FARM TRAGEDY

Hokitika Guardian, 7 March 1928, Page 1

FARM TRAGEDY

-MURDER CHARGE DfN.MISSED. By Telegraph—Press Assn., Copvrigh CHRISTCHURCH, March 0. 1 John Duncan, aged 49, of Courtenay was charged in the Magistrate's Coni before Air Moslov, S.AI., to-day, wit tlie murder of his sons, aged two veal's on February Oth. The information was dismissed am Duncan was discharged from custody I he evidence of tlie doctor h.v whon the post mortem examination wn made, dispelled any possible tlieor; that the child met death through vio lence on February Oth. Duncan’s wife had secured an orde for separation and maintenanci against. Duncan who was ordered t< pay maintenance at £ll weekly. Evidence was given at the hearing to-day that Duncan, tin the way home from the city oil the afternoon o February Oth. was much perturbec and excited at the result of the case That evening he dismissed his housekeeper tolling her she would have t( leave that night, as lie could not afford to keep her, and lie also put off several men engaged in stacking It is crops, saying that he was going tc do nothing further with the harvesting. About four o’clock Duncan was seen with the little hoy. and an hour later ihe house was seen to he burning. Teresa Sword, a sister of Mrs Duncan, gave an account of a visit to Duncan’s farm in company with Mrs Duncan, to take away the child, of which the Court had awarded Airs

Duncan custody. AVitnoss saw Duncan standing at the j ‘ door of the washhouse with the baby in one arm and holding an axe in the 7 other hand. When, they asked Duncan ° for the child, lie threatened them with an nxo. They did nnl say any more, hut went to Kirwce to the Ploico Station. When they arrived hack, the j house, sheds and stacks were burning. and nothing could he seen of Duncan 50 or the child. I<r AVilliam Steel Patterson, labourer, ~ said that the witness Sword had kept ls house for him in Christchurch. He „ accompanied her to Duncan’s farm. Witness said to Duncan: “T have come for the child.” Duncan said to his' wife: “You were responsible for your first husband’s death, and will lit* responsible. for mine and the baby’s, in the morning.” Accused then used had language and witness told him that if he was any sort of a man lie would come out without the chopper. ' Later witness went away with the others. . -.la mos Riley, farm labourer, said . that lie was working on a stack on an j. adjoining farm, when ho saw Duncan , set fire to the stacks. The house and sheds were already burning. Then . Duncan tried to sot fire to the stooks. Duncan then drove in a gig with the little hoy to a hack road. AVitnoss. with others, wont after them, in a i car and met a horse galloping hack with an empty gig. They did not see , Duncan or the cliiid. I Robert Henderson, farmer, told of , the finding of the child’s dead body at 9 p.m. in a. water race at the bottom of Duncan’s farm. The water was about a foot deep in the race. Dr A. B. Pearson, pathologist of Christchurch Hospital, said lie had made a post mortem examination of the body of the child. The child appeared to he well nourished but actually showed internal trouble, which made it most susceptible to shock and peculiarly liable to sudden death under anaesthetics, or severe strain, or even such a fright as the child might get in seeing its home burning. There was no sign of water in the child’s lungs, and no signs whatever of death by drowning. The child had vomit- ’ eel and food had lodged in tlie liron- * chial tubes, causing asphyxiation from I which the child had died. There was no sign of violence on the body. Constable Johns, of Darfield, said he had interviewed Duncan at 8.30, on the night of February tith. AVit- A ness asked him what had happened to 1 the boy, Duncan answered “He is 1 better dead than with a like his mother.” £ Detective Thomas said he took a \ statement from accused. Duncan said ' “I did not murder him, hut T suppose j I’ll hang for it. There is nothing to ' live for now. A man has worked hard all his life and tried to make a home, and this is what happens.” Detective-Sergeant Young said that on arrival at the Police Station, he told Duncan that the boy had been found drowned, and Duncan said, “Better that than that a —— like her should have it.” Next day Duncan appeared normal and witness in- l 1 terviewed him. Duncan said, concerning incidents of the previous v night, that he could remember nothing from the time his wife came for the s child until he awoke in the hospital strapped down. “I did not know, ! Duncan said, “that the house and '' stacks on my farm had been . burnt d o wn. I do not remember setting fire to them myself, nor do I remember n how T got cut on the left arm. nor do a T remember how 1 got all wet.” u The Magistrate found that the child died from asphyxia, following the in- S halation of food into tlie bronchial 1 tubes. Tie also iound that there was L no evidence on which to commit Duncan for trial. Accused would be dis- -A charged. ’