Following are some contemporary reports about the murder of Joseph Augustin Roggiero at the hand of his father in law (Alister's ancestor), John Francis Kitto. More information about the family is contained here.
The 1 June 1882 edition of the Grey River Argus reported:
THE
MILLER'S FLAT MURDER.
Dunedin,
May 30.
With
respect to the man Kitto, the perpetrator of the recent Miller's Flat
murder, it has transpired that about four years ago he was an inmate
of Dunedin Lunatic Asylum for a month.
At
that time, however, he was perfectly quiet and inoffensive, his
delusion consisting only in a deeply-seated grudge against the
son-in-law Roggiero, who has now become his victim.
Threats
by Kitto against the latter are recorded in the books of the
institution, and Kitto was possessed by the remarkable idea that
Roggiero was the devil, an hallucination which probably accounts for
the exclamation “Praise be to God," when informed of the fatal
effect of his shot.
Later.
There
is no further news to hand concerning the murder at Miller's Flat on
Sunday night. Klogh, the son-in-law, who was wounded by Kitto, is
progressing favorably.
May
31.
At
the coroner's inquest yesterday, Kitto was committed for trial for
wilful murder. He was discharged from the Lunatic Asylum in October,
1878 and has since resided with his family at Miller's Flat. He had
not shown any signs of insanity since his discharge.
The Otago Daily Times edition of 16 June 1882 laid out all their earlier stories, to give the reader a time line of sorts, and then updated the reader on the inquest happenings:
MURDER
AT MILLER'S FLAT
A
RELIGIOUS MANIAC.
(FROM
OUR OWN CORRESPONDENT.)
Roxburgh,
May 29th.
A
man named John Kitto, of Miller's Flat, went to the residence of his
son-in-law, Joseph Augustus Roggiero, about 7 o'clock last night and
without any warning, shot through the window with a rifle at
Roggiero, who was sitting by the fire.
The
screams of Roggiero's wife attracted her brother-in-law, who had to
pass Kitto's house.
Kitto
shot at him also, the ball entering the wrist and coming out at the
elbow. Roggiero died a short time afterwards. Kitto, who was in the
Lunatic Asylum some time ago, came to Roxburgh and gave himself up to
the police.
Later.
Kitto
is now in the lock-up at Roxburgh. He is evidently suffering from
religious mania. When told that his son-in-law was dead, he replied,
“Praise be to God!”
It
is just reported at Roxburgh that unfavourable symptoms are showing
in the wounded man, whose name is Kloogh.
Dr
M'Carthy, with Sergeant-major Moore, are expected from Lawrence this
evening.
With
respect to the man Kitto, the perpetrator of the recent murder at
Miller's Flat, it has transpired that he was some four yeavs ago an
inmate, of the Dunedin Lunatic Asylum. He was at that time, however,
perfectly quiet and inoffensive in his behaviour, his delusion
consisting only in a deep-seated grudge, against the son-in-law,
Joseph Augustus Roggiero, who has now become his victim. Threats
uttered by Kitto against the latter are recorded in the books of the
institution, and Kitto was possessed by the remarkable idea that
Roggiero was the devil, an hallucination that probably accounts for
his exclamation “Praise be to God” when informed of the fatal
effect of his shot. Kitto was only detained a month in the Asyum, and
was then dismissed as presumably cured.
The
Mount Benger Mail gives the following further particulars as to the
insanity, of the man Kitto:—"For a month past he has been more
unsettled than usual, and on the day in question he was decidedly
worse. He believed himself to be the Saviour (or Joseph), his
brothers and son-in-law being imps of Satan, Roggiero being Satan
himself. After the occurrence he crossed the river in his own boat
and made straight for Roxburgh, where he stated to the police that he
was inspired by God to commit the deed, and was on his way to the New
Jerusalem. Kitto's friends have recently spoken to several people in
Roxburgh about the state of his mind, but unfortunately nothing was
done. He says he has no fear of man, as God will see that no harm
befalls him."
