THE "SUNNYSIDE" MURDER CASE.

Manawatu Herald, Volume XXXI, Issue 464, 13 July 1909, Page 3

THE "SUNNYSIDE" MURDER CASE.

Accused Before the lower " Court. Reserves Hit defense. ” ' Coitißtmofl for Trial. At the local S.M, Court yeste-- . day morning, before Ml* A. D. . Thomson, S.M m HetJley Nye was charged with the murder of-his - father, Thomas Nye, on July sth. Accused was represented by Mr Dix, of Wellington. Sub-Inspector O’Donovan conducted the case on behalf of the police. . The accused did not show any outward ill-effects from his recent incarceration nor is it apparent that the crime has in any way made any impression on him. He was accommodated with a seat in the dock and'near at hand was his , uncle. Mrs W. S. Stewart, who Jiad taught the accused for a time and who has had some experience as a teacher at the school for deaf mutes, was in attendance to convey any message to the accused by lip movement. : The court was crowded with spectators. 1

Reading the Charge.

Mr Hutton, Clerk of the Court, Palmerston North, read the charge which .was also written and handed to accused; He did not appear ,to understand what Mr§ Stewart said nor did he appear to understand the charge which was handed to v . him to read. lie simply shook his head. .

A Formal Protest. Mr Dix said he desired to make a statement. He visited the gaol at Palmerston North on Sunday last, where accused was lodged with a view to confer with his client Accused was in an apartment. 10ft square. There were present .three other prisoners and the gaoler. He wanted a stick which was to represent a gun, in order to get accused-to demonstrate' some action and one of the prisoners asked whether a broom would do. The gaoler refused to procure .a stick or withdraw in order that counsel might hold a private interview with accused. Authorities again and again set out that counsel was allowed a private interview with an accused person in order to set out a line of defence. Finding it impossible to continue Mr Dix said he was corn-spelled-to withdraw. He desired to exonerate the Sub-Inspector who was not present when Mr Dix called on the accused. The Magistrate took a note of the com-, plaint. Mr Dix asked that instead of committing thp accused to Wanganui to await, his trial hie be sent to Wellington in ordet that the defence would not be It was pointed but that prisoners were notmow sent ■to Wanganui , but to Wellington.

Plan of the Houso. Walter Alzdorf, Foxton, surveyor, on oath deposed that he knew the home of the late Thomas Nye. At the request of police he prepared a plan of the house. Produced the plan which was drawn according-to scale. It showed the front elevation and side view.

. Dr. Adams’ Evidence. Dr. George Joseph Adams, duly qualified medical practitioner practising im Foxton, on oath deposed that he remembered Monday morning>sth July. Received a call at a quarter to two a.m. to go to the home of thelate Mr Nye, On the way Constable Woods overtook me. Proceeded together to the house. On approaching the house . they heard the screams of a female calling out ‘ ‘father. ” Entered the frontdoor and found' everything in darkness. Immediately in front of us we saw the body bf a man lying on the floor bf the diningroom, with his head towards us. Approached the body and on examination found it to be that of Thomas Nye.- Deceased was lying on his back, with his head in a pool of blood. There was a large gunshot wound on the side of the neck. Found life to be extinct. Searched the bouse with Constable Woods for Hedley Nye. Did not find him. Then proceeded to the room upstairs, where Violet Nye was. The room In which she had , locked herself faced the gate. The right am of deceased was fixed in the position of holding something—as if holding a candle. There was a slight angle in the body, at the hip. Deceased fell on his side, but the weight of the body turned him on his back. The legs of deceased. were perfectly straight; The position of the left hand was at the side of the body ■ perfectly straight. At the side' of the body was lying a candle in proximity of the right elbow. In the left axillae was lying a box of matches. The box of matches seemed to have just dropped on to the body. Saw “ no weapb»near the body, but in the kitchen an axe was lying on a bench*, Made no. further examination of the body till later in the morning. Made a postmortem examination of . the body in daylight. Witness then read the result Of the post mortem as published in the report of the inquest. Witness, continuing, said that bn Thursday, Sth July, irt the presence of Detective Quirke and . Constable^Woods, -I weighed the ' shot 1 -found in' the wound in. delicate scales. Found six - of;.-"..'the .shot weighed ' \ - ans also that six , shbt'produced;by l Constable W oods •V? froman Bleys No. a >: weighed, also 20# frwfas exactly. 7fbe wad found in the;, wound'was .similar to the CsK LJ-Ln-. > 'V- 1 - . ■ > ...

