UPHAM MURDER

Hokitika Guardian, 27 August 1931, Page 2

UPHAM MURDER

' CHARGE AGAINST WIFE. " • . i (By Telegraph—Per Prets Association) WESTPORT, August 26. The hearing of the charge of murder against Lena Maud Upham, in connection with the death of her husband, found fatally shot' in an empty shop on August 7th, commenced at the Magistrate’s Court at noon. < ' Harbin Robert Young, surveyor, said when he made a plan of the premises he noticed a pool of blood near a mattress. Jean Elizabeth Watson, said she kept a small shop near where the Uphanis lived. Remembered the afternoon o! August 6th. Mrs Upham came into the ' shop and purchased lollies/ She appeared very worried over her children . being. taken away from her. Accused told witness that her husband was the • cause of all the trouble and was very cruel to her. After she had been talking for a long tithe the accused said, if it was the last thjng she did she would get him, <hbr husband.) William Shorty Collins said l) e spoke-to Upham qtl August 6th. Upham was carrying something in a bag. ■Deceased was under the influence oi liquor. Annie Ellen Fox said for three weeks before the tragedy the accused had been sleeping at her house. The separation . from fiifci’ children, nearly drove her to distinction. Accused said her husband Was very cruel. She had a bruise'on the arm effd cheek. blamed her husband mV the loss Of tb e children, saying be would not keep them or provide a hpm®, : •; Airs E. Fox stated she know accused for some considerable time, and for three weeks pripr to the tragedy Afr? Upham had stopped and' slept at hpr house. She .knew, of domestic chfjfaTences between them, and knew that the children had been taken away. The separation from them worried her considerably. She . was, fond of the c}nl" dren and waa carrying the photos of them ; about with. her. She was heard to to a pictlure of the boy, “We would be happy, Ken,. If we had sonjf><?he to look after us." She was 1 always , hpjdous to see her children an4«would •' hide in. the vicinity of the house ufhere they.were ,m the hope of getting a glimpse of'them. She blamed her Husband for all the trouble, and contended that she would not supply a home for them. The accused was put, and when .she' Had returned homei Mrk tfpham had already abrived,. and did no|> go out again that day. She 'did n<t>t ; notice any graft change in accused’a demeanour during the remainder of the evening, and. her condition: was traphanged on 'the morning of the murder. Mrs Upham thaj; day left the house at 10.30 a.m. and reing. She was crying and; witness enquired what-ova b. the matter, and the answer ’received' was •<iw>sWn**7 Mf? Upham further that she did hot w i<jh to bring trouble onwitness. She (Mrs Fox)..volupWi'ed to help her, hut Mrs Upljam- ' replied, “You cannot help, me, ; hecauae-.he is .dead !” AVitnessaaked her ; what she had done, and facoused r|pliiedj*; “1 have shothim.’f Witness asked her where she had procured the gun, and the reply was that she had taken witness’s husband’s gun?” She replied • that she. had done so. The distance between where the gun was kept and the shop would be about,,five , minutes’ walk. Mrs Upham was always brooding, and she seemed to be very much worried. (Witness' had suggested that the husband might rot be dead, but Airs Upham only remarked that she would get the gun and then drown herself. Witness then placed accused in charge cf her daughter and went for the doctor. She met Constable Matches, and asked him to make enquiries. The constable advised her that Upham was dead. * Doctor Dickel said he accompanied Constable Matches to the stop where lie saw the body of accused’s husband lying across the mattress. It was lying on the right side and the head was buried in the mattress. There was Mood on the chest and hands and rigor mortis had set in. Death had taken place six or eight hours previously. Deceased was fully clothed, with the exception of his boots. Accused suffered from puerperal mania, and would be apt to turn against her husband or children when the mania was on. It would be intermittent. Witness dealt in detail with this condition, and his evidence was materially corroborated by Dr. Foote. Dr. Dickel stated the position of the body was consistent with the the ory that Upham had been shot whilst sitting on the box. There was a wound on -the front of the chest, a little lower than the nipple, and an exit wound on the back, to the’ right of the scapula. The course of the bullrt would he downwards, and to the right. Death would be instantaneous. The bullet produced could cause a similar wound.

To Mr Aloloney: He examined Mrs Upham on the occasion of her ment, she was then depressed. She •was also suffering from delusions.

To Mr 'Wilson: He advised the Matron to put her in a separate ward. He had not examined her professionally since.

Dr. Percy Foote gave corroborative evidence. The front wound was between the fourth and fifth ribs, and the one at the back between the 10th. and 11th. ribs. On oo°ning the body he found that a bullet had passed through the head. The other organs were all right. The wound was consistent with the gun being fired at close range.. ,

Fox, daughter of Airs Fox, (a previous witness), said that Airs Upkam, in her presence, picked up her. father’s gun, handled it, and worked the lever, and apparently knew how to use it. The gun was usually kept behind the door. She seemed a bit out of Sorts on that particular day and was worrying about her cfiijdren. She was talking to herself.

Constable Matches said he remembered August 7th., last, when, as the result of a talk with Airs Fox, he Visjied a place occupied by the late Frederick Upham. The door was bolted from the inside. He found the body of Frederick Upham and saw he was dead. Mr Dodds accompanied him. He informed Sergeant McGlotie there was blood on the matires* from the breast and that there was? blood along the floor for a tout two feet. The impression he got was that deceased was shot whilst sitting on the box.

