NO DEFENCE WITNESS

Chronicle (Levin), 6 March 1948, Page 7

NO DEFENCE WITNESS

Press Association)

CounseFs Submissicns at Murder Retnal

. (Per

AUCXLAxnjj, xUarch 5. The case for the defenoe was parily outlined tlus afternuon by semor counsei, Mr. M. -Robinsoii, ih the retrail of Mrs.' Fansy Louise x ranees Haskeli who is eharged with. murdering 'Mrs. GHadys Kutli liusden at FLorotutu Eoad on June 5. •* VVhen tlie Conrt resuiues tomorrow Mr. ltobinson will conclude his address and Mr. Justice Finlay will suxn uji, after which the jury wiu consider irs verdict. After the Orown's case ended at 12.15 p.m., Mr. Kobinson said hej was eallihg nt> evidence. The senior proseeutor, Mr. V. K. Meredith, then addressed the Court until the luneheon a,djournment and again in the afternoon until sliortly after 3 o 'elock. "YVe should carry our minds back ±o the little huddled ligure- by the gai? stove in t'he kitchenette and to remember that the issue is who is responsibie for the death of that wornan who did no w'rong to anybody, ' ' said Mr. Meredith in opening his address to the jury. Dealing with the faets, Mr. Meredith said tnere was no question that liusden was not in the house or within miies of it when .the injuries were inliicted. Eix was a bad charaeter — there was no question of that — and anything lie said znust be scrutinised and great caution exercised in aecepting it. It was uoticeable that amoug his convietions there were none of violenee. liix liad toid a remarkable story but wliat was more remarkable was that in xiractically every thing where the story could be checlced, it was true. The jury would remember that Rix told his story to the police the night after the murder. lieferring to accused, Mr. Meredith said there was ovcrwlielming evidence Of lier enmity toward' Mrs. liusden. There was evidence of her desire,to get rid of Mrs. liusden so that accused might have her husband. Accused had expressed an intention of injuring and even to murder her. fdhe had all the opportunities for doing it. "1 am not going to endeavour to ask for your sympathy because aeeused is a woman or because of the serious consequences that would follow con . victiou or because of your hatred oi liusden and Eix, said Mr. liobinson at the opening of his address. ' lt was impossibie to come to a decision on the major, issues alone and it wonid be necessary for him to go into amttors much more fuliy than the Crown proseeutor. in considering tlie case only 011 ihe evidence tliey had heard, the jury had a most diilicult duty because ot' ihe amount of publicity it had received and because it was the socohd t-ri'al. i'here could be no doubt that witnessos qa'd bccome somewhat hardened to tJm atmosphere of the C.'qurt and :ltad anli cipated the cross-examination. Them'nly qu^.^tion was, did accused. cpnunit fhc-. uiurder ( In his o^inlom the Ui'v'wii ;hhu, v'udeavoured to cloud'tlie issiie by intjro ; ducing, sectioii 9() of . 't'he Ofimea Acti deajing yith';phrtibs' :to'; - the-. ..bfi'ence • rivei'p! was.ntit a. paitticle pf evi-Uenee xuj the case Ihaia wdujd ; indicate Vlthai* accused? wa« ?a| i>arty -tcfe th'd - oifence be ! cause ; k.usdien'ideiiie?d iihy iplan br. con • s.piracjy; -with. •accused bto hiu^der his vvife. liix. Had stateii; that :■ he had; nothiiig; to , do vv.ith "acc.uspd' aftoi' ^l^astel,.', A great deal )iad been made of the motive but no motive lntd beeu showu immediateiy before June u. fliere was evidence that' after Aprii 1947 the association betvveqn liusden and accused was vvaning and that suu wanted to go back to her husband Frost. "Wnen you were dealing witli a mau like liix — a man who woulu commit murder on a mere promiso — motive did, not enter into it. Motive .iiust not be confused with hatred,'1 said counsei. "When you compare aeeused s written statement to the ^police- with the evidence, you musi come to the conclusion that it is true, uonest and sincer'e and that Ihe wiluesses are lying in inaterial vvays with Die oue and oniy purpose oi concealiug 1 uJieir guilt. Vv liy snouid liusden lie about nis association with accused^ ls it not possible that he does not wain you to Iliink he wanted to get rid of his wxie or' to suspect hiiu of oeiqg 111 any u'ay associated in the murdorous at „empt 011 lier life on Marcli o, iU-16'N' l'Iic evidoncc 111 respecl of that assault ,vas that of liix aua the jury musl bear ijj mind that he was a dangerous crimiiial, -i-acketeer and gungster on lu^ own admission. lie was a potentiai inurderer. His accouut was u very clevor story to coneeal the reul anu true facts of that iucideut. liix had his lianda roimd Mrs. ii-usden's throat. Il aho had not screamed that nigiit whai would have happened? Would Mrs. iiua den have aurvivcd 011 March 'oi The Vir that was used was Collins' who was uegotiating to be liix's partner in business. Where was Collins? A neiv witlioss had been ealled and counsei was sorrv there' had not been more. "1 coutend that the murder migliL have been committed befofe lipsden went to work, " said Mr. liobinson. Dr. G-ilmour was quite deiinite about Ihe tiuie of the administration of tlie blows. There was 110 positivd proof that Mrs. liusden was alive at/8.30 a.m. Iiix.'s alibi depended on his vyife and iier daughter. After tlie depositions had been taken in the Magistrate's. Court' liix ahd the woman he had been living with for years, were married. The jury ltnew that a vvife could not give evidence agai'nst her husband. Was the marriage effected for the ohe and only purpose • of sileheing Mrs. Clearie against Eix for all time?