UNSIGNED STATEMENT BY ACCUSED SPEAKS OF SECOND MAN

Chronicle (Levin), 8 December 1949, Page 3

UNSIGNED STATEMENT BY ACCUSED SPEAKS OF SECOND MAN

Crown Case !n Foxton Murder Hearing i

An alleged statement by accused to the police that another man, named Iiarry Flutey, had -told him that Mrs. Hall was: dead and that accused, wishing to get Mrs. Hall's money for . hiinself, had gone to the dead woman's house with Flutey and •had taken the money, was one of the features of the preliminary . hearing at Foxton yesterday of the charge against Napoleon ■Brown, a half-caste Maori, flaxcutter, married, aged 2.8, -of Whi.ttaker Street, Foxton, that 011 or ahotit Novamber 3 at Foxton he murdered Emily Christina Hall, a widow, aged 69. . According to evidence by Superintendent H. J. Joyce,ofncer in charge of the PalmerstonN North police distrdct, -and Senior Detective O. S. W. Power who ledfhe investigations into •the death of Mrs, Hall, the statement was obtained from Brown asa result of a direct approach made to the police by Brpwn's S? ^"r" -^er^n> °f Foxton, with a request that they ■should secure a statement from Brown after he had conducted a police party to a place in the Moutoa swamp where a j.^r con- . tainmg £655 was found burie^. On the advice of his solicitor, however, Brown did not sign the statement obtained by the police.

The hearing, which began shortly aiter 9 a.m., continned throughout •the day. At 5.30 p.m. there were still 20 witnesses to be called by the Crown, and the hearing11 was adjour.ned until Friday. Mr. J. R. Herd, S.M., presided. Mr. G. I. McGregor, Crown Prosecutor in Palmerston North, led the evidence for the police, and Mr. J. Bergin appeared for Brown. The statement refeiTed to was produeed by Senior Deteetive Power and read to the court. One paragraph, the snbject matter of which in earlier evidence by Mr. Power had been objeetecl to by Mr. Bergin, was ordered by the Magistrate to be not publisliod in tne meantime as likely to be projndiciai to the accused. He reserved decision on the objection for a ruling by the Supreme Court.

