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MURDER TRIAL
MBS SADLER'S EVIDENCE.
f\ IA. New Development.
The Missing Coat Button.
. Giving evidence before Mr. Justice
Draper and a jury, in the trial of George
William Auburn for altered murder, Ellen
Sadher, ? formerly a nurse.' and a friend
©f the prisoner, surprised tie ^crowded
court by declaring voluntarily,- without
being asked, 'that ? she bad seen Auburn,
wme time before the date of the mur
der,^ wearing a coat that' was minus a
batton. -.She ns dosely questioned as
to -why she did not make this statement
to, the Coroner, and Mr. A. G. Hayaes
?Pitied -to have the .-witness treated as
hostile, bat' bis Honour refused the ap
plication. . '
Anburn stands' charged -with -the -wilful
nurder of John George O'Neil, the chauf
feur. ' ' ? ? ' ? ?
Mr. Hubert Parker' and Mr. A. G.
Haynes conducted the Crown tfase, and
Mr. M. G. Lavan and Mr. J. F. Walsh
appeared for the accused.
-Re-examined, Francie Hynes, the mo
tor, expert, «aid that the damage to the
deceased's motor car could, have been
caused- with careful driving,. but it could
not bare happened so easily under those
circumstances. A. careful driver ? might
bare caused the back of the car to swinjr.
thus bringing about the defect which
witness* found in the machinery near
«he deferential.
.James Thomas Tracer, advertising
?gent, of the National Mutual Chambers,
Perth .and residing -t* Xedhnds, de
posed that as be was riding home on his
motor cycle on Friday., April 4, shortly
after '10'p.m.,' be ^aW 4 motor car in
Thomas-street 'about 100 yards from the
Subiaco enhance to King's Park. The
car was approaching him from thediree
' tiohof 'Nedlands, and when it Was about
35 'yards away it swerved across wit
ness's track. The driver quickly righted,
the. car, tut witness slowed down, fearing'
*; collision, and called out to the driver.
-Witness also took the number of the
ear, 348L The time would be be
tween 10.15 and 10.30. . '
? Mr. Haynes: Could you see how many
?ccupants there were' in the car? :
Witness: It was. impossible to tell.! All
I- could Bee' w*as that tbere was a man
?tthe wheel. ? ?' .''?? ..?
.?Edward Collins, aged 14, residing with
Ida parents at 296 Vincent-street, Leeder
Tffle. said that on the night before he
beard tithe murder he went to the Le»
derrilte Oral pictures. After that 'wit-
, ness and Mr. Greig, operator at the pic
tures, were fixing up a motor bike, but
they' could not fix it that night, so put-it
inside the fence of the Leederviile Oral.
Then -witness went -home, to the opposite
side of the road, and went to bed. After
being 15 mioutos in bed. he heard a mo
tor car outside, making a 'burring' noise.
It. stopped, sot far from the house. Wit
acas' saw ' a' car between 8 and 9 next
Horning. It was in the sand in front of
ChinneryV batcher's shop, three or four
louses away. That afternoon be bean
?bout the murder. His mother showed
hhn:a newspaper with an account of the
«ase. ' ? : .??'??? ? ' ? .
Mr. xavan: -want time was that?
Witness: Shortly after 12 o'clock. . '
/flow long after the Saturday morning
were' you seen1 by .a policeman?— I was
seen by a policeman about 10 o'clock
that morning. ? '- '.?-..-
'' Was ; it ' after - the ? policeman- saw you
that you saw the. motor car?— No. I
saw.thecarbetween'8ahd9..' ? r
-What- time did you get to bed on the
Friday nigbt?— At 10 mintrtes -o 11.
-,i Have you ever heard ; a ear , make a
aoiae like, the one you described 'before?
— -rdon'Jtaink' so. ';. ?.. ' . '..??-.
. Are you sure you heard the- car stop?
—Yes.' -? :-. . ?'. -. xy -???? ? .-???-. ?.?
VAnd'you went.to* sleep then?— Yes; '
-.-. But you could not tell howCfartbe car
was away when it: stopped? — It stopped
opposite the lamp post ?' - ' ? '?'»''
