a track further back than the depcb of the survey lines of 32 chains ; I could travel in two hours through the bush from Boatman's to Larry'^ Crock. Patrick M'G^edy: I am a laborer residing ot Squnretown. on the Grey road. I camo to knmv M'Gahry first, only about a week aco. when ho called at my houie with another man one night when the other mnn mentioned hi* name, calling him M'Gahey, and that is how I know bis name. The man now in Court is the person. He left on being told that I kept no croc. He told roe he had conic from Kref:m to lock after Mie man who ira wi'h hi'", nnd who ho said had lost, lus horse nnd saddle, hay« mc cot drunk, nnd said that his boss iind brought the horse in, nnd ho (M* Gahcv) lnd corae out lo look for tho man.' Next saw accused about half past II on last Monday morning. ab>ut half a mile from my place, et Squarctown. 1 saw liim on tho road goinc towards tho Grey. Ibid him the timo of dav, nnd he replied, nothinc else n-as said. Ile was walking at the time uud had a **rug, I

only saw a stick in his band, which I thought was a fiax slick. After he bad passed rae and had gone about 100 yards, he turned off the road to the left through the flax, and I lost sight of him after he had gone 200 or 300 yards. When I last saw him he was still travel* ling away from the road. I had previous to this been told that he was wanted by the policeBy the accused if There is a shallower ford in the direction you were going tban along the road further down. Michael O'Kecfe: I am a farmer living afc Anlonios FUt j I believe I saw the mnn now in Court, and^when I met him it was about du.«k on Monday evening, on the road to Antonios. He nfked me how far he was from Rannan'a. I told him he was v long die'anee, and he asked whether he hadjl«ft it behind nnd I told him it was ahead. He said he had come from a gully aod felt much in want ofa cup of tea, and I told him he had not fir to go, as there was a placo convenient. I i hen turned into the. bush and saw nothinc more of him.. George Bees { I am a publican resiling ot Antonios Flat. The man now in Court David M'Gahey, is the same man who came to my house about a quarter to 8 on Monday evening. H# keoeltH m th> door and said, that, he Ranted supper and bed and that he was very liWßfy^tol^ liim to walk in, when we had a drink at «tbe bar. I then took him into the kit■ehen and gave hiro a pair of dry pants, and socks as, he was wet. Ashe was putting theni On I prepared Ins supper. He threw three one-pound notes wrapped in a piece of newspaper on the lab'e, and tisked me to try to get tkem out without tearing tbem, as they were all wet. While eating bis supper he told me to charge him for three meals at once, as he was very hungry. I told him to wire in, hot to mind, After supper we sat round the fire fdaee for some time. He went to bed about half-past 10. When I was sbo'wiog him his bed he said he would not get up very early, as he was very sleepy. I then closed tbe house and went to bed. About 3 o'clock Sergeant O'Malley and Detective Qufnn arrived and arreatedthim and took him away to Eeefton. Until the police came I had heard nothing of tho murder of Bell. On my inquiring where M'Gahey came- from he told me be had been out prospecting, »bttt did not say where. On coming to the house be appeared wet and miserable, but I did not think it extraordinary as men frequently come to the house from the bush in that •state. This finished the evidence at present obtainable by the police. Mr Inspector Emerson, who at this stage arrived from Greymouth, applied for an adjournment of the inquest to en* able further evidenoe to be obtained and produced. This was granted by the /Coroner, who adjourned tbe inquest till Monday next, at 10 a.tri.