MURDER CHARGE

Grey River Argus, 14 October 1948, Page 7

MURDER CHARGE

EVIDENCE IN MT. VICTORIA

CASE Many Witnesses Heard by Court Young Man to Stand Trial

P.A. WELLINGTON, October 13. After a hearing in the Magistrate's Court, Wellington, which lasted until after 9 p.m., Edward Raymond Hortor,. aged 20, a’ blacksmith’s striker, who is charged with the murder of Mrs Katherine Gladys Cranston on Mt. Victoria, on September 26, pleaded not guilty, and was committed by Mr A. A. McLachlan, S.M., for trial at the sessions of the Supreme Court, which open in Wellington on Monday, October 18. Twenty-seven witnesses were called by the police. In evidence by Detective-Sergeant Fergus Oliver Scott, a statement was read, which accused was stated to have made after being confronted with bloodstained clothing recovered from the People’s Palace, which witnesses had identified as accused’s. The statement, in part, said: “I walked up Mt. Victoria. I saw a woman dressed in brown. I walked until I was abreast of her. I hit her on the head, and pushed her down a bank. There I found a beer bottle, and hit her, either on the crown or the side of the head with it”. The statement added that he had then violated the woman. J Detective-Sergeant Scott said that, after the statement had been taken down, accused read it through, and initialled alterations in the body of it. Horton then added, in his own writing: “I have read this, and it is true, and I will sign it later”.

When the statement was being read, Horton, from the dock, called out: ‘‘l was only in there for four hours before 1 gave it”.

On the request of Mr A. J, Mazengarb, who appeared lor the accused, and who stated that the case was expected to last throughout the day, Horton was permitted by the Magistrate, Air A. A. McLachlan, to be seated. There were numerous diagrams, photographs, and exhibits on trestles at the side of the courtroom. The case for the Crown was conducted by the Crown Prosecutor, M. W. H. Cunningham, assisted b.x Detective-Sergeant F. O. Scott, who took a leading part in the police investigations. DECEASED WAS FIT WOMAN The first witness, Mrs Muriel Durwood, said she knew the deceased who was her husband's cousin. Aite, omce hours Ans uranston spent lie. time with witness. The deceased die, not have any male friends and die nut snioxe or tame liquor. Sne wa. very fond of walking and for a woman of her age was quite fit. Be lore September 26 Mrs Cranston hat. gone walking on Mount Victoria. On Septemoer 26 Mrs Cranston lei. home some time after 11 a.m., with the expressed intention of going fm a good walk. Witness was not sun. if Mrs Cranston was carrying an> money when she left the house. After’ dinner witness got anxiou:about Mrs Cranston's not returning Inquiries were made in the evening at the hospital and the police station Witness then identified a series o. articles and clothing as having belonged to Mrs Cranston.

WOMEN COLLAPSE Mrs Durwood showed signs o. emotional upset while she was giving evidence and as she was escorted from the courtroom by a detective she collapsed. shortly afterwards two women struggled through the closelypacked crowd in the public gallery and fainted at the door. Sergeant Charles Edward Tanner produced, in evidence, plans of the area where the body was found, 9ft 6in below the level of Alexandra Road. Witness said the spot where bloodstains were found on the road was approximately 632 ft from where a Mr and Mrs Woods were supposed to have been sitting. That spot, however, could not have been seen by Mr and Mrs Woods, because of a bend in the road. Other evidence, was given by photographers, who had photographed the body and the area where it was found.

BOYS’ DISCOVERY OF BODY Thomas Richard Baker Clemas, aged 15, described how he and other boys .while playing on Mount Victoria on September 26, had discovered the body. He had seen a leg and then tne whole body. They hau approached to within a yard of the body, after which they had ascended to the road to keep their young brothers away while two boys left to report tne discovery. Witness said, it was about 3.30 p.m. when they first saw the body. , Russell Keith McGregor, aged 17, gave similar evidence. Sergeant George Waple described the arrival of the police at Alexandra Road. The body was lying at the end of a ledge on the hillside and could not bd’ seen from the road. . Charles McCombie purwood, an insurance agent, said his cousin, Mis Cranston, had lived very quietly with witness and his wife. He had identified the body found on Mount Victoria as that of Mrs Cranston.

