MURDER CHARGE

Gisborne Herald, Volume LXVI, Issue 20080, 28 October 1939, Page 7

MURDER CHARGE

CROWN CASE ENDS JURY TO VISIT CAMP PATHOLOGIST'S OPINION DEATH BY VIOLENCE TRIAL OF PATIENCE (Per Press Associated* i CHRISTCHURCH, this day. The Crown case against Arthur John Patience, aged 48, a labourer, charged with murdering his wife at Claverley on October 4. 1938. was concluded in the Supreme Court today. Mr. Justice Northcroft was on the Bench.

Mr. A. T. Donnelly, with him Mr. A. Brown, conducted the prosecution and Mr. R. A. Young, with him Mr. A. A. Gresson, represented the accused. The trial was continued to-day with the further cross-examination of Dr. A. B. Pearson, pathologist at the Christchurch Public Hospital, by Mr. Gresson.

Dr. Pearson said it was unusual to find the windpipe damaged in a case of strangulation.

William Percy Gowland, professor of anatomy at the Otago Medical School, said he thought, after 30 years as a professional anatomist, that the indentation in the windpipe was not congenital. Gripping with the thumb during strangulation was the only way he could see that it could have been produced. No Trace of Poison Felix John Theodore Grigg, Government analyst at Chrishtchurch, gave details of testing various parts of the body for poison without results. Dr. Philip Patrick Lynch, pathologist, Wellington, said the feet of the body had apparently been lost through the action of sea lice. He had noticed a condition of adiposia, which was a change in the fatty parts. When a body was buried away from the air in moist conditions, such as in clay or pug, the process was slow in onset, and might take months or years. There was no putrefaction in the body, although there was some decomposition. The marks of sacking and ligatures appeared to indicate that the body was first wrapped up and then bound .vith cords or something similar. The injuries to the chest could have been caused by crushing, the effusion of blood in relation to the back of the chest being so great that the heart must have been beating to drive the blood through. Violent pressure would have been necessary. In themselves he injuries were grave, but not necessarily fatal. They would have completely incapacitated the sufferer. 1-Ie had never seen or read of such in indentation as was. found in the vindpipe. It could not have been caused by the thyroid gland. Dr. Lynch said he did not lean to he theory that the indentation was caused by a thumb, nor could he give my theory as to what caused it. The possibility of rocks or stones making t could not be overlooked. The bruise n the neck added significance to the heory of violence. If someone had melt on the woman’s chest and gripped her throat the injuries could be caused. With the stoppage of the mouth death would soon follow. It was impossible to determine the mode pf death.

Windpipe Indentation

Dr. Lynch said he had formed the opinion that death was due to violence because of the grave violence to the chest walls, the absence ol organic disease and the marks of sacking and cords which excluded suicide or natural death. The degree of decomposition of the brain made it impossible to ;a y whether or not there had been cerebral haemorrhage, but there were usually signs of that in other organs. Replying'to Mr. Gresson, Dr. Lynch said there were certain forms of brain trouble not involving haemorrhage which could cause death. Such a possibility could not be ruled out. He was too uncertain to make a deduction from the presence of the indentation in the windpipe or to say it was caused by a thumb, stones or rocks. The exerting of pressure could not be excluded as a possible source of injury. , .. This ended the Crown case and Mr. Young indicated that he would not call evidence. The court adjourned till Monday. Arrangements are being made for the jury to visit Claverley camp to-morrow.