, : Do you say that because, you saw-' a
car there next- morning?.- You could not
ewear ftwasthe same car?— No, sir.- v v
.Herbert -Charles Collins, horse-driver
. at.-WMttaker's, Subiaco. swore that he
saw a motor car late oh Friday night, be
tween the Leederrille Picture Ortl and
Oxford-street, outside Chinnery's. The
' car was partly on the road,' and partly in
the sand, and it'was faring west, towards
Oxford-street. It had no ligths. He
again saw' the car next morning, and no
ticed the brake rod hanging down. '
.-Mr. Iiavan: Hawlatewas it that- you
got'bome? ?.-.'.
Witness: About 10 minutes to 12. .-'.
v Are you -sure it was not. after '12?—
Yes. 1 heard the clock strike, and asked
my mother- how ' fast the clock, was, and
she said it- might have been five minutes
iast-,:.-; ?; . ?,.?-.;??.?? .-? ??.
-When-.did you ask your, mother how
fast the dock was?— On the Saturday
lugtot, when Twais' going: in to. town. .
', Why didn't you' ask' her on the Friday
night?— I. had no need to; - ??-.'/? ?
?How. do you know it was the- same .car
that you'.saw on the : Saturday morning?
-rrWelL- it was in the same place. \ ? ?
?Mr. Haynes: Did. the car have,the*h©6d
Bp' on both occasions? ' ' ' '
' Wi&iess: Yes. ' ?' ' ? ?'-- ?
. Blood-stariied Car.
-The next witness, Reuben Chinnery,
butcher, of 301 Vincent-street,' Leeder.
Tille, said that early on the Saturday
mortdng— at 4 a.m.— he put his head out
of 'the front window of his house and
saw ^a car, standing. in the darkness, in
front of the house. He left home at
440 that morning, and had a look at. the
car.- . He struck a' match and saw.' that
the .number of the car was 3481. - One
door- was open and the hood was up. N
; This witness -was followed by. Con-.
, stable ©rssdale, «f Leederviile, who said
he xwas 'shown -a motor car, on April 5.
on.theJ*duth side of Leederviile; It .was
*hortlyV after mid-day. The two right
wheels were on the road and the other
two were in the sand. He-saw hanging to
the'.under-cariage some gum' leaves.) and
there were also some bushes in the. car,
which -appeared' to be heavily? stained
with blood. There- were stains, on the
screen, tan the hood, above the- driver's
seat, and on the broken- mirror. of -the
spotHght - There was a bag suin in the
front seat and blood had apparently
fallen 'through -the back, forming a pool
under the cushions.'. .There were also
stains' on the - right-hand ? side- of 'the car
and 'in the back portion. Blood had
ainreEtly run through to! the back seat.
A bloodstained 'jigger' button was lying
ur/the back of the car. with a shank
of thread banging. to it- The brake-rod
wa8j*ticknng; out almost at right angles.
Inside- the car 'were an: attache vase, - a
caieof petrol, and a lifting jack. .
Mr. La van: 'Any person could easily
have -seen the car m the position in
which you -saw: it? '..-.?
Witness: Yes.
?There; was blood all over the car? —
Yes, but the greatest quantity was at
the back of the driver's seat.
-.Was there -blood on the cushions on
the left' side, fronts-There was some
an the *ide of the. car. The big splashes
were, nearer the driver's seat than the
left-hand- seat ? ? ?
itvf Honour: You- aaw rone on 'the
left aeat? ' .* . '
?Witness: No. ,.
Mr. Lavan: There was a fair amount
?n the back seat?
.Witness: Yes. ??
Is that blood on the attache case
(produced) ?— It looks like it .
-Anywhere was this case when you
fist saw it?— On the top of the petrol
case, in the back.
? Arthur Murray, probationer -constable,
and police motor driver, said -he had
Jiid eeven or eight years' experience as
motor 'mechanic and driver. On Satur
day, April 5, be started the engine of
the-Buick car, 3481,. lying in Vincent
efreet. The engine ran all right am
witness put it into reverse gear and
backed it on to the road. But when
he' put it into first gear .the engine
made a. loud grating noise and it would,
not puIL With several helpers, . h*
pushed the- car some distance and then,
when he put it into first gear;aga-in,' -the
engine pulled all right He got the car
as far as the gates of the police yard,
?where it stopped. The engine could
Bot pull it up the incline.
