MURDER CHARGE

Hokitika Guardian, 25 February 1931, Page 3

MURDER CHARGE

TRIAL OF COLSTON

TRAGEDY IS DESCRIBED BY

CO UNSKI

HAMILTON', February 23

The trial of Charles Colston, aged thirty-eight years, moulder, of Wanganui, on a charge of the murder of Alice Bose Florence Anderson, at National Park on January (i, opened in the Supreme Court at Hamilton to-day before Mr .lust-ire Smith. Mr 11. T. Collins, Crown Prosecutor, in opening t.lie case for the prosecution, described M’Fnrlane’s farm ;where the tragedy took place. The IfiWre stood beside a little used road in the Upper R,standee hush district some miles from National Park station. The spot was utterly desolate Mr Gillies said the murdered woman. Mrs Anderson, was formerly known as '.Mrs Fisher, owing to an alliance formed with Fisher, to whom she had acted as housekeeper in Tipper Retariiko and later at Wanganui. To him she bore a child. Her sister. Airs Toiler, had also formed an alliaiHc with the prisoner, Colston. She had two children. Ernest, aged sixteen, and Phyllis, aged fourteen, who were known to many people as Ernest and Phyllis Colston. CONSUMPTION OF WINE.

Oh December 18 Colston, Mrs Tolley, Airs Anderson and three children, accompanied by a boy named Storr, who was friendly with young Tolley, went into the Upper Betanike with a view to entering-upon an ; abandoned farm for cutting firewood. They arrived at Al’Farlano’s farm on the night of January 3... On Saturday night a case of tyine; arrived at National Park station for Airs Anderson. The adults of the pnrtv commenced to consume the wine on Saturday night, during a game or cards. Bv Tuesday morning, when the tragedy occurred, about nineteen bottles bad been consumed. AN ASSUAIED NAME.

Mr Gillies here stated that prior to leaving Wanganui. Colston purchased a. gun and ■ cartridges under an assumed name. On Tuesday morning there was an argument over certain bottles or wine that had been hidden. Later Colston, angry with Phyllis ./Tolley, followed her with a gun and fired av wor. He was followed by Ernest Tolley, with a rifle, with, the avowed intention of shooting Colston if the* latter shot his sister. WOMEN ErOTIT. Oil returning 1.0 the house, Ernest Tolley found Airs Anderson and his mother fighting on the floor. He managed to p"*t All's Ander-'oii back t-o her room. He had a pen rifle In bis band. Young Tolley would say lint he looked Airs Anderson’s door on (lie inside. Sbortlv' afterwards Colston canto along and endeavoured to get into the room bv banging on the- door. Tolley know Colston bad a gun.

ESCAPED TO BUSH. Becoming alarmed, young Tolley broke the window with the butt of bis rifle, and, jumping out, ran and hid in the bush. It would be shown later that a shot, was heard, and it was contended by the Crown that this was fired from the outside of t! 1 ' 1 window by Colston at Airs Anderson as she stood up in the room in front of the window. TIT BEK SHOT’S. Three shots were fired that morning. One, the Crown held, was fired by Colston at Phyllis Tolley, one at Mrs Anderson and one at the tyre of a motor-car belonging to Airs Anderson. The hoy Storr, in the meantime, had galloped away on a horse to get the police. After remaining in hiding for a time young Tolley came out, and getting the motor-car, drove in the direction of National Park station. On the way he picked up Colston, his mother and the little hoy. Fisher. THE DEFENCE.

The defence, said Mr Gillies, would bo tlmf tin* rifle went off during a struggle between Colston and Airs Anderson. The position of the pellets in the women’s face and the fact that there were no powder marks or burning on the face, discounted this theory, while nellefs embedded in the centre of the wooden frame of the window showed that the shot must have been fired from outside. Afr Gillies said that careful experiments had been mane by experts with shots fired at various distances from the window. These showed that at 4ft Gin from the window, shots fired made exactly tb° same marks on the frame and gave exactly the same pellet pattern on a piece of wood as was found on the dead woman’s lace in a po-ition six inches within the room. CHILD’S EVIDENCE. Air Gillies intimated that h<> did propose to call Mrs Tolley. The four-year-old child of Mrs Anderson would say that “Unde Charley” shot Ins mother. Exactly what credence should be given to tin* story of a child of such tender years was a matter that rested entirely with the jury. Counsel read the law hearing on the question of drunkenness and its relation to ciime. which laid it down that drunkenness was no excuse. William Augustus Hulton, surveyor. Tnumarunui, gave evidence oi visiting the scene of the tragedy, whore bo made cortam measurements and a plan of tin* locality and the house. The latter showed the blood stains on the wall and floor of Airs Anderson s room. The damage to the window was quite now. There were pellet marks in the wall behind the windows. Anything in tie. line of lire within the room from a height of 4ft f, in to oft would have been struck bv shot. AIKDICAL EVIDENCE.

Or \V. J. Folt.hum. of Paetibi, said that lie was on the way to AT’Earlane’s farin when he met a ear in which was a woman’s dead body. It was still warm. Tin- woman bad died D'om a Mint wound, and lie assumed the shot bad been tired from a di-tanee of from

20.t0 25ft. Witness saw Colston that afternoon. He appeared dti.ll and pathetic. Dr E. Fisher, Taumarunui, who ducted tbe post mortem examination, described the injuries received by Airs Anderson. Tito hearing was adjourned till tomorrow.

FURTHER EVIDENCE. .H AMILTON, , February 21. Tin* trial of Charles Colston, aged 38, for the alleged murder of Alice Rose Florence Anderson, at the National Park on January 6th.. was continued at Hamilton to-day. John Ernest Storr, aged lfi, said that in the spring- of last year, he became acquainted with Ernest Tolley. W itness accompanied the two families to the King Country. Before leaving, witness was sent by Airs Anderson to purchase a gun,, and was told to it'-e an assumed name. He described in detail tin* arrival and consumption of wine on Air Af’Farlane’s farm. Mrs Tolley was the first to rise on Tuesday morning. Colston rose later, and after breakfast, further drinking took place in Airs Anderson’s room. The shotgun was kept in Colston’s room. Witness added that during .'the evening, ail argument took place between the three adults and Phyllis Tolley over a missing bottle of wine. He heard Colston remark! “EH shoot the B !” He thought the reference. was to Phyllis. Witness went into Airs Anderson’s room, bolting the door from inside. "While there, ho beard Colston open and close t.be breech of the gun. When passing out oi the house, witness followed him out. The evidence of tbe bo* s, Storr ..<»! Tolley was taken. They described tbe events that, led up to the tragedy and .Silted there was a drinking bout which extended over several days. Colson vliased Phillis l’olley with a gun, ana on his;• arrival back ai the house, a further' shot w..s heard. The evidence went to show that the accused and Mrs Anderson were both ..milk. A warder of the Wailume Prison Garni;, who arrested accused, told of nis conversation with Colston when he arrested him. Colston said that Mrs Anderson and himself were struggling .or the gun when ii went <4l.