possession of the police. The general appearance of the wound in the neck was lacerated, aqd of a circular nature, there being a ■ visible cavity. The flesh was blown away from the face of the wound, so that the vertihrae was exposed. The diameter of the wound would be about three inches. From the character of the wound, and the position of the shot found, it appeared that the shot Was fired by a person about the same height as deceased, and in all probability from the height of the shoulder, The deceased’s head seemed to be turned very slightly to the right side when he received the wound. In witness’ opinion the wound was not selfinfiicted.# Theie was no sign of powder marks or scorching on the wound.

Mrs Nye’s Story Re-told. Mrs i Nye, widow of deceased in evidence, said she resided at th< farm called ‘‘Sunnyside,” No, ; Dine, Foxton. Her husband Uvec with her up till the morning of the murder. Deceased enjoyed perfect health. Violet, Lionel, Hedley, witness and husband occupied the house. : Hadley, the accused, will be 2i years oi age next November, Violet will be 19. years of age next August. Thomas Nye was their, father. : -Witness is not the mother of these two, but is the mother of Lionel Burston, but Thomas Nye is not his father. Hedley Nye, the accused, is a deaf mute, and has been living at home since about last February. He was good tempered so long as he was allowed to dp as he liked, He had been,taught in the Sumner school for deaf mutes and was there for about seven years. Hedley could speak so that they could .all understand him. On

Sunday, 4th July, all the family were at home. Hedley was in a good mood that day. He went to bed at about 7.30 p.m. His bedroom was at the top of the stairs. Witness here indicated the room on the plan, also the rooms which were occupied by Lionel and Violet, upstairs. Violet and Lionel retired to their rooms at about/io o’clock. Mr Nye retired to his room before Violet and Lionel. Witness was the last to retire. Indicated on the plan/the bedroom occupied by herself and husband, on the ground floor. .Witness put the light out in the dining room and kitchen, and went to bed after Lionel and Violet had gone to bed. That was immediately after the children went to bed. Was awakened by my husband getting out of bed. Saw him walking out of the room with, a candle in his hand. Immediately.after I heard an awful crash, and called to him twice. I then jumped out of bed and went into the passage and saw my husband lying in the dining room. Looked up and saw Hedley in the kitchen. He was at a drawer with the gun under his arm. He caught sight of me. I rushed out of the front door and ran round to the dining room window, and was* going towards the other side of the house, when he saw me and chased me. I hid behind a macrocarpa tree, inside

the gate. Hedley rushed past, and went out of, the gate. He returned, and went in front of the tree and looked under the holly, which grows close by. I then screamed to, Violet to lock herself in until I could get help, and then ran to Mr A. Symons’. When I saw Hedley in the kitchen he had the gun under his arm and was turning everything over in the drawer. The kitchen towels and the cartridges used to be kept in the drawer until the previous Thursday night. During the evening of that day I saw Hedley in the kitchen cutting something up, I asked bini'what he was doing, and he struck at me, gathered everything up and rushed out, I did not clearly see what he had but afterwards thought that it must have been cartridges. After he had gone to bed I went to his room and, found five cartridges in his coat pocket. Brought them down to the sitting room and gave them to my husband. My husband took the cartridges and the Slate and went up to Hedley’s room. Ido not know what happened up there. After that the cartridges were kept dm, a drawer in my bedroom. OnSunday, July 4th, my husband went out at about 4.30 in the afternoon with the gun,. He returned about 8.30' and brought one duck. He put the gun and duck on the bench in the kitchen. JBefpre going to bed I moved the duck and think ■that I put the gunin the usual place in the corner behind the door. [At : this stage.the gun Was produced for identification, and on seeing it Mrs Nye broke down but appeared alright again on the gun being taken away.] Since Hedley had been home he had been home he hadbehaved the same' towards his father as to the rest of them* His father was always very considerate

to hi nu I had never seen any marked sign of illwill between the father and the boy. Hedley had threatened his father once to me. He said “X will kill my father sometime.” He was in the kitchen at the time and seemed excited. I was talking 'to him and asked him why he wouldn't try land help his father ahd be a better boy. He said “No, I will kill my father,” I asked him “why,” and said “your father is good to you.” He said “No; I will kill him, my mother told me I could because he was a bad man.” This was soon

alter he returned home about February, Nothing further had' happened since. On Sunday* July 4th, I heard the axe going and tolfi yiolet to go and see if it was Hedley. The axe was usually kept by. the wppd. I am positive that it was not in the kitchen when I went to bed on the night of the nrttrftefx *