John
Kitto, the man charged with the murder of Roggiero at Miller's Flat,
has been transferred from the Gaol to the Lunatic Asylum. The
prisoner, since his lodgment in gaol, has been examined by competent
medical authorities, who pronounce him insane. Their report was
forwarded to the Hon. the Colonial Secretary, who ordered Kitto's
removal to the Asylum pending his trial at the ensuing sessions of
the Supreme Court.
Peter
Kloogh, who was taken to the Hospital on Monday, June 12, is fast
recovering. It appears he had been staying at the London Hotel,
where he had very comfortable quarters, and was progressing
remarkably well until Saturday morning, when an artery suddenly gave
way in the shattered limb. Fortunately the doctor in attendance on
the case was in the immediate neighbourhood, and the bleeding was
completely stopped in less than five minutes from the time of the
accident. No bleeding has occurred since then but it was deemed
advisable by the doctor to have him removed to the Hospital, as he
will require to be closely watched day and night in the event of a
recurrence of the bleeding.
THE
INQUEST.
(FROM OUR OWN CORRESPONDENT.)
W.
Pool, constable in charge of Roxburgh police-station, stated: On
Sunday night, 28th inst., at 9.15, a man named John Kitto called at
Roxburgh and informed me he wished to give himself up. I asked him
his reason. He replied, for shooting his two sons-in-law. He had a
gun in his left hand, which he handed to me at my request, saying
"This is the gun I did it with—take care of it, it is loaded."
I asked him," Who are your two sons-in-law?" He replied he
did not know, but knowing accused, I asked him if he meant Peter
Kloogh and "Mexican Joe." He said he supposed so.' I then
locked him up.
While
searching him, I said, "What brought this about?" He
replied, "I will answer before a judge."
I
have examined the gun; it appears to be loaded; it is a
single-barrel, and the nipple has been blown off. I proceeded to
Miller's Flat to make inquiry if there was any truth in Kitto's
statement.
On
arriving at Peter Kloogh's residence, I found he had been wounded in
the arm. He said he could not see the man who shot him, but thought
it was the old man, John Kitto. I then proceeded to Roggiero's—it
was about 2 a.m. - and found him lying on his bed dead, with a wound
in his right side. I now produce the gun received from Kitto at the
lock-up. I produce the bullet handed to me by Dr McCarthy, who said
he took it from deceased's body, at the back part. The bullet
appears to fit the bore of the gun.
Samuel
Moore: I am sergeant-major of constabulary, stationed at Lawrence.
About 11 o'clock this morning (30th inst.), at Ettrick, I asked the
accused, Kitto, if he had any other name but John. He replied: "My
name is John Francis Kitto." He added: "After I shot
Roggiero I went towards my own house, and I saw Kloogh running to
catch me. He hunted a dog on me but the dog turned on himself, and
prevented him getting away. When I shot him it was near the fence."
Charles
Edward DeLacy McCarthy, medical practitioner, residing at Lawrence,
stated: I arrived at Miller's Flat and went to see Niels Peter Kloogh
at 9 p.m., and found him suffering from a gunshot wound in the right
arm. This morning I made a post-mortem examination on the body of
Augustus Roggiero (deceased). A bullet had gone through the left
lobe of the liver and one lung, fracturing the tenth rib on the right
side, and lodging there. I extracted the bullet (now produced).
Death was caused by a gunshot wound and the haemorrhage from the lung
caused by the bullet.
James
Kitto, miner, Moa Flat, deposed: The accused John Francis Kitto is my
brother. He is about 50 years of age, a married man, with a wife and
10 children, six being at Home. When my brother was 15 years of age
he had a severe fall of seven fathoms in a coal-mine and injured his
head, and since that he has never appeared to be the same, always
appearing light-headed.
He
was in the Lunatic Asylum four years ago. He appears now to be worse
than ever I saw him before, and he says he glories in what he has
done.
The
Jury then retired, and returned with a verdict of "Wilful
murder" against the accused John Francis Kitto.
When
the accused was brought in for identification the scene was most
heartrending. On Sergeant-major Moore requesting the wife of the
deceased to look at the accused, she exclaimed, "That's the
wretch who did it. He is my father, but I can call him so no more."
