Father And Son, Aged 7, Face Manslaughter Charge

Press, Volume C, Issue 29508, 9 May 1961, Page 17

Father And Son, Aged 7, Face Manslaughter Charge

(New Zealand Press Association,

AUCKLAND, May 8. Arising from the death of a six-year-old Maori boy at Matakana during January, a father and his seven - year - old son appeared in the Supreme Court at Auckland today on a joint charge of manslaughter. The deceased child’s stepmother also appeared on a lesser charge with her husband. Before Mr Justice Turner and a jury, Trig Johnson aged 28, a farm-hand, and Walter Himioana Johnson, aged seven, were charged with unlawfully killing Trig William Johnson, aged six, on or about January 28, thereby committing manslaughter.

Trig Johnson was also charged that with intent to do grievous bodily harm to his son, he caused actual bodily harm to him. Trig Johnson and Stella Raiha Johnson, aged 23, were jointly charged that between December 1, 1960, and January 28,1961, at Matakana, being persons having the custody of a child under the age of 14, they wilfully neglected or exposed Trig William Johnson in a manner likely to cause the child injury to his health. Mr J. H. Wallace, for Walter Himioana Johnson, told Mr Justice Turner that he had advised the boy not to plead to the charge against him, and his Honour said he would direct that a plea of not guilty should be entered for him Mr J. P. Hall is appearing for Trig Johnson, and Mr B. F. K. Priddle represents Mrs Johnson, both of whom pleaded not guilty. The Crown Prosecutor is Mr G. D. Speight. Prosecution Address Mr Speight, in his opening address, said that two classes of injuries had been received by the dead boy—facial injuries. bruising and abrasions caused by blows from a fist and unlikely in themselves to be fatal; and head and scalp injuries caused by a blunt instrument. Such an instrument, was believed, had been used to inflict injuries to the dead boy’s legs. The Crown said that the fatal injuries appeared to have been inflicted by the boy accused aged seven, when he beat his younger brother with a pick handle. The Crown said the. boy accused habitually used this sort of treatment to his younger brother, and that his actions were known, approved of. and encouraged, by his mother. This course of conduct by the mother, encouraging the assaults on the younger boy, led up to the fatality. The father also encouraged the boy to ill-treat his younger brother, said Mr Speight. Law Explained

Mr Speight said that in some cases a person who helped or encouraged another to commit an offence was guilty, even though the person who carried it out was not.

The charge of exposing the boy to likely injury had been laid under section 28 of the Infants’ Act, said Mr

Speight. I.t was alleged that the boy had been exposed to attack and cruelty, and that the parents had been neglectful in providing him with love and affection. The assault causing actual bodily harm charge was preferred because of the facial injuries which it was said the father inflicted on the boy. On the manslaughter charge concerning the father and son, Mr Speight said: “The Crown says with vigour that if ever a man was criminally as well as morally responsible for the death of another, it was Johnson senior.” Doctor’s Evidence

David John Cross, a doctor, of Warkworth, gave evidence that about 4.30 a.m. on January 29 he received a telephone call from Mrs Johnson, asking him to come quickly, as one of the boys was very weak. He found the deceased boy wrapped in a rug on the kitchen table. The boy was dead. There was a wound on his scalp, and bruising and abrasions on the face. “I asked Trig Johnson

what had happened,” said Dr. Cross. “He replied that the dead boy’s brother had hit him over the head with a piece of wood the night before, and pushed him on the concrete.” Grandmother’s Evidence Hikimate Johnson, mother of Trig Johnson, of Ngunguru, said that for some time both boys lived with her.

“They fought all the time,” she said. Last year the boys went to live with their father at Matakana. He often used to make them fight. The deceased boy never won a fight because he was much too small. She saw marks on his back and her son, Trig Johnson, told her he had strapped the boy with an Army belt. She said the little boy was glways quite strong. Two schoolboys gave evidence of an incident in the street at Warkworth last year, when they were seized by Trig Johnson. They thought he had come from the hotel. He held them, and then made Walter Johnson beat them. The trial will continue tomorrow.