MURDER TRIAL

Ashburton Guardian, Volume 70, Issue 104, 15 February 1950, Page 7

MURDER TRIAL

NO EVIDENCE CALLED FOR DEFENCE POLICEMAN QUESTIONED ON TALK IN CELL (P.A.) WANGANUI. February 14. The hearing of evidence in the trial of Alexander Leiinie Soper, a butcher and millhand, aged 41, of Manutahi (Taranaki),.on a charge of murdering Mrs Ivy Monica Marsh, also known as Soper, aged 37, at Pokaka, near Ohakune, on January 24, was concluded in the Supreme Court to-day before Mr Justice Smith. Counsel addressed the jury and his Honour will sum up. Cross-examined by Mr L. N. Ritchie (for Soper), William Charles Thomp son said he and Peacock, the owner of the farm, who also lived at the house, bought four dozen bottles of beer a month and sometimes six dozen, also a bottle or two oi spirits a month. Mrs Soper had a glass or two on occa sions, also the accused. Thompson denied that Soper was very fond of his wife and children. He denied any improper relationship between Mrs Soper and himself and said he never saw any suggestion of such a relationship between Mrs Soper and Peacock.

Senior-Sergeant G. G. Kelly, police arms expert, said a trigger pull of 351 b on the .22 rifle he examined was not unsafe. Shown a print apron with a small hole in it, the witness said this indicated that the rifle had been fired through it at a range of a few inches, but not touching it.

Evidence by Terry Harrison, aged 15, living at Peacock’s house, was on similar lines to that in the Magistrate’s Court; that he saw Soper at the front door and heard. Mrs Soper say “No,”' and that the sound of a shot followed about a minute later.

Theresa Diana Gartner, married, of Fokalca, said she received a letter on the day of the shooting from Soper, who asked her to tell him what was wrong with Mona (Mrs Soper). Soper said he was afraid she had been playing up while he was away. Mrs Soper had previously told the witness several times that she was not returning to Soper. Constable R. D. Gardner, of Oliakune, gave evidence about the arrest of the accused.

Mr Ritchie: Do you know if the accused stopped anyone and asked the wav to Ohakune police station? The witness: I did not at the time but I do r.ow.

Night in Ceil with Accused How he had spent a night locked in the cell with the accused was described by Constable H. H. Hudson, of Wanganui. He had volunteered to stay in the cell because it was thought that in his then state the' accused might “do himself in.’ He gave Soper a cigarette and suggested he go to sleep, but the accused replied that be had no desire for sleep and would rather talk. At no time, said the witness, did he give accused any warning that what he said would he used as evidence, but the witness allowed the accused to talk because it might ease his mind. He asked the accused no questions. To his Honour Mr Ritchie said that he had no objection to the statements made by the accused in the cell being used as evidence. Constable Hudson said the accused had told him that his wife had been

"'stringing him along for years.” He liad had no sleep for months and left Pokaka because he wanted to get away from the locality and get his wife and children away from. Peacock’s house. The accused also made'reference to the conditions in which his wife and family were living. He said that the house was always full of “booze,” that Peacock must have spent £4OO a year on “booze,” and that was why the accused got' out. He drank about six bottles of beer a year himself and had no time'for drink when women and children were about. He worked 12 hours a day at Manutahi but could not sleep because he worried so much about his wife. Constable Hudson said the accused told him that Peacock had threatened to kill him on one occasion and that ■was his reason for taking a rifle to Pokaka on January 24. * He took it in self-defence. The bullet should have been put into that man. The accused seemed more concerned for the welfare of his children than any other aspect. Reluctant to Give Evidence “The accused told me that all he wanted to do was to get t his wife to come out to the truck that night, right away from the Peacock house so they could talk quietly together, but she would not come,” said Constable Hudson. To Mr Ritchie, the witness said he had been 20 years in the police force. Mr Ritchie: What did your presence in the cell mean to the accused that night.? Witness • It was very helpful to him. It gave him a chance of unburdening himself? —Yes. When he got it off his chest he felt much better?- —Yes. You let him talk for the purpose of getting evidence?—Definitely not. The witness added that Soper said he could not remember a thing about the shooting. He repeated that several tirpes. Mr Ritchie: Did he appear to you as a person putting on an act? The witness: Definitely not.

Would it be correct to say that you did not want to give evidence in this case?—That is correct.

Because you looked on this as a confidential conversation ?—Yes. No evidence was called for the defence.