Mr. La van: It was a harsh grating
noise and' not & 'burring' noise?
Witness: Yes. ? ?
William. McDonald, another motor me
chanic, gave evidence of having examined
the Buick 6 3481 and found that the ball
race of the pinion shaft was broken, so
that the car could only be driven in re
Terserand not forward.
Mr. Parker: How could this damage
have been caused?
Witness: Through ordinary wear and
tear and the ball breaking.
Would that happen at once, or gradu
ally?— Gradually.
VWould the grating noise come on
gradually?— Yes.
Would 'there be any difficulty in the
tray of a man sitting next the driver
switching off the engine ?— None what
ever.
CooW Bucb a thing as that have caused
this damage?— I hardly .think «o.
? Supposing the car ran into a small
tree?— No. It would have to be some
thing more severe. ' Jumping a car out
it- sand .could came it. _ ... ? '' -\S,
Would the- breakdown be immediate or
jradual?— It couM be either. '
Have you seen, the' accused : drive a
ar?-rYes. many timee. ' ?
Mr. La van: A man- who would put his
dutch in suddenly; and cause : this grat
ing, trouble, would, sot- be a competent
Iriver, would he?
Witness: No. -.'???
Could that trouble have been, caused
srith 'two wheels in eome eanid and the
«her two on a macadamised road?
Mr. Parker: We don't allege, thai the
thing occurred in Vincents-street .; We
say it occurred before. The climax
came at Vincent-street'- ,
Mr. Lawn: -Well, there are to many
lines alleged! ?-, As long «a you' don't
allege -that it occurred in Vincent-street,
it's all. -right. (To the witness): Are
you the operator at East Perth pictures?
Witness: 'Yes. .
What was the. programme- on the night
of Friday. April 4?— I could rot -ay ex
cept from what the manager told me. .
Well, assuming the three, pictures that
night, were ^'Potash and , Perlmutter,'
'Alias the Night Wind,' and 'The
Pirate' what time would ? the show
finish?— About a quarter to It.
Mr. Parker:' Who aaked you to remem
ber that night? .
?Witness: Mr. Norton,,- the manager,
rang me up -about it. . . '.-???
Don't they often cut slabs out of these
pictures?— Not to the 'extent that would
make more difference- than a few. minutes.
Were there ? any delays in the pro
gramnjethat night?— I;cou!dn.'t say.
I suppose competent drivers !some*
times drive carelessly and cause damage,
to' their cars?— Yes. ... ??'?';
Mmsm's. Ctmrenatieia. '
John' Monson was then : called.. He
described himself as a salesman rending
in Nedlanda He used to go to school
with Auburn, he said, and they had been
friends. On Monday, April 14, he met
Auburn in WilliamHrtreet, near Hay
street, about 11 am., and remained [with
him until about. 4 p.m. He gave witness
to understand that he was going, to the
police . station. - . ? '
'We went together to. the Post Of
Bce,' proceeded the witness, 'and he
asked me to/ring up tte Wooroloo Sana
torium. ' He told me he had no mo.ney on
him at the- time. I asked the person who
answered the 'phone' call to get' 'Miss.
5a3Mer- to speak.' ^ . , - -
His Honour: Where was: Auburn.'
Witness:^ Standing: at. the door of th»
box. . AfteK waiting a little While I heard
a female voice. The girl asked who was
speaking, and I said 'A friend of
Cfeorge's.' I banded the receiver to
Auburn and heard what he said'to the
girl. ' He asked her why she hadn't writ
en to him. He used her Christian .name.
'He also asked her if she was sick,'
added, the -witness.. 'He said *You've
written -to my brother-in-law. Why
haven't you written to me?' That, was
all I heard.' ?' -::. .' --.'??'? ? ? ? .-?