SEEN ON MT. VICTORIA George Joseph Wood, technician in the Meteorological Service, described a walk he and his wife took on Mount Victoria on the morning of September 26. Witness said that while they were .sitting near the gun emplacempntq thev saw a woman approach. S made y a startled exclamation as if she had not expected to see anybody there and asked for directions to eet to Palliser Road. Witness Mentified the woman he saw as resembling very closely the photograph of Mrs Cranston. He could not see where she went after she reached the road He did not notice any spots of biSod on the bitumen near the sun emplacement and did .not hear i y one call out or hear any noise, ft. would be just before noon when the woman spoke to him. Kathleen Wood, wife of the pievious witness, corroborated her hus band's evidence. • . At mid-day the crowd in the court was still undiminished. An eldeily man, who had been standing in front of the crowd, collapsed and was carried out. PLAY “FOLLOWING HIM”

Arthur George White, 11-year-old schoolboy, said he and a friend, Peter Dalrymple, were playing in the Park on the Sunday morning in question. On the way back, they saw a man on one of the tracks going up Mount Victoria. They decided to play at following him. When about 10 yards from him. two dogs, witness and his friend had with them, ran and jumped at the man. When the man saw them he went faster, and then went into' the bushes. They then saw a second man, and switched the game to him, following

him to a house in Alexandra Road. The second man was in khaki longs, and may have had a blue suit. The first man was wearing a blue suit with white stripes, and a blue shirt. The shirt produced was similar to that worn by the first man, said witness, but' the trousers produced were not the same. SUIT RATHER DIRTY

It was about 11 a.m. when they saw the men. Peter Dalrymple, giving evidence on similar lines, said the first man’s suit was rather dirty. It was blue, with white stripes. His hair _ was rather straight, and he was neither stout nor slim. He was about normal. BLOODSTAINS ON PULLOVER George Wallace Stewart, storeman, said he had known the accused for about 10 months. About 2.30 p.m on Sunday. September 26, he saw him half way along Courtenay Place. Witness stopped to talk to the accused, and saw bloodstains on his pullover, and under his right eye. Accused was wearing a sailor’s bell-bottom suit.

Witness mentioned the blood, and accused said he had been in a fight during the morning. Accused tried to wipe the blood from his face with his finger. Accused said witness should have seen his brown trousers. They were “absolutely splattered with blood”. So far as he could remember, accused asked witness if he had any money, and witness had said “No”. To Mr Mazengarb, witness said he did not see accused’s shirt, but noted stains on his maroon pullover, which he took to be blood, because of the bloodstains on his face.

When the witness, Btewart, was relating accused’s remarks on bloodstains, accused called across the court from the box: “Why don’t you tell the truth for a time?”

FINDING OF WATCH Detective Sergeant Albert lan Knapp, said he accompanied the pathologist to the scene of the tragedy. Later he found deceased’s watch suspended in the foliage fifteen feet down the bank from where the body was found. It had stopped at 12.5. It was covered with blood, and the Moire wristbrand had been undone, and was fully extended. Later, the roadway was searched, and spots of blood were found. Spots of blood were also found down a bank. There were three patches of blood on the flat below the roadway. These were fairly heavy. There was a bloodstained fir branch at the rear of them. •It was broken in the middle and there were bloodspots in the break.

The witness produced pieces of a broken beer bottle found at the scene. On Wednesday, during a search, a pile of old clothes was found 88 feet from the body, just off a rough track leading to the Pirie Street Reserve. Under the clothes were two handkerchiefs. The clothing was very old and mildewed. Except for the bloodstains, both handkerchiefs were quite clean. PATHOLOGIST’S EVIDENCE Dr Philip Patrick Lynch pathologist, described the injuries to the jody. He said that with Dr J. O. Mercer ,he made a postmortem. He also examined the clothing belonging o accused. In addition he examined accused himself. The body, when found, said witness, was on its back, with clothes forced right up round the neck. One leg was completely naked. In his opinion .death had occurred only a few hours before. Later that evening, he ascertained that the body had been violated. GAVE ACCUSED MONEY

Frederick John William Clark, orchardist, said he travelled with the accused from Christchurch on the Tuesday before Sunday, September 26. Accused had little money, and witness gave him 15s. He met accused in the New City Hotel on the Friday, and gave him £l, aqd on the Saturday morning he gave him more —how much he could not say exactly. Witness did not see him on the Sunday. On the Monday he saw accused at the New City Hotel again. Accused was again short of money, and witness again gave him some. Accused was dressed in a different coat and trousers from those in which he had travelled from Christchurch. Witness identified the shirt and trousers produced, as similar to those worn by the accused on the way from Christchurch. Accused showed witness a cut on his hand which was swollen and stated that he had been in a fight with a Maori outside a restaurant on the Sunday evening. Witness mentioned to Horton that he intended to go to Palmerston North that evening. When he went to catch the Limited, Horton met him, and said he would like to go to Palmerston North, or Nelson, and sought help with his fare. While they were talking, two policemen came up, and accused went away with them. To Mr Mazengarb, witness. said the pullover accused was wearing in the box was not, in his opinion, the same as the one accused wore earlier. ACCUSED BORROWED SUIT