In the alleged statement Brown said he had that day, November 14, taken the police to a place in the Moutoa swamp where he had eoiu'ealed a ,-jar containing a large suni of money. Jie knew that ihe mone.v was the propertv of Mrs. Hall. ''I came into possession of that money in the following circum-. stances," the statement said. '"'On the Wednesday before Mrs. Hall was found dead I was in a billiard room playlng pool with a few of the boys when soine of them — Joe and Bert Ilopiha — asrced me to go to the pictures with them. I ftgreed, but before going io the pictures I ran home to get my suitcoat because it was drizzling. 66 Dead 5 1 Decid 55 r'On the way I met Iiarry Flutey who asked me for some mohev. I loicl him I didn't liave any, although I diu but I didn't want to give him any, so £ told him to ask 'Aggie. ' By 'Aggie' £ meant Mrs. d'e ftidder (Mrs. Hall's eister). He said 'tShe's no't at home.' I then said 'Go to Hani then. ' By 'fSam £ meant Mrs. Hall vvlio was always i known as Sam. This was at about 7.55 p.m. I left Flutey at the gate to my house. I do not know where he went to. I got my eoat and went back to the pictures. I stayed at the pictures with the others until the show iinisiied at about 10.30 p.m. and went home. 1 rau home because it was raining. "I had been inside onlv a few miuates when Flutey came to my house. He eaine in the side door and said 'bam, 8am' and appeared to be very frightened and kept saj-ing ' Hain, Hani. ' i piclced tliero was something wrong and after saying 'Sam, Sam' a couple of times he said 'dead, dead.' Flutey does not talk too clearlyr because he is mentally weak. " According to the statement Brown had told the police he was sure this 1 happened on Wednesday night. He eould fix it owing to the fact that he had just got home from the pictures and it was the night before he went to Palmerston North with a Mr. MeLaugnlan to see a stage show. It coulu .not have been Thursday night because there were no pictures in Foxton on Thursday niglits. ' ' When Harry Flutey told me ' Sam, Sam' and 'dead, dead' he did not say how she liad come to be dead," the statement continued. "The nrst tliing that came to my mind was Mrs. Hall's money. I wanted it for myself because I knew she had a lot of money. I know it was a bad thing to come into my mind but I couldn't help it. I put on niy suitcoat and said to Iiarry ' come on, we'll go' and we both walked to Mr§. Hall's house. I do not know what time we arrived but it would be getting on for 11 o'elock. The front gate was closed and I opened it. Through tne front windowr I could see the lig'ht was on in the kitchen. We went around to the back door and it was open about a foot. Packet of Money "I went straight in and saw Mrs. Hall lying on the floor of the kitchen. I went straight through to tiie sittmgroom and pulled the blind down. My main idea was to see where lier money was and get it. I didn't want to be 6een through the window. "Harry Flutey was walking rountl in the kitchen. I had a look at Mrs. ltalJ and saw there was an ovencloth tied around her faee. Shc seemed to be dead. Her liead was injured because i eaw blood. There was a shovel — ner fire shovel — lying on her cliest and I grabbed hold of i't and took it off her and put it on the floor. I did it quickly, at the same time telling Harry Flutey he was a fool. I asked whetlier he knew where tlie money was ~ and he showed me where it was by going 2nto Mrs. Hall's bedroom. Flutey did not tell me at any time that he had kiiied Mrs. Hall — ali he had told me was that ehe was dead- I bad touched Mrs. Hall by trying to roll lier over. I followed Flutey into the bedroom and met him coming out of the door with Mrs. Hall's purse in his hand. I took it from him and took the money out of it, puttmg Ihe purse back behind the door. The money in. the purse was in a flat packet tied in a handkerchief. [W'liea I yraa •

handling Mrs. Rall I got blood on my liand and wiped my hands on her cloth- ' ' Harry Flutey wanted some of tho money right or wrong but I wouldn't give him any." The statement then ' alleged that Brown described how lie slid the bolt across the back door to loek it, pulled | the blinds do.wn in t^ie back bedrcom and the kitchen and left with Flutey by the front door whieh he loek'ed trqm the outside with the key. He took tiie key and threw it over the concrete wall of a culvert neur Easton Park. Flutey had some blood on his hands and on his sleeve and, the statement alleged, Brown said he helped Flutey to wasn tt off. He sent Flutey off home and did not give him any of the money. Before going to bed accused counted the money roughly and thought there was between £400 and £500. He placea it' imder" his mattress for the night. The next morning he hid it under his house and on Thursday, November 10, the day he was arrested, he had taken it out and buried it in the swamp. Mrs. IlalJ' had told him at different times that sne kept a record of the numbers of the

