30["The Broome Murder", The Western Mail (Perth, WA), Saturday 18 November 1905, page 17]

THE BROOME MURDER.

CRIMINAL COURT PROCEEDINGS.

DEPOSITIONS OF THE ACCUSED.

HOW MARK LIEBGLID MET HIS DEATH.

A POINT FOR THE FULL COURT.

(See Illustrations.)

In the Criminal Court on Nov. 9, before Mr. Justice Burnside and a jury, the hearing was continued of the charge against Charles Hagen, an Englishman, and Pablo Marquez and Simeon Espada, Manilamen, of having on August 30, at Broome, wilfully murdered Mark Liebglid. The Crown Prosecutor (Mr. A. E. Barker) and the Assistant Crown Prosecutor (Mr. Wood) conducted the case for the prosecution. For the defence Mr. R. S. Haynes., K.C., and Mr. A. S. Canning appeared for Hagen, Mr. W. M. Purkiss for Pablo Marquez, and Mr. C. Penny for Simeon Espada.

Sergeant Byrne deposed to having taken the depositions of the accused Pablo and Simeon, and to their arrest.

By Mr. Purkiss: Witness did not make any promise to Pablo that if he made a full statement of what he knew he would be called as King's evidence. Pablo made the statement of his own free will. On the two occasions on which Pablo made statements the only persons present were the Magistrate, a priest, and witness.

By Mr. Penny: At the Police Court inquiry the evidence of each witness was conveyed to the accused Simeon through an interpreter. The written depositions of each witness were read over, and interpreted to Simeon.

At this stage Mr. Barker put in the sworn evidence of the three accused at the coroner's inquiry, and the depositions were read to the Jury.

Charles Hagen's statement was to the effect that on the morning of August 30, Liebglid, who was a little intoxicated, said that no one in Broome would do what he had done the night before, viz., go round the sandhills with a bundle of notes in his pocket in the company of a big coloured man. He implied that he thought the man was not going to deal fairly. Witness was at his billiard-room at about half-past 9 that evening, and saw Liebglid there. Witness then went to tho Chinese gambling house, and saw Liebglid come to the door and look in about 10 o'clock. That was the last he saw of the deceased. He did not remember leaving the gambling place till after ll o'clock, when he went to the coffee shop and got his keys and billiard takings from Clais and Wales. He was then a bit intoxicated. Clais came to his place afterwards, and witness told him that he was hard up and could not get euough money to pay the rent due on the 1st. He wanted to leave Broome by the Sunday's boat, but could not get in the money due. Next morning he was up just after daybreak, and saw on his verandah a coloured man, who said that he belonged to Pigott's or Rubin's, boats. Shortly afterwards be saw Pablo go by, and later on, when passing Liebglid's house, he saw his door open about 12in. and Pablo standing on the verandah of the next house. Returning, he opened Liebglid's door and called out to him; but got no response. Later he heard Liebglid had been killed.

Pablo Marquez deposed on oath that on the Wednesday night he went home about 10 o'clock, and found Simeon there. Simeon had rowlocks in his hand and a sling-shot round his waist, and said he was going to the lugger. Witness, on going out into the street again, met Liebglid, who said that he was going to Yasokuhi's house to get some money. Witness and the deceased then went down to the beach, where they saw Hagen and Simeon with a dinghy. Hagen said, "Ready," and Liebglid replied "Yes." The two of them then got into the dinghy, and Simeon rowed them out to the old schooner Mist, subsequently returning and taking witness off. They sat down on the mid hatch, and Simeon went into the galley and brought out a pearl in a handkerchief. Liebglid looked at it, and said, "it's only a lemonade bottle stopper." Simeon thereupon hit the deceased over the head with the slingshot, and the latter cried out and jumped overboard. Simeon tried to catch. Liebglid, and Hagen and witness jumped into tho dinghy. Simeon swam with Liebglid to the dinghy, and Hagen held him while Simeon got into the boat and both of them struck him several times on the head. Liebglid yelled out "Murder" two or three times, and held on to the dinghy with his hand. " Simeon hit him on the hand with the slingshot, and he sank. Someone on the beach cried out "Who's that?" and Simeon rowed quickly aloug the outside of the mangroves, and came ashore. As they came ashore, Hagen said, "Don't tell anyone. Next day, at 5 a.m., Simeon awakened witness, and warned him not to tell anyboyd about the man killed, and asked him to look after a bag which he had put behind his shop. Simeon said that he did not use a knife, because they would say by-and-by that a coloured man killed Liebglid, but, as it was, people would think that he fell in the water and got drowned. He saw Hagen that morning, and he said: "Pablo, you look out. Don't tell anybody about this thing." Witness then went on to detail the circumstances of finding the bag in the bathroom, and giving information to the police about it. On the Saturday, he met Hagen, who said: "Pablo, police after you all the time," and Hagen asked if his name had been mentioned. Witness said "No." Later in the afternoon Hagen said to him, "Look here, Pablo, you know me long time. I give you this, and we will be square. I'm going away." Hagen then gave him a quantity of jewellery and coat-buttons made of sovereigns and half-sovereigns, and said: "Don't say anything about me. I am going to Singapore by the Paroo." They then separated, but on the next day Hagen asked for the jewellery back, as they belonged to belonged to someone outside, who was coming in that day. Witness did not give them back, as he had already broken thc sovereigns up. After that he did not speak to Hagen. Cross-examined, the witness said that he did not hit the deceased, and did not know when Liebglid asked him to accompany him that he would meet Hagen und Simeon on the beach.