Accused merely uttered the words, Praise be to God.
The
inquiry was concluded at about 8 o'clock in the evening.
An
inquest was held by Jonas Harrop, Esq., J.P., acting coroner, on
Tuesday, at the residence of the murdered man Roggiero, at Miller's
Flat. Mr Nicholson was sworn foreman of the Jury; and after the Jury
had viewed the body, an adjournment was made to the residence of
Peter Kloogh. Sergeant-major Moore conducted the inquiry.
Niels
Peter Kloogh, the wounded man, whose evidence was taken in bed,
deposed: I am a miner, residing on the east bank of the river at
Miller's Flat. I remember Sunday evening, the 28th inst. I was in my
house and about 20 minutes past 6 p.m. I heard the shot of a gun. It
was moonlight, I heard a scream, and then went outside. I saw two of
Wm. Kitto's children coming towards my house. They were running.
They told me that John Murray had accidentally shot Joseph Roggiero.
The children are about 10 and 11 years of age. I then ran as hard as
I could towards Roggiero's. On the way I met Betsy Ann Roggiero,
wife of deceased, near John Kitto's fence, and near his house. She
said the old man (meaning John Kitto) had shot Joe (meaning her
husband), now deceased. From what Mrs Roggiero told me, I ran to
give what assistance I could to deceased. When I proceeded about 10
or 12 steps I received a bullet wound in my right arm. Mrs. Roggiero
went in the opposite direction. I was shot on the path near John
Kitto's house, when about four yards from the fence, I saw a man
standing between John Kitto's house and the fence when I received the
shot and immediately my hand dropped and I heard the report of a gun.
The man was about 20 yards distant from me when I received the shot.
I could not recognise the man. I noticed the flash from the gun. I
feel satisfied that I was shot by that man. I did not notice any gun
but came home again. The man appeared to have on dark clothing. I
am acquainted with John Kitto; he is my father-in-law. He answered
the description of the man whom l saw ancl who wounded me, and
resides in the house with his wife and family. I am not aware of any
ill feeling, but we have not been speaking for some time. I heard
his family say he did not care to converse with anyone. About
Tuesday last I saw John Kitto's son William carrying a gun at Miller's
Flat. I recognise tho gun now produced it is not the one William
Kitta carried, but it is John Kitto, jun.'s gun. I recognise it by
the brass mountings and large barrel. On returning to my house after
receiving the shot, I met my wife, Tamar, I told her that I was shot
too. I asked a man named James Burns to go for a doctor. He caused
Dr McCarthy to be sent for from Lawrence. At the time I received the
wound my dog was with me.
Betsy
Ann Roggiero, wife of deceased, deposed: I remember Sunday evening
last. My husband was sitting in the rocking-chair, putting the baby
to sleep, at 20 minutes past 6 o'clock by our clock. The child is
four months old. He was sitting in the kitchen near the fire nearly
opposite the window, and facing it. There are only two rooms in the
house (bedroom and kitchen), one window in each room. There is only
one door to the house, which opens to the outside. About the time
stated (6.20 p.m.) I was standing
at the end of the table washing up after tea. A shot was fired
through the kitchen window, which struck my husband in the breast. He exclaimed, “My God, Annie, someone has shot me!” I said, “Oh
no, Joe, it is only someone playing a lark.” I ran out thinking it
was someone with Chinese crackers. I saw my father, John Kitto,
walk away from the window with his back towards me. I said, “You wretch, what did you do that for?” - meaning, shooting my husband. I did not hear him make any reply, but ran to my husband. As I
entered the door I met the deceased, with his hand across his chest
and saw the infant fall from his arms on to the floor. I then put my
arms round his neck. He said, “Don't stay with me, Annie; run form
help; I am shot.” I then ran out and called my brother-in-law,
Niels, Peter Kloogh. I met my brother John nearly opposite the
house. I told him to go to decesased while I ran towards my
brother-in-law, Peter, whom I met coming running towards me, near my
father's place, on the path. I requested him to go to my husband and
was returning with him. I saw my father, John Kitto, standing
between his own house and the wire fence. He held up a gun to his
shoulder and deliberately took aim and fired at my brother-in-law,
Niels Peter Kloogh. After being shot he ran towards the house. I
knew he was shot. The time father put the gun to his shoulder I saw
the flash. About 10 o'clock p.m. I returned to my own place with Mr
Macklay and Mr McLelland. My husband expired about 2 o'clock on the
following morning (29th).