bank notes she was saving and accused | thought he would hide them for a whiie, "When I knew Mrs. Ilall was dead 1 did not do anything toward getting tne police or anybody else — my only thought was that this was an opportunity for me to get her money and keep it, " the statement read. Oross-examined by Mr Bergin on this portion of his testimony, Mr Power said; he did not consider that Brown had ex pressed dissatisfaction with the state ment. Brown had been a little hesitant about. the aetual wording in one or two places, but not from the point of view that the wording created !a wrong im-. prcssion. Last Seen Alive ? The only evidence before the court of the last time Mrs Hall was alleged; to have been seen alive was that given by Jack Ross, a pensioner, of Foxton, who said he had known Mrs Hall foi 40 years or niore. IJntil nine or ten vears ago he had boarded with^Irs Hall and since that time when he had been almost a daily visitor. He could not recall the last time when he haa, not called to see Mrs Hall. It was generally his practice to call on- Mr-. Hall at about 6 p.m. and take her the evening paper to read. However, he had been ill and away from his work at a nearby hotel. He had walked up to the paper shop in the mornings and called in on Mrs Hall either on his way up or ■ way back. On Thursday, November 3, he had called shortly before midday. Mrs Hall was then having her lunch. Ross sat on the back doorstep and had a cup of tea. She was then well and her usual self. Ross said he caUed..?,gain on Friday morning but- .the was closed up. The rear blinds fwe're drawn but he did not notice wK&tljer -the front blinds also were drawn. Thinking she must have been called away unexpectedly he called again at about 6 p.m. after the bus from Levin had arrived in Foxton, but the house was still closed up. Ross called again on Saturday morning and on Saturday evening when the house was stilj closed up. On Saturday evening he had met Harry Flutey near the corner of Cook and Main Streets and they had walked to Mrs Hall's house together. Ross said he met Flutey at about the same place again on Sundtgy morning and again they. walked to the house together. Ross thought they should malce some inquir ies about Mrs Hall from her relatives and sent Flutey away to see Charles Nelson, Mrs Hall's brother. He founc out Mrs de Ridder, Mrs Hall's sister, was in Palmerston North and sent Flutey to ring her up. The witness went up to Foxton township and when he return ed the police were at Mrs Hall's house with Flutey. To Mr Bergin Ross said that although lie had been ill the week before Mrs Hall's death he had been -Out of bed at least once a day for a walk to Foxton. He called on Mrs Hall each day and he was certain he had a cup of tea with her on Thursday. Ross said he had occasionally met Flutey at Mrs Hall '? on Saturdays and Sfundays. On the night of November 5 witness did not ask Flutey to aecompany him to Mrs Hall's house. They went in together and they did not arrange to meet each o.ther again on Sundav morning. Similarity Produeing the fire shovel found near Mrs Hall's body, Sgt. Colclough said that on examination it was found to bear the print of a palm and right ring finger. He had finger-printed the aecus-. ed on November 6 and.on November 10' he formed the eonclusion that the prints on the -shovel were those of the accused. He produced enlarged .photographs of ihe prints found on tlie phovel £nd .of accused 's xigh palm and

photographs finger, the witness said he had noted .12' .points of similarity, while on the ,photo-: .graphs of the palm he had piarked 25, points of similarity. He was perfectlysatisfied that -the palm and fingeF prints found on the fire shovel were the: same as those taken from the accused. Sgt. Colclough expressed the opinioh that the prints taken from the shoveij were made by the person -who last handled it because i± another person > had subsequently handled it othei prints would have been superimposed on those shown or . would have completely obliterated them. Ow ing to the condition of Mrs Hall's hand whieh were worn and rough she would not have left .prints on the shovel. In addition he hadi found old age mitigated .against leaving; prints because of the general diyness o1j the skin. No other unidentified prints' were found in the house. It was general- i ly agreed that for court woi'k 12 points in the case of a finger print and 16 to 20 points in the case of a palm were suficient to prove positive identity, although men working with prints were generally satisfied with a fewer number. Witness produced a copy of a Well ington evening newspaper dated Wed.nesday November 2 which was found in the kitchen.

Strangled Tlie pathologist, Dr. F. P. Lyueh, of Wellington, describing his post-mar'tem examination of Mrs Hall, said there were six or eight and possible more laeerated wounds in the head. The nose had been split and there were bruises around the nose and jaw. The head lac erations could have been caused by tlie fire shovel, and tlie bruises on the lower part. of the faee could have been caused by a fist. The spine had been ffactured and signs pointed eonelusively to there having been manual strangulation, witii the assailant probably- kneeling on tho' chest of the deceased. The possibility .of Mrs HalF having been outraged coul 1 be discounted and the superlicial ind> eations of this in the disarrangement of the clothes was probably . fabricated by the assailant. The head iihjuries -had not been mortal but the fraeture of the spine had been. Death had oceurred be tween 48 and- 72 hours before the examination, or some time between Thursday afternoon and Friday afternoon.

