Committed For Trial On Murder Charge

Press, Volume CVI, Issue 31097, 28 June 1966, Page 20

Committed For Trial On Murder Charge

Winifred Mary Tozer, aged 50, a housewife and nurse aid, was committed for trial at the next sitting of the Supreme Court on charges of murdering her daughter, Eileen Rose Tozer, aged 15, and her son, James William Tozer, aged 13, on June 2, after depositions had been taken before Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday.

Asked by the Registrar if she wished to plead guilty and be committed to the Supreme Court for sentence, Mrs Tozer replied: “Not guilty.” Mr R. G. Blunt appeared for Mrs Tozer and Mr C. M. Roper prosecuted. Nine witnesses were called by the prosecution. Detective Douglas Norman Scott said that at 11.30 p.m. on Thursday, June 2, he went to the accused’s home at 95 Windermere road, Papanui, in response to a radio message. He was met by the accused’s husband and as the result of what he told him he opened a bedroom door, turned on the light and saw the body of a girl in a bed. He did not enter the room. He did the same at a second bedroom and saw the body of a boy. Because of the angle of the bed he was able to enter the room and make a closer examination.

Detective Scott said he went to a detached shed at the back of the house and saw a large pool of blood on the concrete floor. In the centre of the pool of blood was a small axe, a knife and a pair of moccasins. At the front gate he met ambulance men and police officers. Searched Section

Witness said be made a search of the house and section. He went with an ambulance driver to the front of the section where he found Mrs Tozer crouched on her hands and knees behind some bushes. She was conscious and he asked her to come out Mrs Tozer made an effort but then slumped back. He and Detective Douglas helped her out and she was placed in the arms of the ambulance driver. Mrs Tozer was unable to speak and had a lot of blood on her head and hands. There was a wound in her throat and there was a stocking wrapped around her throat. She had four hail ombs in her hair and one of them had a number of teeth missing. Mrs Tozer was taken away in the ambulance and he placed uniformed guards on the front and rear of the house and called for further police assistance. Detective Scott said.

Detective Scott produced a sheet, a small axe, a carving knife and a pair of moccasins. All the exhibits were stained with blood. At 9 a.m. on June 3 he returned to the house and assisted in the search. He took possession of a large number of letters and other articles, said Detective Scott, who produced the sleeping clothes the children had been wearing. Doctor’s Evidence

Dr. Enn Sepp, a house surgeon employed by the North Canterbury Hospital Board, said Mrs Tozer was brought to the hospital about 11.55 p.m. She was shocked in the physical sense because of the loss of blood. There was a fairly extensive transverse laceration of the throat above the thyroid cartilege and there were cuts or lacerations on the front of the scalp near the hairline. She had superficial scratches on the inner left wrist.

The injuries were not serious but her condition was serious because of the loss of blood. She was given a blood transfusion and was placed in the recovery ward. When admitted Mrs Tozer was fully conscious but she was unable to speak because of the injury to her throat. He thought the injuries were caused by a suicide attempt

He classed it as a determined effort Dr. Sepp said that at la.m. on June 3 the police came to interview Mrs Tozer. She was fit to be seen and could answer questions by nodding her head. The decision to let the police see Mrs Tozer was approved by the surgeon in charge of the case, Mr P. W. Cotter. The interview lasted two minutes at the most. There was no deterioration in Mrs Tozer's condition. Mrs Tozer's injuries were repaired by surgery by Mr Cotter. At 2.30 p.m. on June 3 the police saw Mrs Tozer who was able to speak to a limited extent The interview lasted 10 minutes.

On the morning of June 4, Dr. Sepp said, he examined Mrs Tozer before she was arrested. She had made quite a good recovery and could talk with greater ease. She was not under the influence of drugs at any time when she was seen by the police. Mrs Tozer was discharged from hospital on June 13 into the custody of the police. Dr. Leonard Lawrence Treadgold, a pathologist, said he went to the accused’s home at 12.30 a.m. on June 3 and examined the bodies of the children. They had died not more than three hours and a half before. They suffered scalp wounds and an incised wound in the front of the throat Detective’s Evidence Detective Senior-Sergeant Emmet Thomas Mitten said he Interviewed the accused at the hospital at 1.05 a.m. on June 3. He identified himself and asked Mrs Tozer if she objected to being questioned and she shook her head. Mr Blunt applied for an order prohibiting the publication of the evidence obtained at tiiis interview because it might be excluded from the trial on the grounds that it was not voluntary. The Magistrate made an order. At 2.38 p.m. the same day, Detective Senior-Sergeant Mitten said, he again interviewed Mrs Tozer. Mrs Tozer was asked what time the thing had happened and she replied that her husband had gone out about 7.35 p.m. and it would have been about 9.40 p.m. Asked if any person had hit her, she replied: "No. I told you that last night” Mrs Tozer said no one had visited the house the previous evening. Asked if she wanted to die the accused had replied: “Yes, with the children. Rose had gone for a long tramp and had been away for four days. If you look in her bedroom you will see her paintings and stories. She had gone back to the seven-year-old age group. She wouldn’t come out of the seven-year-old age group. She was very highly strung.” The accused spoke of how her daughter had become very child-like and stubborn. Her daughter suffered from bronchitis and had a bad heart She had not been taking care of herself. When asked about James, Mrs Tozer had said: "I wouldn’t like to leave him. He would have been upset.” The Interview lasted 10 minutes.

Detective Senior-Sergeant Mitten said he interviewed the accused again at 11.06 a.m. on June 4 in the presence of other police officers and Mr Blunt He again warned the accused. He asked her if the knife and the axe were the weapons she had used but he was unable to catch her reply but thought that it was “no.” He asked her again and she did not reply. Notebooks Found He showed Mrs Tozer three notebooks that had been found in her daughter’s bedroom and asked her if they were the stories she had referred to the previous day. The accused

i had replied "no.” He showed Mrs Tozer a story relating to a sow and a pig and said: “This one about that pig," and she had nodded. The article was not available for production in Court as it was being examined by a hand-writing expert in the North Island, said witness. When Mrs Tozer was asked what child she had injured first she had replied after speaking to Mr Blunt: “The girl.” Asked if she had anything else she wanted to say “why she had done this” the accused had replied: “No.” Mr Blunt had said: “Yes, but I'd rather tell it to the doctors.” He was replying as if the accused had made the statement.

Detective Senior-Sergeant Mitten said he arrested Mrs Tozer on a charge of murdering her daughter. At 9.35 a.m. on June 13 he saw the accused again in the presence of Mr Blunt and a police officer and told her that he had been instructed to charge her with the murder of her son, said Detective Senior-Sergeant Mitten. Mr Blunt called no evidence, made no submission and reserved his defence. No application was made for bail.