Mr. Haynes: Had you -spoken with
Auburn about the murder? ? ? .. '?'
Witness:-. Yes. He toltf me he had
found an overcoat and had taken it to the
detectives. He told me the detectives
had - been questioning ? him, and he had
made- several statements to them. He also
said they bad 'got him muddled,' and I
told him it was no much good making
statements if he was going, to 'get mud
dled.' 1 advised him to see a solidtorl '
Mt. Haynes: IHdn't you' advise him in
regard to any further statements he
might make to thepdice? . -
Witness: No.. . ; i, / ' ' ??.,...
You ' saw him ? on Sanda'r:..Abrlt 13?—
Yes. It was then that I.gave him. the
advice.-. ''? ,' . ? ,. . _..;?(:.
Did he tell- you about his finding-of the
coat?— Yes. .--I- said.tbiit.if-he knew any
hing about the matter it was. not likely
le would take the- coat to, the police; and
he- replied 'No.'. ?- . . ? - , . ? '? . - 1
? Did-. you make a: statement- to Detee
ive-Sergeant Purdue.?— -Yes. ? He*--' ques-
tioned me and took' down . my answers. . , '
And it was: read' over tor you ?-iYes.
? -Was -it correct ?r-Y«.-.;. :'?' . . ,
Did youvsign it?-^©.. ? :-- .' ,:..?
? -Were you -requested to-do -so? — Yes.'
Mr. Lavan: Cecil James was with' yon
on/the Sunday night , ???..: .
.?.Witness:' Yes. .--. ; , ?', .?',,-., -.-
,IKd the. three of yon meet together?—
Did you and Auburn speak alone when
you first niet?— No.' The three of us
wereon the Palace' corner together. '
? When'you met Auburn 'on the -Monday
it was not by appointment?— No. I told
him'onthe Sunday that if he was in town
on the folldwing daj. I would possibly
see him.' , , ; '? . ? ? '? '???'?? '?-'- :???, ... -^-'
l8-there^anything;-to:add to your ;eyi
dence as to ' your conversations, with' An
burn?— No,' but- 1 would like that state-'
menfread. People- think I am holding
something/back. ;:v -,; :''. ;..'? » W. ;..'.. -..
Mr. : Lavan: .Never: mind 'what people
think..-''''..:-'; , .%*???? ':?.,.. '-, '*,?:. --, .. ?''-
^.:WitneiM:^Bn^^bJiTe.?;to\cpBsider'']thatJ
.?;.-; ?;.Nir^'^lier^ip-«ara. :'??;'; ?'?'?/'???
?laien' SadHer was ^ the next- witness
called, .but- she showed signs of collapse
immediately: she entered the box- and -was
giyen. an: opportunity to recover, with .a
seat-on the .floor: of the' court. '?' , ;. '.-
Meantime Inspector Condon gave evi
dence concerning, the receipt a.t the de
tective office of the' deceased's overcoat
He alsortold the Court of the finding of
the button in the motor car. ~ - ' '
: MisB Sadlier was then in -a fit state
to. give her evidence. .She said she was
recently a nurse at Wooroloo, and she
bad -been 'going with' Auburn for about
14. months. She':had known him for
about two years. : Up till April she wbh
hying for a period with Mrs.: Moir, her
married sister,' in Woodroyd-street, Mt.
Lawley. She stayed there until April 9,
when. she. returned to ' the. sanatorium.
Auburn used to visit her at this house.
On. one occasion it was suggested that
a party, of them should goto Wagin, with
Auburn.: in. a motor car. Auburn said
he wonld .take .them in a' car which,' be
raid, was being loaned to him
by Mr. ;Tord,' of Wjnterbbttom's. He
also' said the car wonld be a Buick six.
