CASE FOR DEFENCE

Chronicle (Levin), 21 October 1948, Page 4

CASE FOR DEFENCE

Trial Of fabourer On . Murder Charge DUNEDIN, Oct. 20. The Crown case against Jolin Fraser, labourer, aged 48, of Roslyn, who is eharged with the mnrder of Aiexandei Sickels at Abbotsford on August 4, cou cluded before Mr. .Tusticc Kennedy in the Snpreme Court this afternoon. In the morning the. dramatic story o! the shooting of her husband was given by Mrs. Dorothy Sickels who appeared to be unde'r stress of great emotion. In all, 24 Crown witnesses were heard. William Frank Self, a neiglibour of Fraser's, identilled a 12-gauge double l>arrelled shot gun as one he had 'lent Fraser on August 4. Fraser had couu to him at 5. 1 5 p.ni. and said that lu wanted to go shooting next day. Fraser's son. Jolin Maleolm hhaser, ;• labourer, aged 20, said that his mothei liad left liome after an argument witi his fatlier. It had been a ''little b'r. of an argument" his fatlier told him His falher went off his l'ood and couhi not sleep and did not. feel like doirig anything about' the house after Mrs ■ Fraser left. ' Witness said that himother had told his fatlier a day or two before the tragedy that •'she was de finitely going for a separation. " Hifatlier told him "the Sickels were behind it. " On the night of the tragedy the aceused left about 6.15 p.m. saying that he was going to a euclxre party. Dorothy Graee Sickels, wife of -th dead man, said that about S o'clook on the night of th'e tragedy, there was :i "strange kuock" at the door. She was k nitting and her husband reading in tln sitting room. Her husband went out. "Nobody spoke," said Mrs. Sickels "atul L thouglit it was strange. I got up and stepped out into the passage. 1 saw Fraser with a gun pushing my husband back. Nobody spoke. Fraser looked at ino and I said, 'Don't do ii Jack.' He pulled the trigger and m\ liusband fell back. Fraser turiied to nii! and said 'Now for you.' ITe was after me and I rushed back into thc sitting room. I turned the key sniartly. I was in a daze for a miimte. Then 1 ruslied to the window and ealled fo; lielp. 1 knew no one would liear me on aceount of being in a back street. 1 got out ot' the window. I don 't knoiv liow T did it. I pulled it with me tuhi fell into the garden. 1 rau on tiptoe to Todd's next door and told Mr. Todd that Alex had been shot. T then eollapsod, " said Mrs. Sickels. Tn opening thc ease for the dcfence .Nrr. F. \V. Gnost announeod that hproposed to call evidenee. He said th.i ■ ihe did not intend asking tor a verdio jof not guilty but for oue of man | slaughter. Mr. Guest stressed that it |was not sutlieient for the Crown to prove that the, killing, in a inurdei J charge, had taken place but it wa: : necessary for it to establish that then Ihad been inient on the part of aceused to commit the act. Tle proposed 1' show that there was insutlicient evi. denee to prove beyond all reasonabndoubt that. aceused had reallv intende'l to cause the death of Alexander Sickels It would be sugg-osted that Ihe slm: wliich^ had killecl^ deeeased had been i fi red'bl'egl i gen (!}• and perliaps there had been gross negligence. Mr. Guest went on to relate various incidents in the married life of aceused. He had been reasonablv happy over a number of years but tliere had been doniestic differenees in recent year,-, largely owing to aceused liimself. The separations had been sliort and thc parties had been reconciled. The few ussociations with the Sickle family had been unpteasant and various reconcilations had been delayed or attempts had been made ro delay them, by .Mrs. Sickels. The tinal separation had taken place this year and it was over a trivial niatter at a dog sliow at the winter show. Aceused had made several at tcmpts to trace his wife. Counsel said that aceused had borrowed the gun on Augsut 4 with the intention of shooting r'abbits as he had done before Init he had decided to go out to Sickels tn lind o'ut about his wife. He thouglit that if he took the gun with tuni he might he able to frighten either .M r. or Mrs. Sickels into giving him information. Aceused would sav, klr. " Guest continued. that wlijjn he went into tlir Sickels' liome on thc night of the tragedy, he had the gun pointing to the ceiling. Sickels appeared to be in a reasonable niood and aceused decided to eliange the position of the gun so a.-i to have it pointing to the ground but in doing 'so it went oll' and he would sav that he remembered nothing more unti! he woke up next day in Kaikorai Vallev Road. » Aceused. in evidenee, said that his wife lirst left liome about six years ago. He visited the Sickels' house on one occasion and when he reached home his rvife, who had been with him, told him that yirs. Sickels had said fhat she did not lcnow how yirs. Fraser eould "live with a deaf mute. " He never visited the Sickels again. The first troubkwith his wife had been due to the racl that he was working in a brewerv ai the time and his wife had objeeted to his drinking. On another occasion she was upset because their son had takeri a job in the countrv. The Court then adjourned.