20 Witnesses In First Day Of Riverton Murder Trial

Press, Volume C, Issue 29515, 17 May 1961, Page 17

20 Witnesses In First Day Of Riverton Murder Trial

(New Zealand Press Association)

INVERCARGILL, May 18. C The first day's hearing t> of * charge of murder n against DuvM William Kainbow, aged 17, a Ci freezing worker, of Biv- h erton, ended in the In- w vercargill Magistrate** Court at 10 p.m. today, ei The hearing began at 9 h am. and 20 witnesses r were heard. I Rainbow is charged with the murder at Riv- r erton, of David Samuel P Cleaver, aged 19, a freezing worker, of Colac Bay. ‘ The hearing is before Mr ! E. S. J Crutchley. S.M. Dr. a I L. M- Richardson is conducting the police case and Mr R. P. H. Hewat is rep- 2 resenting Rainbow. t Fourteen more witnesses J will be called when the hear- • mg continues tomorrow 1 morning. The murder is alleged to .. have occurred in Palmers- . ton street. Riverton, outside Fleck’s Hall, where a dance j ?.ad been held the night be- t fore. 1 Consumed Gin Colin Russell Beck, aged i 17, of Riverton, who said he r was in accused's company \ from about 8 p.m. on March c 9. until just before the al- - ieged stabbing, gave evidence “ that he and accused had purchased and drunk three • half bottles of gin during the ’ Early in the hearing, a j wi’ness referred to words c uttered by the accused after r he had allegedly stabbed . Cleaver Mr Hewat formally ‘ objected to the admissability of these alleged words in ‘ evidence. Later he entered ' a forma! blanket objection ‘ to any such words allegedly ‘ said by the accused. After seeing counsel in ' chambers, Mr t ruled that in the interim any ' words allegedly said by the accused after the stabbing were not for publication. Several witnesses gave evid' nee of speaking to the deceased just after he fell to the footpath after pulling the knife from his chest None of them received any reply, they said. Harold Victor Jenner. a police constable and C. 1.8. 1 photographer, said that on i March 31 he went to River- ' ton with other members of • the C.I B staff, arriving 1 there about 2.15 a.m. In the 1 police station he was handed a skinning knife by Constable Gilmour. Knife Found He examined the scene of ' the incident, and Cleaver's body. Constable Gilmour gave him a thin-bladed carv- , ng knife, which was blood- , stained. He also produced ; the deceased’s bloodstained clothes. To Mr Hewat, Jenner said that when he saw’ the ■ accused at 4.40 a.m. at the lock-up he was in a very ' deep sleep. He had some difficulty in waking him. He gave the appearance of having consumed a quantity of liquor. Neil Gorman Prentice, a pathologist, said that Cleaver's chest bore a clean, incised wound between the second and third ribs. The heart was completely perforated. In reply to Dr. Richardson. Prentice said: “I consider that considerable force would have to be exhibited to produce a wound of this type.” Henry Wirenui Ehipa Cleaver, aged 19. a chain butcher and brother of the deceased, said he had knowm the accused for about six years. On the night of March 31 he and Des Latham went to a dance at Fleck's Hall. His brother. David, was there when he arrived. Shirt Hanging Out David looked sober. He saw accused at the dance. "Accused's shirt was hanging out, his hair was all over the place and he was saying silly things. He fell over a couple of times and had to be picked up. His eyes were daisy and bloodshot,” said the witness. Rainbow was carried from the hall about midnight or 12.10 a.m. by David Cleaver and Riyniond Cleaver, he ‘aid. Accused made no objec•ions while witness was watching. He did not see Rainbow inside the ball again after he was takert put “I was just about at the door when I saw accused tear past with Cliffy Woods chasing him. “As I stepped out of the hall on to the footpath. I saw my brother, David, staggering around as if he had been punched. He was standing just beside a telephone pole outside the hall. He then collapsed backwards and his head landed near the pole. Blood on Shirt "I went beside him to see what the matter was. He went all sort of limp. I saw the blood on his shirt. "Nurse Mulqueen was there nursing David. I saw accused. He was leaning against the building. laughing and crying at the same time.” Witness then quoted words, which, he alleged, accused then said to him. Mr Hewat entered a formal objection to the admissability of these words. “Accused had his head bowed and had his hand over his eyes." said witness. ‘‘l went back and knelt down beside my brother David I felt his head and felt it going cold and I knew there was something really wrong. “I saw David Frew pass a knife to Dr. Anderson. It looked like a carving knife.” witness said. lan Douglas Cleaver, a 16-year-old slaughter hand, and a brother of the deceased, said he had known Rainbow for about four years. He “had had a gin with the recused out the back" of the hall. There was a fight between Rainbow and himself which happened in the supper room about midnight. The M.C. at the dance. David Frew, came in and broke it up. After the fight,

Constable Gilmour came into 1 the supper room and witness ; returned to the halt “I saw the accused being • carried through the main hall towards the door,” said witness. He said he collected his coat then walked out of the hall to the footpath with David Cleaver. His brother. David, went over by a tin fence about 10ft from witness. There were about 20 persons standing round. “While I was standing on the footpath ! saw accused. He was midway between me and my brother, David. Hit In Chest “I was just standing there and I saw Rainbow run up to David and hit him in the right hand side of the chest. I thought he had punched David for a start. “I saw nothing in the accused's hand.” witness said. "David gasped and staggered about after he was hit. “I am not too sure whether I saw the knife in my brother’s chest or not. I'm fairly sure I saw one. “My brother then pulled up his right arm towards the middle of his chest as ifi he were going to pull the knife out. I ran across the street and called out to tbe policeman. “Accused's shirt was hanging out and he was crying,” said witness. Witness said he did not see David have a drink at the dance. His brother had been on good terms with accused at the dance. William Edward Rainbow, a freezing worker and father of the accused, said he wa' at home on the night of March 30. His son left the house about 7 p.m. At the time accused was “very t sober.” There was no liouor in *he house when he left. Witness said he did not

know his son was going. He saw the boy again about 10 p.m. He was not certain of the time when the boy eame home. Colin Beck came home with him! Witness was not sure how long his son and Beck stayed at the house, nor was he sure when they left the house. He and Mts Rainbow went to bed about 11 p.m. “Some time after I went to bed, I’m’not sure how long. I heard the back door open. A couple of seconds after. I heard a bit of a rattle and I thought that he might be getting something to eat. “I called out ‘is that you ’ Devid’ and I got no reply. I ’ was properly awake. I heard the knife-box rattle and I ■ thought he was getting a ‘ knife or spoon br something. “Some time after midnight ' I was awakened and told there had been an accident 1 involving my son, David. I immediately went to the Riverton police station where I was shown a carving knife. 1 “I had seen that knife before at home. It belonged to ■ David and was used for pig ■ hunting and deer stalking.” ! Gordon Randall Scott, a : Government analyst from : Dunedin, said he carried out ■ tests which indicated that the deceased had consumed . alcohol and that his facili- ’ ties would be impaired at the time of death. > The minimum quantity > consumed would be equivai lent to about 2.9 pints of beer I or 5.2 ounces of spirits.” Colin Ritchie Black, aged 18, a junior woodsman, of ; Riverton, said that between 8 p.m. and 10 p.m. on March ‘ 30 he was one of a group of ‘ about six young men who went to a place known as - “The Ranch” at Riverton. ' Black told of beer consumed there. David Cleaver was there and so was t accused for a time. •