On. a subsequent date he said: it would
be aWillys-Knigbt. Some of the party
suggested ttta't &ey should go halves in
the cost of the, petrol.. Various dates
were discussed, and it was finally ar
ranged, three weeks previously' to the
actual, trip/ that they should leave for
Wagjn on a Saturday. When Mrs. Moir
received -a' wire from her. sister, in Wa
gin. telling' of her illness, witness told
Auburn that if the patient became any
worse.'s-he (witness) would go down by
train; .' Auburn. SJid that if witness's sis
ter did not get any :worse-,: it would not
be worth' while going down by train, as
they would' be going on the Saturday by
motor -ar. The party was to' consist of
Mr/. 'and Mrs.. -Moir. three children,- the
two Misses Quiglcy, witness, and Au:
bunt:'- ? . .- ???? -. ;- ','? , i '
': 'The day. before' we^ were' to gb,'i cbn
tinned.:th« . witaess. 'I went to Abbott
and' Rich's' to' get some number plates,
at Auburn's 'request.' ?
Mr. Haynes:^ Were, the plates for a
motor1 car? .' . * . ' ??
Witness: I.don t know what- they were
'for... '.I. only know; they were '?'number,
plates. He told me he would not.be in
town UfJt day, because he would be wbrk
ingfin'Fremantle. '?'??'?
Did Auburn tell yon that 'Ford told
him how. the Buick Six -had. come .'into
his ?possession?— I don't' remember. '
'Did Auburn tell you when he would,
next be at your place in Mount Lawley?.
— Yes. He' said he -would be there that
night, and would bring the car.
Where: did he 'say ie .would stay? —
He was invited to stay at. our place, be
cause- we would-be leaving early in the
morning.
And because of the lengthy tram 'jour-
ney from., Osborne. Park, where Auburn
was 'staying? — I believe it is a lengthy
Journey. I have never' been there by
tram. ' ? ' ?
Did you see Auburn' at the house on
Friday night?— Yes: at about 7 o'clock.
How was he dressed?— The same as
he is now- (in a. blue serge start).
What did ne. wear when next you uw
him?— A suit of grey colour. '. ? ?
Was his hat different?— A'o. He had
the same bat on when we went to Wtogin
as the one he wore on. the Friday
night .. '
Did he always keep himself neat and
tidy? — Yes.
(Did he Irare an overcoat last, winter?—
Yes; a grey one. It wan worn out, and
I haven't seen it since last winter.
Did you hand him the number plates?
— Ties; on the Friday night, after col
lecting them from Abbott 'and Rich's. T
told him I. hadn't paid, for them, but bad
booked them to 'George Auburn, jun.,'
at the Osborne Park Hotel .
What did he say then?-^Npthing, but
he looked annoyed. He might not have
been, but it impressed me that way.
Did he tellyou -what they were wanted
for?— I don't remember.
Did be bring a parcel with him on- the
Friday night? — I -don't know whether he
brought it with him. but there was., a
parcel under his. box, lying inside the
case. : It was abontvtwo feet long, and
probably . about an inch' thick. It was
wrapped in paper, and, as far as I know,
tied in- three places.
What did it appear to be?— ft ap
peared to me. to be iron, but it might
have been wood, for all I know. I asked
him wtatitwas.for. and he said, joking
ly. 'To knock you on the head with.'
How long did he stay that night?— H»
left' between 7.40 and 7.45.
Do you know what became of (tie
plates or the parcel?— No.
Did be, indicate where be was going to
stay that night?— No. He said he might
be back to sleep that night.
hlm-up at: 1050 the follownig morning
at :the .Osborne' Park Hotel and -asked
him where he had got to the night be
fore. /He- said he would explain to me
when he came out to the house. .
? 'When he came but to the house,' pro
ceeded the witness, 'he said be was. -sorry
he. hid not kept his appointment He
Mid .rhere.w«s. -something the matter with
the: car. 'He referred to some part of the
ear, but I don't remember which part
He said he would hire a cUr for the
Wagin trip. I told him not to waste his
money- on hiring cars, and that he had
bettor see myi married sister. I -said that
if she would go, I would go. He then
saw my married sister, and decided to
hire a car. He left the house at about
1.30 p.m., and returned 'at about 2.30 in
Singe's fail' We collected the rest of
the party- ,and Auburn got an overcoat
from the Osborne Park Hotel. As far as
I .remember, Auburn .had on ; a . grey suit
His suit on the Friday night was a navy
blue -one. I made some remark about the
change of suit but 1^ cannot remember
what I said. . . . ..
