THE EDGECUMBE TRAGEDY

Bay of Plenty Beacon, Volume 30, Issue 9, 7 December 1945, Page 5

THE EDGECUMBE TRAGEDY

YOUNG BOY'S DEATH BROTHER FACES COURT REMANDED FOR SENTENCE "The accused in this case has been the victim of a series of unfortunate and tragic coincidensaid' Mr B. S. Barry in a masterly defence of John Clifford' Crozier ? aged 16 ? who faced the Whakatane Magistrate's- Court last Tuesday on a capital charge regarding the death of his brother Donald Kingsley Crozier on November 17. Mr Barry went on to stay that a similar incident could be recalled in practically every memory of those in court when from a friendly argument } heated exchanges had arisen and blows had been struck. Unfortunately in this case, the result had been a tragedy of the first magnitude and the greatest sympathy was felt for all concerned. He submitted that there had been no possible intention to do any serious injury # and that as a result the accused's mind' had • become a complete blank from -the time he had struck the unfortunate blow. For this he held that the capital charge brought by the police was un~virarrante.il and should be reduced to one of asaulK The boy ■concerned was no more a criminal than any of his mates on the and he contended that the police had not brought a prima facae case. It was in this way that the story of a fatal quariel between two brothers, normally the best of friends was told at the Court sitting. The case constituted what must have been one of the saddest hearings -on record and as a result the Avhole Court was moved to the deepest sympathy for all parties concerned.

Mr R. Nolan, Crown Solicitor (Gisborne) conducted the ease dor the police.

In his evidence Robert Hector Crozi.er father of'the boys, stated that he farmed some. 300 acres ol land at Edgecumbc as a sharemilker. After lunching together on November 17, his two sons, John and Donald a,' 1 was usual, had gone off to feed the. pigs. Neither had returned., though milking operations had commenced at 3• 30 p.m. As evening drew on lie started making enquiries as to the.ir whereabouts, v and. noticed the deceased, Donald's dog, coming home across the paddocks. He .searched most of the night with .neighbours but without success, and later contacted tile police. The search was continued on £fce and on Monday morning, in the early hours the accused, John, was found asleep in his room. On being awakened and asked where his brother was he -aid he was near the cabbage trees by the house, but he did not appear to know whether he was alive or dead. Witness had discovered the body of His son lying in a .drain which was overgrown with barbary. He had later gone carefully .over the whole of the movements ol :i\he two boys with John, who detailed as well as he was- able to recollect, exactly what had taken place. The boys were the best of friends and had much in common. Thel were always together. John, with another brother, had been instrumental in saving the livcs v pf two lifrtle girls in the Whakatane River some two years ago,, and for this, he held a Scout certificate of merit.

Corroborative evidence was given by the boy's Evelyn Alice Crozier who described her finding her son at 4 a.m. on his bed, when .after telling her the story, he had .collapsed.

Police evidence was given by- Sergeant M. Whakatane } and Constable J. C. of Matawai. Detective-Sergeant :R. H. Watjerson gave detailed evidence' of the discovery of 'the body of the deceased, which had been left undisturbed since its first discovery. He had interviewed the accused who had apparently made an hone.st and genuine efForti? to recollect everything that had happened. He was explicit with regard to the events leading up to the assault, but his mind was apparently a blank as to what happened immediately afterwards. His rft'atement j and explanation read that when he and his brp!ther went toAvards the pig lie had picked up a shovel handle lying there and used it as a baseball bat while waiting for Donald. As- they walked on they had paused to examine some rats which had been

.shot previously and his brother had shown him how he hud narrowly missed a pheasant; in the same vicinity. Their lather had promised them the use of his Bayard, rifle ne.Vt year, and an argument developed as to their respective merits as marksmen. They entered the overgrown drain j and were moving along it when the deceased announced that 'She gun would be his. This had led to a more heated argument, after which his brother had pushed him back and turned to run away. I Accused had made a swing at him with the shovel handle, which had unfortunately hit bis head. He could not recollect clearly whn£ happened following this. He went back to the house } but could not face his parents and went again outside, spending the night under the flooring of the new house under construction near the residence. From there he saw the search parities going out ) but could not bring himself to come into the open. After spending the whole of Sunday in he had. lelt his hiding place in the' early hours of Monday morning had gone to his own room ? and fallen asleep on his bed. The police added theftt the boy's reputation was exceptionally good in the district.

Mr Barry who defended, claimed that there was no evidence submitted to warrant the police charge, and he claimed that the action of Vhe accused in striking when he had been pushed was instinctive, with no possible intent to do the grevi'ous injury which had resulted. He pleaded that the Magistrate should terminate Ihe tragic proceedings which had long weighed on the feelings of the family, by dismissing the capital charge, and reducing it to one of assault. The boy had made no attempt to escape, or to deceive. No jury would convict him on the charge brought by the police, and at the utmost would commit him to a term of probation. He submitted that the ends of justice would be served if the. Magistrate would utilise his powers, and conclude the case without forwarding it on to the Supreme Court. If by committing him for sentence, the accused was to be idetainetl in Mt. Eden, it would inflict a new ordeal on a' comparatively innocent youth who had already been punished enough. Mr Nolan claimed that the evidence before the Court did warrant the charge laid by the police, and suggested that the accused should be committed for trial. The Magistrate said he regretted that he had no power to reduce the charge though it was a pity in such instances that it could not be handr led on H s merits . He considered that it would be better to allow the matter to be judged by the proper tribunal though there was a great deal to be said for 'rhe remarks made by. Mr Barry, Accused then pleaded not guilty to the capital charge and reserved his defence. He was remanded to Auckland for trial, bail being granted in the meantime on three .sureties of £200-each—self and two others. The police offered no direct opposition to bail.