Simeon Espada deposed that before he was on the schooner Mina last year Pablo told him that a white man had gold, and he wanted to get it. After the Broome races witness, Pablo, and a white man (deceased) went along the beach at 9 p.m. Pablo gave witness a piece of baroque, and told him to sell it for 2, and he would give him 5s. of it. At the same time he gave witness a knife, and told him to kill the white man, but witness protested. On tho Wednesday night (August 30) Pablo told him that there was a pearl on the schooner Mist, and about ll o'clock a Malay brought a dinghy ashore from See Sing's boat, and took witness, the white man, Pablo, and Hagen off to the Mist. Witness asked Pablo why they were all going to the schooner, and he said, "This white man is a Jew, not a Christian; we'd better kill him." Witness said that, Jew or, not, such, an action would be wrong, but Pablo said the man had about 500 on him, and 0,000 in gold and diamonds in his house, and he (Pablo) wanted the gold and diamonds to put on a woman. When, they got aboard, witness got the Malay to take him back to his boat, Taniko Toko. Subsequently thc Malay came back twice for him, and said that Pablo wanted him on the schooner, He saw Pablo and the deceased there, and a little while afterwards Hagen came back. Pablo then said, in Malay, "We'd better kill him now," and he hit Liebglid over the head with a slingshot. Liebglid jumped into the dinghy with Pablo and Charlie after him. Liebglid fell into the water, and, as he hung to the side of the dinghy. Pablo and Hagen hit him several times, the latter with an empty beer-bottle. Witness said, "Don't hit him more," but the other two said, "Make him dead." Deceased then sank, and the others sculled ashore. Hagen and Charlie lauded, but the Malay sculled witness back to his own boat. Next morning he came ashore at 6 o'clock to get his clothes. He met Pablo, who said that he had been into the deceased's house and taken all the gold, which he had put in the bathroom of Carpio's house. Pablo told him to be careful and not say anything to the sergeant, or they would all get into trouble. Pablo said that Charlie watched for the police while he robbed the house of the deceased. Most of the gold Pablo said he had sold to Joe, a Japanese, and he said: "I don't care. I've no relations in this country. I don't care if dead or not. I killed a man in Hong Kong before, and was not caught. I'm not afraid of anyone in Broome." Witness had often seen Pablo walking about at night with a pistol and he said that if the police ever caught him robbing any of the places, the policeman would die first. Pablo said that he had lost 1,000 at gambling, and must have money to give his wife.

The evidence for the prosecution was then continued.

Gasokichi Murakami said that he was the manager of a Japanese store at Broome. On July 15 witness borrowed 100 from Liebglid, giving as security a quantity of jewellery. Liebglid made a note of the loan in a book similar to that produced. The jewellery produced was some of that which he had given as security. Witness saw the jewellery at the police station some time after Liebglid was dead. Liebglid came to witness's shop between 8 and 9 o'clock on the night of the murder. Witness gave him 21 single pound-notes for two cheques and some five-pound notes.

Anachito McRobbes. jeweller at Broome, said that on the night of the murder, shortly after ll o'clock, he met Pablo, and they went into a restaurant together. While there Hagen and Frazer came in. Pablo looked very sick.

Lilian Nealle said that her husband kept the Pearlers' Rest, at Broome. On the night of the murder, Wednesday, August 30, Pablo was at the house, and left shortly before 10 o'clock. On the following Friday morning Hagen and Pablo came to the place, and had drinks. Witness heard Hagen tell Pablo that he would get himself into trouble and him, too. Later on Hagen told witness that Pablo was following him like a dog. On another day Hagen told her that the police had been asking him questions, and he said that he could clear himself in half a minute. Witness asked him why he did not do so, and he replied that it was more than his life was worth to do so. Hagen also said that if a reward was offered, he would claim it and clear out of the country.

By Mr. Haynes: Hagen said to Pablo, "Do what I have been telling you, or you will get yourself into trouble and me, too.

Soon Lee, laundryman at Broome, said, that on September 4, he received a white coat and a pair of trousers, similar to those produced, from Hagen.

Andreas Colino said that he was tender on board of the lugger in which Simeon was one of the crew. On the night of the murder Simeon came aboard at about 12 o'clock. Simeon had the dinghy ashore all the evening.

By Mr. Penny: Simeon went ashore to get "tucker" for the boat.

Anthony Pedro, a fisherman, deposed to having seen Simeon making a slingshot about a week before the murder.

James Canavan, warder at the Broome Gaol, said that on the night of the murder he saw Simeon walking along a street near the gaol shortly after 9 o'clock.

This closed the case for the prosecution.

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