? ,'?.-' Coavtraatisa la Gael.
His Honour: Why 'did you make- any
remark at all?
.Witness: Because I never liked him
in the grey suit. . ?
Did he explain why.. he had it on?— He
said something, but I can't remember
what it was. . , .'.' '.. ' . ,
. Mr. Haynee: It i* some time since the
inquest, your Honour, and I propose to
refresh her memory, by referring to her
previous -: statements!.: ': ? '? ..
' His Honour (to the- witness): Did yon
recollect at. one time what Auburn aaid?
Witness: Yes. . ' . : .
, Mr. : Parker then handed in the inquest
depositions. . ' ,
Further . examined, the witness said
Auburn had- three suits, a. grey one, and
two blue ones. ; One bad a button off. ?
.Mr;, Haynes: I'm not asking about the
button, yet ' \ ? ' ?
Witness: Yes; tmtM thought I would
tellyou. ? '
Do:you remember what you said in
the other Court?-^No.
His Honour, then directed the witness's
attention to her 'signature in the deposi
tions referring to an alleged statement
by Auburn .about his- change of attire.
The witness then said that the state
ment, in the depositions was correct
that Auburn said he had damaged his
blue suit while working on the ear.' She
hid forgotten that statement for the
time.- ??''?.??.
air. Haynes: You said. something just
now, without being asked, about .the but.
ton being off the suit You. did not say
that before. Have you - seen Auburn
since his arrest? ' . -
Witness: Yes; in Fremantle Gaol, but
the natter was not discussed there. .
No, but you had a conversation with
him?— 'Yes; with a warder at the aide of
BJel ':.'?: .-? ?''?????-. ' ?? ?'?. ''? '.?'-? '.. ,.' '
. Hii Honour: When did you first recol
lect that,.' one of tb* suits had a batton
off?.'- ' ? '.'??' ?-?? '?-?.?' ? 1 .. ? ?,..-? '.??.,.'
'-Witness: When they (brought the mat
ter of the button up at the other' Coort
[ think I told Mr. Parker about the but
ton 'a week. ago. - '- ? ? ' - '.- ? -.??:- ..,-?
. HiB./ Honour: Were you ? present in
ie other Court wh« the other witnesses
fave their evidence? ?, ???'.- ?
Witness: No. ;,.
Mr/i Haynes: But' you' heard the evi
lence* about the. button?
Witness: No. I heard afterwards that
thematter. had been brought up. .
His Honour: Who told you?
Witness: My married sister, when she
had come from the Court' : \
Mr: Haynes then applied for permis
sion, to treat the witness as hostile, on
the ground that her' evidence ? in the
depositions -was inconsistent with her
present, testimony. . ? .
'I am not going to allow you to do
so,' replied .his Honour.-- 'She said she
had. forgotten what she bad said, and I
cin'quite understand that Don't forget
that I can ask her any question I like;'
Witness, under further' .examination,
said that Auburn did not tell her- what
time he got home on the Friday night
He-^did not 'tell her anything about his
movements, on the Friday evening; she
did not ?remember, anyway. She did not
remember, which coat had the button off.
. Mr. Haynes: Where did you see it?
, Witness: At our place. ,
His Honour: When? v ? ' ;
Witness:.. Some time during the last
three months. ? '??? ??'? ?'?;,-?=
Mr. Haynes: Three months before the
arrest?''; ??; .?'-. .' , '??'.'?'?;- ? - ?-.?-'
. 'Witness: -,Yes;; ' ?'.-.-??-. ? -~r '?? . ?
Was.the buttonal ways off the coat?—
Yes..-- /'....??' --.:'. ????-?»??'- a- ? ? .7 . .
Did you hear any. reference during
the Wagin trip to .the finding; of an over
coat?— No. .;-.- .v ?:.'-?:? ? '/?'.--?'??;.' :' '?'.-..?
.And'Aubnrn hadn't mentioned it prior
to!the,trip?-r-No.: ! :? = i'!: -:? '..?-- ??
?'-The '-.Court iadionrned' nntil tn^Akr.
$