MURDER TRIAL

Hokitika Guardian, 27 February 1931, Page 3

MURDER TRIAL

FIJKTHEM EVrDENCK. (By Telegraph — Per Press Association) HAMILTON. February 26. Detective \Vaih,ii continued:On January 8 witness again visited the scene of the tragedy and recovered a number oi’ splinters of wood inside the room which fitted exactly to the inside of the shattered astragal. He also picked up a number of pellets in another room. He found a man’s clothing, and in -tin* pockets of the trousers were three mullerite cartridges. On the 9th. be again visited 1 the farm, in company, among others of Mrs-Tolley. He was present v» m»i* Mrs Tolley picked up an empty mullerite cartridge case near woodshed. The case was lying in a slight depression in the ground. The gun was lying against a wall with a piece of wood over it, which however, did not conceal it. Cross examined by Mr Dickson (defence) witness said Mrs Tolley told him there were plenty of empty cartridges about the house, lie scanned but could not find any. .Mrs Tolley recovered one outside the house. Dickson—She gave you every assistance in your investigations? Detective '(hesitatingly) Oh yes, I should say so. Dickson—\\ hen did you take a statefrom Mrs Tolley. I had several interviews with her. .. . Tllc , first-.was. on the-day after tne tragedy. She then gave an explanation of the tragedy and complained of a ■ . bruise'on-hep toe due toTthe fore-.ond of the gun falling on it, in a. struggle for the gun. ......... Dickson—Was it von who asked her—- “ Which side are you on. accused’s or your sisters.’’ Witness—No. Did you invite Mrs Tolley to have her fingerprints taken. I told her it was entirely optional for her. Witness explained that he did not take a statement in writing from Mrs Jolley at the first interview, because he knew this could be taken at any time. He remembered what she told him and that she had given a sim- : ilar explanation of the tragedy. to other people than the police. ' His Honour—When you found the gun was it empty? Witness—Yes, and the barrel was dirty. Constable N. R. Parker of Taumaranui said he heard Sergt. Singer ask the prisoner on National Park station: “Are you Colston.” Prisoner nodded and replied “ves.” The Sergt. told Colston he would have to detain him. •Shortly afterwards witness, Sergt. Singer and two boys, Toiler and Storr, went out to the farm. They looked for the gun but could not find it. They found the fore end of the gun however outside the house. On the following morning he. found an emnty c-m-tridpte ease near where be lin'd picked up the fore end, Answering Mr Dickson, witness said apparently there had been no attempt to conceal the empty cartridge case or fore end. The case was, however, not easily seen. His Honour—How far from the window were the fore end and empty j cartridge. | Witness—The fore end was about 7ft and the empty case Oft. HAMILTON, February 26. Sergt. Singer detailed his interview with Colston on the National Park station. He (witness) asked him if lie knew why he was being detained. Colston answered “yes.” 'When witness inspected the body of deceased there were no signs of burning or power on the face. On the outside of the door of Mrs Anderson’s room were boot marks as if made by prisoner. CASE' FOP DEFENCE. Tn opening the ease for the defence. Mr Dickson said the whole evidence had been circumstantial, unless that of the children of four had to be regarded. The Crown case must he very frail indeed if it had to depend for the only direct evidence on the evidence of an infant. Tt< was audacity to bring such evidence forward. Colston was n returned soldier, broken by the war and rarely affected by drink.. He intended to" show that in a drunken condition Colston chased Phyllis with a gun and the latter fired at a car. Mrs Anderson took the gun into 1 her room. Mr Tolley followed her in, and they struggled for its possession. Colston entered and endeavoured to separate them. Mrs Anderson had bold of the barrel and Mrs Tolley and Colston held the butt of the rifle. Mrs Anderson’s hand slipped off (lie barrel and she stumbled back, when the gun went off. Mrs Tolley in her evidence described the drinking party on Saturday night. Charlie was stunned and bad to bo nut to bed. Further drinking took place the following night. Colston went to bed at 2.30 that night very dnmk. iCASE FOR THE DEFENCE. MRS TOLLEY’S EVIDENCE. HAMILTON. February 26. Sergeant Singer detailed his inter-, view with Colston on the National j Park station. He (witness) asked him j if he knew why lie was being detained. I Colston answered “Yes!” When will ness inspected the body of deceased, I there wen* no sygns o!’ burning or pow. i dor on the face. On the outside door of Mrs Anderson’s room there wore I .marks as if made by tin- prisoner. In opening the ease for the defence., Air Dickson said that )lie whole of the evidence had been eivenm.siantinl. lunless that of a child of four had to be regarded, the Crown cave must be very

frail indeed. Tt had to depend for the only direct evidence! on the evidence of an infant. It was an audacity to bring such evidence forward. Counsel said that Colston was a returned soldoir, broken by war, and rarely affected by drink. He intended to show that, in a drunken condition. Colston had chased Rliyli.s w iii■ a join. J and later had fired at a car; also that I Mrs Anderson took the gun into her j room, and All's Tolley followed her in, and that they struggled for its possession. He intended to show that Colston entered and endeavoured to separate them, that Mrs Anderson had hold of the barrel, and Mrs Tolley and Colston hold the butt of the rifle, when Mrs Anderson’s hand slipped off the barrel, and she stumbled back, when the gun went off. Mrs Tolley, in evidence, described the drinking party on the Saturday night. She. said Charlie was ‘‘stunned,” and had to be put to bed. Further drinking took place the following night. Colstor went to bed at 2.30 that night, very drunk. WHO PULLED THE TRIGGER? HAMILTON. February 26. At the trial of Colston for alleged murder, which was continued to-day, Mrs Lillian Edith Tolley described an argument between herself and Mrs Anderson, and a subsequent struggle for the gun. She said Colstbn had tried to separate them when Mrs Anderson fell, and the gun accidentally exploded. Asked who pulled the trigger, slitsaid: “T don’t know. It might have been Colston or me!”