GUILTY OF MURDER

Press, Volume LXVII, Issue 20174, 28 February 1931, Page 20

GUILTY OF MURDER

COLSTON SENTENCED TO DEATH. NATIONAL PARK TRAGEDY* (niu msocjatio* xslbojux.} HAMILTON, February 27. The trial of Charles Colston for the alleged murder of Mrs Alice Boae Flor«ncb Anderson (formerly known aa Mrs Jffsher), at National Park on January 6th, was concluded to-day. After the finish of Mrs ToUeyevidence, the remainder of the morning was occupied by counsel's addresses to the jury. His Honour's summing up concluded at 4.30 p.m. Mr J. JT. W. Dickson, for the defence, held that it was impossible on the Crown's theory that the fatal shot was fired, from the outside. If the jury would consider the position of the main wound on the dead woman's face, which gave the line of the shot, they would see that it could not have been inflicted by a shot from the outsde, as if fired from 4ft 6in the outside shot must have struck Mrs Anderson at a height between 4ft and 4ft 6in. As the woman waa sft 7in tall, aid the main wound ■ was between the eyes, it was seen how the Crown theory failed. „ Explaining tho reason that no powder marks were found on the face of tho detid woman, Mr Dickson said that this eould be accounted for by the fact that Mrs Tolley, - immediately ?fter the tragedy, wiped her sister's face with a blanket. Mr Dickson dwelt upon the fact that the story of Mrs Tolley had been unshaken. Counsel explained that it was not his duty to prove that the prisoner did not fire tho fatal shot. If he succeeded in raising a doubt (which Jie contended hp had done) that Colston. shot Mrs Anderson, then he had 'done Jus duty. If such doubt Way m the of the jury they must acquit this prisoner, , . ' In. aumxaing up> his Honour Mr Justi«se Smith, pointed out .that' the charge ~ V" against the .prawaer. ,yras graveat ■ 1 ; otdiyanly kjwwnfri. Courts of Justice, , Mid the Crown "had" to* satisfy the jury 4 .beyond reasonable"tleufot iof k the prisoner V gußt-to tham to re- • turn a verdict of ' guilty.' "There jvas a 'certain; eonunon 1 ground in*' the -cade. In t&e first place'it was'agreqd that the woman was shot - in the face by' a shotgun, which had been produced, "witji a Mullerite cartridge. The Crown said ' she was shot* by the Recused through the window. The defence said she was accidentally 1 sh o t in the room, and that * ths'wrf&i who;puDe4 the trigger was