William James Davis, the next witness, said he was living in Room One. at the People’s Palace, during the week-end of September 25 to 27, and was sharing a room with a man called Hellyer. Witness was employed at the Pier Hotel. When he went to his room on the Saturday after work, accused was there with Hellyer, and remained all night, accused being in Hellyer’s bed. Neither the witness, nor Hellyer left their beds on Sunday, and had no meals. When accused left in the morning about 10.30, he was wearing a blue grey suit (produced) which witness identified. Accused returned about 3.30 p.m., but witness did not hear any details of the conversation which then took place between Hellyer and accused, nor djd hcFsee if accused had changed his clothes during the afternoon. Witness did hear accused ask Hellyer for a loan of Hellyer’s blue trousers, and say he wanted to send his own to the dry cleaners. Witness and Hellver left, accused in the room at 6.30 p.m., and accused was still there at 10.30. when they returned. Next morning accused asked Hellyer for a loan of his suit coat. As witness was dressing himself, he picked up the accused’s blue shirt from the floor, and saw bloodstains on the front as well as on accused’s trousers. The stains looked as if they had been wiped over with a wet cloth. HAD NOWHERE TO STAY

Raymond James Hellyer, labourer, who was sharing a room at the People’s Palace with the previous witness, said he knew accused. He met him in Herbert Street, on September 25, about 7 p.m. Accused told witness he had nowhere to stay, and witness invited him to stay in his room. They had a meal, and went along to the room. Accused left about 10 a.m. on Sunday, and returned about 3 p.m. or 3.30 p.m. Accused had a cut on his finger. Witness did not notice whether there was any blood on accused’s clothes. Accused said there had been a light “at the pub’’. Accused obtained a loan or witness’s bell trousers and a suit coat, on the grounds that accused wanted to have his own cleaned. The condi-

tion was that accused should have his own cleaned on Monday morning, and the loaned clothes should be returned by Monday night. By permission of the police, he saw accused op Tuesday, and asked him about his clothes. Accused had nothing to say about witness’s clothes, but said he could not return them, as he was not going to tell the police anything about his own. Accused then said they were in two parcels in a closet between two beds. SUIT IN CLOSET

Lail Clark, domestic, who was employed at the People’s Palace, said she found a suit wrapped in newspaper, and a shirt in Room One in a closet between the beds. There was a brown stain on the shirt. Witness identified the suit and shirt produced as those she found. BLOOD ON SHIRT

Holly Griffiths, porter at the People’s Palace, said his attention was’ called to clothing left in Room One. He noticed bloodstains on a shirt. SHARP.SPIKE OF GLASS

Richard Barton Simmons, acting detective, produced .the neck of a beer bottle heavily smeared with blood. It had a sharp spike of glass. Witness said he found it near the body, together with other pieces of broken bottle. One piece of glass was on the left calf of the body. TAKEN FROM RAILWAY STATION Cyril William Naylor, acting detective, said that, with Detective Baker, he was on duty at the railway station, and at about 6.50 p.m. he saw accused, and asked him his name and address, and his reason for being on the station. As a result of this, witness felt he should be questioned more closely, and asked him to go to the Detective Office for further questioning. At the police station, accused made a statement in which he described his movements. Accused said he had not worked since September 3, in Christchurch. He said he had slept the previous night at the New City Hotel, a man he knew _ as Nobby Clark having paid. He said he had no money. By order of witness’s superiors, the accused was arrested on an idle and disorderly charge. SHOCKING INJURIES Dr Lynch said that there were four wounds to the scalp, bruises about the face ,a fracture ot the jaw, lacerated and stab wounds of the throat, bruises on the back of the right hand, and on the back of the left hand and wrist, a lacerated wound of the right wrist, a vaginal laceration and miscellaneous bruises. There was a fracture of the skull beneath one of the scalp injuries. The scalp injuries were clearly the result of blow’s by a blunt instrument on the crown ot the head. The throat was extensively lacerated with a wound entering Oiii one side, and opening out on the other. The windpipe was perforated. Dr Lynch said he then concluded that the deceased had been struck a number of blows on the head, and at least three on the face. Deceased had been throttled with violence, and had received multiple stab wounds. Deceased coulci not have survived tor more than one hour. The blows and stabs could have been delivered with a bottle. It was not necessary to suppose that any other weapon was US When witness examined the accused at the police station, he found three recent cuts on accused s right hand. They were “healing wounds and appeared to have been incised. LOSS OF CLOTHES Detective-Sergeant Fergus Oliver Scott said that he saw accused when

he was brought to the police station on the night of September 27, and saw cuts on his right hand. When an earlier witness, Hellyer, wanted to see accused, on Tuesday, about Hellyer’s suit, witness asked accused where accused’s own clothes could be recovered. Accused told witness that he had dumped his clothes by the conveniences at Courtenay Place. A search in that area was fruitless, said witness, and accused then stated that he would tell Hellyer where the clothes were, but would say no more to witness. Witness arranged for Hellyer to see the accused, and later witness recovered the clothes from a cupboard in an office of the People’s Palace.