I have been nine years married in June next, and have five children,
the youngest four months and the eldest seven years. So far as I
know, my husband and father were on good terms.
By
a Juror: I do not know that the accused had ever threatened my
husband.
The
accused was then brought in and identified by witness as the man who
shot her husband.
John
Francis Kitto, jun,: I am the son of John Francis Kitto, the accused,
who is known as John Kitto, residing on the east side of the river,
Millers Flat. I am a miner, 19 years of age. I had tea at home on
Sunday evening last, about 6 o'clock. My father was in the house,
and sitting at the kitchen fire. During the time I took tea I
noticed nothing unusual in his manner. I left the house at 6.15 and
went to William Murray's place, about 200 yards distant. While in
Murray's house I heard a report of firearms. The report appeared to
be that of a gun in the direction of deceased's dwelling, which was
about 600 yards distant. I then came out of the house and heard a
cry, and thought it was my brother who had accidentally shot himself
as he occasionally went out shooting. I then ran towards deceased's
dwelling, and met my sister (wife of deceased), who said father had
shot Joe through the window. She said he was coming behind. I saw
him coming from Roggiero's with a gun in his right hand. I was about
20 or 30 yards from father. We did not speak. I went and told
mother, and afterwards proceeded to Mr W. Smith's, which is about 200
yards from our house. I heard a second shot when near Smith's place,
and being frightened, did not return. I identify the gun now
produced. My father gave it to me about five years ago. I last saw
it in my bedroom on Sunday morning last; 28th. It was not then
loaded. I did not miss the gun until between 6 and 7 o'clock in the
evening, at the time I went in to tell mother that father had shot
Joe (deceased). I did not see the gun until I saw it in possession
of the police this morning. I know of nothing to cause father to
shoot the deceased. My father was an inmate of the Lunatic Assylum
for six weeks about four years ago. He appeared sulky at times and
would not speak, and appeared to be troubled with religion, as he was
frequently talking about it. When I saw the gun on Sunday the nipple
was in, but now it appears to have been blown out.
The Timaru Herald reported the outcome of the Supreme Court case on 21 July 1882:
SUPREME COURTS
Dunedin, July 20
John
Francis Kitto, under committal for the murder of his son-in-law,
Roggerio at Miller's Flat, was brought before the jury to try whether
be was insane or not.
Dr
Neil, of the Asylum, gave evidence that he considered Kitto insane.
The
prisoner asked him in what way he had found him insane.
Dr
Neil answered that he had considered bis son-in-law possessed by the
devil. "No," said the prisoner, "not possessed by the
devil, he was the devil."
His
Honor asked if Kitto imagined himself to be any particular person,
and Kitto said “I am professing to be The Christ."
The
jury found him insane, and he was remanded to the Asylum, pending the
pleasure of the Colonial Secretary.
A longer version of events is found in the 29 July edition of the Otago Witness:
CRIMINAL
SESSIONS.
JUDICIAL.
(Before
his Honor Mr Justice Williams and a Common Jury.)
INDICTMENT
FOR MURDER.
John
Francis Kitto, who was found guilty by the Coroner's Jury of the
murder of his son-in-law, Joseph Augustus Roggiero, at Miller's Flat,
on the 28th of May last, was placed in the dock.