Bloodstains On Nbvember 9, said Dr, Lynch, he examined clothing worn by the accused. A heavy cloth overcoat, a white scraf, a pair of new grey trousers, a cream sweater and a pair of dirty trousers showed no signs of bloodstains. Hovv ever, on the front of both legs of a pair of grey-striped trousers there were a number of spots or splashes of blood. The largest of these was on the front of the right thigli and tailed downwards with two tiny drops below tlie main splash," indieating a falling splash. Altogether -there were four splashes on •the right leg and nine on the left. The preciptant test proved these to be splasbes of human blood. Human hair and blood was found on the fire shovel and human blood was found on the flea-powder tin and hair brush. On December 5, said Dr Lynch, he received a pair of blue striped trousers and a felt hat from the police for examination. He now knew these artieles of clothing to be from the witness, Harry Flutey. A thorough examination failed to disclose any traces of blood on the trousers or hat. Evidence regarding the discovery of Mrs Hall dead in her home was given by Constable John Balloch, of Foxton, who went to the house as a result of information he reeived at 9.45 a.m. on Sunday November 6. To Mr Bergin the witness said that from the time he found the body he allowed no one but the police officers into the house. He denied telling some persons im.the vicinity the nature of the injuries inflicted on Mrs Hall. Playing Biltidrds Senior Detectivsv, Power testified that on November 10 in comp&ny with De-tective-Sergeant J. H. Alty he went to a billiard saloon in Foxton and told Brown lie would like to see him at the police station for the purpose of making furtlier inquiries. At the statiou, said witness, he told Brown the police were satisfied he had not told them everything he knew about Mrs Hall's death. Witness told Brown they had "evidence whieh strongly suggested that he was the person wlio had killed Mrs Hall. Brown sat for a long time without makiug a reply and then said there was nothing else he would say.

The next portion of Mr Power 's evidence was the subjeet of an objection by Mr Bergin and the Magistrate. while intimating that he would admit the evidence, iioted the objection for later decision and ordered the suppressiou of publication of the evidence objeeted to. Continuing, Mr Powen said Brown gave an outline of his movements from the time he left Foxton for Wellington on the morning of Friday, November 4. Brpwn said lie travelled with a Mr Algar to Petone where he visited a tobacco factory, later going on to Wellington where he went into a drapery shap, paid a deposit of £10 on a new suit and purehased a new pair of grey trousers whicli .Brown wore away •from the shop. Brown said the shop assistant pareelled up the old grey trousers and they were then in. a drawer at accused 's house. The police took possession of them, said Mr Power, and they were the trousers produced by Dr. Lynch. Brown had said he had taken "forty odd quid" to Wellington with him. After buving clothes he had spent the remainder on danees and drink. He had £4 and some silver in his possession when interviewed. Shouted the Boys "I reminded him that when I interviewed him on Sunday he then had £12," said Mr Power. "He told me he had spent it on beer. When I suggested it was a lot of money to spend on beer he told me.he had put across eight qt. kea quid, :tfl. sfiout for the "boys. ' '

Later the same night Brown w.as warned that he would be arrested and charged" w,Lth ihe murder of Mrs Hall. On ■November 14 the witness was one of a party of police whicli aceompanied :t'fye accused on a visit to Hie Moutoa swamp where Brown pointed out a place where he liad .buried n jar of money which was reeovered. At 4.15 p.m. on the same day' witness received a request from Mr Bergin th'at a statement be taken from fche .accused and' witness complied. This is the statement referred to at the beginning of this report. - ■ • - , Oross-examined by Mr Bergin, Mr Power said he had not made any specifie inquiry as to whether any unauthorised person had been allowed into the house before the police. photo-graphs-Avere taken. He would take it tor granted no one would have been allowed in. He had told the Press that, the police were anxious to see anyonewho might have seen Mrs Hall alive' on Friday and he cpuld remember pniy; four people who had responded.f' The last Otaki races were held on September 24 and Octob'er 1 and witness asked Brown if he had made any money at the races. Brown rdplied that he had won in the vicinity of £100. Witness denied that Brown had expressed disatisfaction with the final statement taken from him, .although he had quer-i ied some minor points. £