To Air Aloloney: He knew Upham to be hig physicially, and very much often fighting, John Dodds corroborated the previous witnesses’ evidence as to the position of the body when the room WftS enterep. jpjonstfible Spence said he looked for Afrs Upham on August 7th., and found her in the vicinity of Queen Street. She sqbbed continually.

To Air Moloney: He knew the couple lived unhappily, qnd that Uphaju had received a sentence of one months’, imprisonment in the G-rey-moiith' jnij, for assaulting his wife. Constable Swrgener stated he examined the rifle, which was found under thp. lavatory, and wa« satisfied it had hepp recently discharged, ‘

'lTo Mr Moloney: He knew personally, that the couple were unhappy apd thfjt Uphapi was quarrelsome. -William Fox said he was employed', in the railway. He gun was usually - kept behind the door, and tlfere were two cartridges missing from his belt. It took about five mjnutes to walk from his place to where the tragedy occurred. , Sergeant AlcQlone stated that from information be had received from Constable Matches, lie visited the house in question, and found Frederick Upham shot dead. Constable Matches and Dr. Dickel were also presept' T ,se body was six to eight feef inside tile door. He knew the pouple for three and a-lialf years, and they <Jid not get on well together, Upham was of a violent temper. On ope occasion he called there, Mrs Uphep we* considerably distressed, and unable to stand up. He was in ppd fully clothed, and was drunk. On February 22nd., Airs Upham’s face bps Mack, and her nose was bleeding. Her dress was covered with blood. Upham, on that occasion, .pleaded guilty to assault, and got a month ; in' jail, and -at that time Afrs Upham was six months’ pregnant and was confined in June last in the JEJpme. The house where they lived. was not fit to live in. . There was no fire place and no convenience of any kind. / To Mr, Moloney ; The night Airs Upham left the Maternity Home, she was -very weak and there were no provisions in the house. Upham.'’ on that occasion, was drunk. Detective Holmes stated the house of the Uphanis was not fit for pigs to live in,

Detective-Sergeant Holmes said that, in company with Mr Black, Jnr. counsel for accused, and Constable Matches, he visited the house where the tragedy' occurred, and had measurements taken. The general surroundings, were disgraceful. To Mr Aloloney : It would be ' impossible to ask any woman to live in the house.

The Matron of Kawatiri Maternity ■Hospital then gave evidence as to , accused’s ailment and delivery while in the hospital. After the Alatron of the Kawatiri Maternity Home had given evidence concerning the period Airs Upham was in hospital, a plea of ‘‘not guiltv” > was entered and accused was committed for trial at the next sitting pf the Supreme Court at Westport.

PRISONER’S CONFESSION. WESTPORT, August 26. Tile' hearing of the charge of murder against Lena Maud Uipham was resumed in the afternoon. Annie Edna Fox, continuing her evidence, stated that when witness returned to her home, she found the accused crying, and she asked what was the matter. The accused replied “Nothing!” Then to further inquiries, she said: “I don’t want to tell you and bring anything on to you.” Witness replied ; “t will help you no matter what you have done.” Then the accused said : “You can’t help me, because he’s dead!” Witness said : “My God!”. What have you done?” Witness asked : “Did you push him in the river and drown him ?” She replied : “No—l shot him !” The accused was very worried and depressed, because her children were taken away from her. ACCUSED’S MANIA DUE TO ILLNESS. Dr Dickel described his visit to tne premises where Tjpham was found dead. He said that the post .mortem revealed a bullet wound through the heart, death being instantaneous. He also stated bow he was asked, when at the Maternity Hospital, to see the accused, who was in a very depressed state. She was suffering from perpetual mania. When he said, people were suffering from this complaint, they often had delusions, and these were accompanied by suicidal and

homicidal tendencies, and they would turn against either husband or child. They could have their lucid intervals, and then the mania would occur. Evidence of a .somewhat similar nature was given by Dr Foote, Medical Superintendent of the Buller. District Hospital, and the Kawatiri Alaternity Hospital. Constables Alatches, Surgenor and Spence and Senior Sergeant AlcGlone alls gave details connected with the tragedy, the arreat of the accused, the recovery of the gun, and also ol the quarrels of deceased and the accused, the former having been sentenced to a month's imprisonment for assault on his wife. HOUSE NOT FIT FOR PIGS.

Detective-Sergeant 'Holmes said the home was 7h a dreadful state. It was a ramshackle, leaking building, with no fireplace. There was only an old gas stove, and it was not fit for pigs to live in. ACCUSED’S DELUSIONS.

Alatron Mclntyre, of the Kawatiri Maternity Hospital, whose evidence for the defence was taken, as she is shortly leaving Westport, described rtlie condition of the accused in' hospital, stating she suffered from delusions, she imagining that 'she had blood poisoning. The deceased was sent for,- to be tolcl of her condition, but when he arrived he was in a state o- partial drunkenness. The accused was underclothed and underfed. COMMITTED FOR TRIAL.

The accused pleaded not guilty. She reserved her defence, and She was committed to the Supreme Court, sitting at Westport next week, for trial.