Mr
Haggitt (the Crown prosecutor) said: In this case, your Honor, the
prisoner was found guilty of murder by the Coroner's Jury, and the
Grand Jury have also found a bill against him. He has been confined
in the Lunatic Asylum under the warrant of the Colonial Secretary,
issued under clause 7 of "The Lunatics Act, 1868." I
applied for instructions to the Minister of Justice as to whether he
should be brought up to be arraigned or not, and I was instructed to
have him brought here and arraign him. But I am informed by the
superintendent of the Asylum that he is not in a position to plead he
is actually a lunatic, and cannot, therefore, be put upon his trial.
The course under such circumstances, I imagine, is to empanel a jury
to try the question whether he is in a fit state to plead.
His
Honor: Yes; and if the Jury find that he is not in a fit state to
plead, an order can be made for his confinement.
Mr
Haggitt: There can be no doubt he is not in a fit state to plead. Dr
Neill will say so, and there is no evidence on the other side.
A
jury of 12 was then sworn to try the question.
Mr
Haggitt said: Gentlemen of the Jury, the prisoner was committed on a
coroner's warrant to the Gaol in Dunedin, and after his commitment to
the Gaol it was found necessary to remove him to the Lunatic Asylum,
where he has been for some weeks past. An indictment has been found
against him by the Grand Jury for murder, but before he can be tried
upon that indictment it must appear that he is of sane mind, because
the law does not allow a prisoner to be put upon his trial upon any
indictment unless he has sufficient capacity to plead to the
indictment and conduct his defence intelligently. This person is not
in that condition. I shall put Dr Neill, who is superintendent of
the Lunatic Asylum, into the box, and he will tell you that the
prisoners state of mind is such that he conld not understand the
proceedings at this trial, and therefore could not conduct his
defence properly. There will be no evidence on the other side, and
you will be invited to find a verdict according to the evidence.
Dr
A. H. Neill, superintendent of the Lunatic Asylum, Dunedin, deposed:
The prisoner has been under my care since the 13th of June. He was
committed to my charge by order of the Colonial Secretary, under the
7th sectiom of "The Lunatics Act, 1868." He is still in my
charge. The prisoner, in my opinion, is not able to plead to the
indictment found against him, nor is he of sufficient intellect to
comprehend the course of the proceedings at a trial so as to make a
proper defence.
His
Honor: As the prisoner has stood silent and not manifested any signs
of insanity, I suppose I must ask him if he has any questions, to put
to the witness.
Prisoner
(to witness): In what part have you found me a lunatic, that I am
not able to plead my own case?
Witness:
From the letters you have written and the delusions under which you
suffer.
Prisoner:
I should like to have an explanation from someone to show whether I
am a lunatic or not.
His
Honor: Have you any of the, letters with you?
Witness:
I have them all, your Honor.
(Witness
here handed in a large packet of letters.)
His
Honor: What are his delusions?
Witness:
Religious delusions.
His
Honor: Of what nature?
Witness:
He imagines himself to be a Jew.
His
Honor: What else?
Witness:
He considers his son-in-law, Roggiero, was possessed of a devil.
Prisoner: Not possessed, but was.
Witness:
Was the devil?
His
Honor: Anything else?
Witness:
That his son-in-law who is wounded is also the devil.
His
Honor: Is there anything else, doctor?
Witness:
All his delusions consist of that character.
His
Honor: Does he imagine himself to be any particular person?
Witness:
l am not aware of his imagining himself to be other than a Jew.
Prisoner: I am professing to be the Christ.
His
Honor: Yes; quite so.
(Addressing
the Jury): Gentlemen, that will do. I do not know if it is
necessary for me to say anything. You have heard the evidence, and
the statement of the prisoner which he has just now made. If a
prisoner is insane at the time of arraignment— at the time when he
properly comes up to be arraigned, he is not to be arraigned,
because, not being in full possession of his senses, he cannot plead
to the indictment, nor conduct his defence with proper care. All
that you have to determine is whether he is in possession of his
senses or not. Will you be kind enough to consider your verdict.
The
Jury at once returned a verdict that the prisoner was insane. His
Honor directed that the verdict should be recorded, and the accused
kept in strict custody until the pleasure of the Colonial Secretary
be known. The prisoner was then removed by one of the warders of the
Asylum.