• Re-examined by Mr McGregor, Mr Power said police inquiries into the statements that Mrs Hall had been seen alive on the Friday had been inconclusive. Ile was sure these people firmlv believed they had seen her„ but' all of them had had qpportunities of* seeing Mrs Ilall'. on previous days and he considered they may have transferred the days in their own minds. Information that Mrs Hall ,had been ' sqen alive on Friday very definitely conflicted with other evidence possessed by the police. Joseph Hilary Mason, mereery saies- ' rnan, of Wellington, reealled a visit by accused on Friday, November 4, ,to Ihe " shop in whieh he worked. Brown asked ! for a navy blue pin-stripetT suit simi- ' lar to a eoat he was wearing, and paid a deposit of £10 on it, and asked to be; allowed to wear .the suit eoat away. Witness would not agree to this. Accused then asked for a pair of greystriped sports 'trousers similar to a

pair he was then wearing. He wore those trousers away and witness pareelled up accused 's old trousers for him. Accused gave his name as N. Brown and witness made out a doeket for the suit transaction. To Mr Bergin, the witness said accused had been frank in his dealing and - apart from the request to take away the eoat of a new suit there was nothing to distinguish this transaction from others. Annie Maris Wright, a married woman, of Wellington, gave evidence of Brown 's visit to Wellington on Friday and Saturday, November 4 and 5. William Frederick Trueman, town clerk •at Foxton and manager of the Town Hall testified that pictures were screened there only on Mondays, Wednesdafs, Fridays and Saturdays. Detective-Sergeant J. H. Alty corroborated the evidence of Senior Deteetive Power in regard to the interview with Brown on the night he was arrested and charged.

Police or Parson Watch-house keeper pt the Palmerston North police station on the evening of November 13, Cpnstable G. J. McGill, said he received a request from Brown in his eeU to see the Rev. Mr Bennett or the superintendent of police. Witness told Bxown Mr Bennett was in Feilding but that he would get i the superintendent. Superintendent H. J. Joyee said he was with the accused in the prisoners' exercise yard on November 12 when Brown said: "My word, I got a shoek when I arrived,.,- in Foxton on Sunday and they told" me Mrs Hall had been. murdered. £'v Witness replied: ' ' DoA%. tell me "iEfriything about that. You afe not obliged to say anything and if you do I will use it in evidence against you. ' ' Brown asked if there was any news from Foxton and the witness told him the police were searching for the monev taken from Mrs Hall's house, and said that anything ' accused cpuld tell him would assist: -However, Witness again warned the accused that he need not answer. Brown said he did -not know where the money was.

Frightening Dream Shortly after '6 p.m. on November 13 witness received a message and went to Brown 's cell. Brown said: Mr Bennett was in to see me this afternoon, We had a talk and he advised me to' speak the truth. After Mr Bennett left I lay down and had a sleep. I had a dream and when I awoke I was very frightened. I ran to the door and told the policeman I wanted to see you because I wanted to tell you something." Brown eventually told him, said the witness, that if they took him to Foxton he would show them whefe the money was concealed. At the su^gestion of the witness Brown made .a -written statement to this effect and signed it as being -.made of his own free wfll and for the -purpose of assisting -the police. Later that day, said Superintendent Joyce, he received a request from

Broyvnls solicitor to take a further statement from the accused and witness instrueted Senior Deteetive Power to do so. This statement was taken but on. the advice of .his solicitor Brown decided not to sign it. To Mr Bergin the witness said. he , did ,not .hear Brown complain -about vthe wording of the statement. He did suggest that one sentence should have been nigher-mp pn the page. The hearing was adjourned at 5.30 p,m. Mr .McGregor intimated .th.at there were st-iil -20 witnesses to be ehlled and thought it would take another full day to complete. The Magistrate adjourned ( the hearing until 9 a.m. on -Bf iday.