LAKE COLERIDGE MURDER

Hokitika Guardian, 5 November 1930, Page 5

LAKE COLERIDGE MURDER

TRIAL OPENS

[By Telegraph, Per Press Association.]

CHRISTCHURCH, Nov. 5

The Lake Coleridge murder trial opened at the Supreme Court this morning, before the Chief Justice (Sir M. Myers) when Alfred James Stanley Colenso, 32, <a labourer, pleaded not guilty to the charge that on September 3rd he murdered Robert William Cock burn.

Mr Lasc&lfes appeared for the prisoner and with lum Mr Stacey. Evidence was given on lines similar to the lower Court. i The Crown Prosecutor (Mr Donnelly) said that the Crown submitted that accused shot Cockburn and meant to kill him.

The Crown Prosecutor, after describing the general circumstances said accused and liis mate Farquharson, were carrying swags and they stopped about three miles down the Coleridge road and rested in a shingie pit. Cockburn later boarded a lorry which passed the shingle pit and stopped about fifty yards further along the road. Cockburn went back to the shingle pit, and that was the last seen of him alive by any persons other than the accused Or Farquharson. At 2.10 p.m., Cokburn was found dead on the road with a bullet wound in his chest, It was apparent that death had come on him suddenly, be* cause as he lav on the road h© was bolding a freshly filled pipe in his right hand and a 'box of matches in the other. The Crown’s first submission was a statement made by the accused himHelf on the day of his arrest (previously telegraphed.) Farquharson, continued Mr Donnelly, would say that earlier in the day accused and Cockburn went out together and returned for lunch.. After accused and Farquharson had left, Cockburn caught them up at the shingle pit, where Cockburn accused them both of stealing a 'billy and demanded that they tip out their swags. When they refused, Cockburn repeated foul language. Farquharson said he bad his back to the accused and Cockburn, when he heard a shot.. “There its no doubt,” added Mr Donnelly, “that in the first place accused shot Cockburn. They had had some row or argument prior to the shooting. The accused pointed a rifle at Cockburn and undoubtedly shot him. These facts are perfectly simple and almost undisputed.”

I am ibound to submit to you'that there is nothing in the accused’s or Farquharson’s evidence to justify the shooting of 'this unfortunate 'man. nor in any way excuses it. It is submitted that the accused shot Cockburn and that the proper inference is that accused meant to kill him, and that the whole of the facts are that accused committed the crime of murder. It is necessary for the protection of the public that violent acts with firearms must be put down, Arthur Edward Crawford Farquharson, Colenso’s companion, who had been ill, was allowed to sit on a chair in the body of the court while giving evidence. He repeated the statement, as made in the lower court as to the meeting with Cockburn, Among various exhibits lying on the floor of the court witness' identified a rifle and swag. The latter contained a billy, was carried by Colenso. Witness said he and Colenso were sitting in a pit when Cockburn came up. Cockburn accused both men of stealing his billy, but he was given a denial. He then turned round and called witness and Colenso liars and a pair of . Both men stood up and Cockburn said they would have to tip their swags, but this they refused to do, saying they had nothing of bis. Cockburn then used more filthy- language. He seemed to be getting very angry, and accused who was holding a rifle in front of him with him arms extended below his waist, stepped a little further away from Cockburn, making the distance between them four or five vards.

Witness had his back to the other two. While he bent down to do up his hag, witness heard a shot and when lie turned round Cockburn was practically 'on the ground, and accused was still about the same distance from him.

Witness heard Cblenso say that he would defend himself. Cockburn was threatening the accused. Farquharson was examined at length by the defence. Mr Stacey:—“Did you notice anything strange about the way Cockburn was looking at Colenso?” “Certainly. He was star ng at him, lie could not keep his eyes off him.” Mr Stacey:—“Did Cockburn say to Colenso that is no - good there is something wrong somewhere when you go oil like that?” “Yes.” “Do you remember seeing Colenso liilling the magazine?” “No.” “You remember him putt ng a bullet in the breech of the gun when he sat down in the pit?” “Yes, but I could not say if the magazine was full.”

Witness said that Colenso told him he had cocked the rifle on the chance of getting a rabbit across the valley 'from the gravel pit. Detective Sergeant Young said that the clothing on the chest of Cockburn was saturated with blood, but there was no sign of charring. He described the arrest of the two men near Cass when Colenso was charged with the

murder of Cockburn. He said “will they hang me for it?” To Mr Stacey witness said that the statement was given without any pressure. The Court was adjourned for lunch. Mr Stacey—“ Did not Cockburn at one time when using language tell Colenso not to answer him back?” “Yes.” “Did you see Colenso returning to the back of the pit?” “Yes, because Cockburn was getting more fierce nsing language and throwing his arms about.” “Did you say these words to Cockburn ‘Get away you have upset this boys nerves again V ” “Yes.” Mr Stacey—“Do you remember Colenso saying anything to you just after the shooting?” “Yes, he said that the gun or rifle event off unawares.” His Honor—“ Did you say anything about that in the lower court?” Witness —“No.”