WHALLEY ON TRIAL

Hokitika Guardian, 9 June 1932, Page 2

WHALLEY ON TRIAL

STATEMENT BY ACCUSED,

TRAGEDY AT THE HERMITAGE,

(By Teleyrapk~-Per Bren Astvciutionl

TIMARU, Juno 8. Further evidence in the trial of Whatley for murder was heard yesterday. • Charles Elms, continuing his evidence, 'said that, on returning to the dead man’s room later, found;that the rifle had been shifted from outside, tlie door and was leaning against the wall in the yard, and he replaced it on the settee in the same position in which he had found it. He examined tlie wound which could hardly be seen for the hair, which, however was not singed. Witness had never known him to go shooting. | Douglas Standage, manager of tho Mt. Cook Tourist Coy., said that on . the afternoon of Npvember sth., ' iWogan was off duty until 5 o’clock, ' and epent his time playing tennis. * He saw Wogan on liis bed about 6.10 p.m., and, on examining him, put his hand on the man’s heart, and thought lie detected a slight flutter, i which, however stopped immediately. He examined the bullet wound on the left hand side of the head. The hair was not burnt and there was no sign of blackening round the hole. He saw ( accused just outside the door handling the rifle, and working the bolt to see if it wafi unloaded. Whalley remarked that they “didn’t want any more, accidents.” | When witness expresesd the view J that the rifle ihould not he touch- 1 od lie placed it against the wall and, i later, the weapon w.ts replaced in its, former position. Half an hour after midnight Constable Mackintosh arrived, and, accompanied by Mr Elms and witness, they examined Wogan'a room where the constable took charge of a spent shell. I Hi chard William Dingwall, engineer at the He-mitage, stated that, shortly after 6 o’clock, he entered Wogan’a room and saw the body c,n the bed. I There was blood on the settee, but there was no >sign of scorching. I Alf Brustnd, shop manager, of Christchurch, stated that lmt Novemher he. had be°u a guide at the Hermitage where lie had been for six years. He, said that WogT” had never asked him to loan him a firearm, and witness did not know if Wogan had ever done anv shooting.

Did von |'i t any nnrtmider question to him about the rifle in the room? —T can’t remember. Did amir"l say what they were talking about when lie went to leave the room ?—About horses. Estella Boucher, pantrymaid. said that accused and "W' ,r "t,n used to talk about different f racing, and accused sometimes remarked in the staff room about the, different ( horses lie and Wogan had hackod.

j Henry Charles Arthur Stfinsion, ! general at the Hermitage, stated that he, had never seen Wogan handle a firearm or go out shooting. About 5:40 pihl; oil November sth., accused left the kitchen with the intention of visiting Wogan’ 3 room, and he returned at 6.5 p.irt, and told witness to get some brandy, saying that Wogan, j had shot himsoif. hater, accused a,si<= ed tJxe second cook to carry on with the dinner as Wogan had met with an" accident. Accused then left the kitchen, but, later, in the staff room, ; witness heard Whalley say that Wogan had been sitting on a chair with the gun between his legs.

Constable Andrew Macintosh stated that he had examined the body of Wogan. He found a wound caused by a bullet. . There was blood round the wound and on the face. It was clear that it would have been caused by a rifle at right angles to the head. There was no trace of blackness or powder round it, and no singeing of the hair. There was no blood on the rifle. He had found an empty .22 calibre shell on the floor. Under the bed there was also a box of live cartridges.

| Witness said lie interviewed the accused, who stated that he had known Wogan for six years. They were mates at The Hermitage. The accused said he had bovowed the gun to go shooting,' and that on the diy of the accident, the deceased had asked him for the loan of a gun as lie desired to go shooting. Accused also said that the deceased was playing tennis on the afternoon of November sth., and on returning, the accused showed him how to load the rifle. He said lie returned to the deceased’s room an hour later, and was just leaving, when he heard a shot. He had his back to the door at the time. Accused started that, just prior to this, the deceased had been ■siting with the gun between his knees. Accused said he and the deceased had often discussed racing and that they were on the best of terms. Dr. Janies Sutherland said that he made a post mortem examination, and he found a clean-cut circular wound, about the size of a split pea, on the left side of the, head. Hie hair was not affected in any wav. He looked for singeing or burning, but lie found none and there was no powder mark. He found that the bullet had entered the head horizontally, that was, at right angles to the skull. Death was caused by laceration of the brain, and it would have been almost in-tan-tancous. He, would he surprised to learn that the deceased had lived any length of time. The Court adjourned Lill to-morrow.