At this stage Dr Adams identified the wad and pellets as those taken from the body <)f deceased. Lionet's Experiences.

Lionel Burton, sworn; said : I am 13 years of age and live with my mother, Mrs Nye. I was at home on Sunday, July 4th, and went to bed at about 9.30. I slept upstairs, in a room to the right of Medley’s. When I went to bed, Hedley was in bed. About the middle of the night I was disturbed by the report of a gun. The noise seemed to be downstairs. Afterwards heard my mother calling from the front of the house, to my father and myself.- After a little while I saw Hedley come upstairs. Then he sat down on his bed with the gun across his knees and- was either pulling out a cartridge or putting another in the gun. 1

could not say whether he wa: dressed or not, I rushed past bin and when I got to the bottom of thf stairs, I looked up, and saw bin pointing the gun at me. Went tc run away and tripped over the body of my step-father in the dining-room. I then ran into the sitting-room and locked the door, After a little while, as I did not hear Hedley, I opened the dooi and saw him striking matches in the kitchen, and lopkiug into the drawer* where the cartridges used ,to be kept. I then locked the door again and got out of the window and ran over to Mr Satherleys. I recognised the gun Hedley had as my stepfather’s. I have lived at “Sunnyside” about four years. Remember Hedley coming back to “Sunnyside.” He was home at'Christmas and had been there ever since. I was on good terms with him, but he never spoke to me. He had only spoken about 20 words to me since he had been home. I tried to be friendly with him, but he would not take any notice of me. I do not remember seeing the axe On Sunday, July 4th. Had never seen Hedley use a gun of any de-

scription. Violet’s Evidence. Violet Dagmar Eliza Nye, daughter of deceased, stated that on Sunday, July 4th, she went to bed at about 10.30 p.m. My mother had not gone to bed when I retired. I sleep upstairs next to Hedley’s room. Hedley was in bed when I retired. Daring the night I was awakened by my mother screaming. (Here the witness broke down). The screams came from the front ot the house somewhere. She .called my father by his Christian name twice. I jumped out of bed and looked out : of the window and saw Hedley running back towards the house from the white gate, and be had the gun under his arm. He was running towards the kitchen door. 1 He was only dressed in his shirt. I heard Lionel rush downstairs. Again I looked out of the window and saw Hedley returning to the \ house a second time. He still had 1 the gun with him. He rushed upstairs and down again, and then < ran up and down the same path “■ two or three times. He came up- 3 stairs again and I heard him dres- { sing. He then ran down again 1 and that was the last I heard of * him, I had locked myself in my • room and remained there until '• Constable Woods and Dr. Adams came. On Sunday, July 4th, '<■ Hedley was chopping wood and £ doing his usual jobs. Just before < dinner time I told him not to chop * any more wood because it was ‘ Sunday. He said he did not know. a He stopped and came up and * washed himself . No. one else used the axe that day as far as I know, t I did not see it in the house at any 1 time before going to bed. Saw it * in the kitchen when I was coming 1 away with Constable Woods. Do not know how it got there. Hedley v was in a good humour bn Sunday *■ July 4th. I used to speak to him C occasionally. It was only lately * that he started speaking again. At this point the Sub-Inspector c asked the witness if she could see her brother in the court. She said, f: “No.” The Sub-Inspector then asked her to look around and on d seeing her brother in the dock she 51 broke down completely and it was n ■some time before 3 she was able to “ answer questions. ,

Continuing, she said that she thought Hedley came home some time after Christmas. Her father was out shooting on Sunday even' ing, and she did not notice where the gun was put when he returned. Constablo Woods’ Evidence. Constable Woods, in evidence, said he was called to go to * ‘ Sun-, nyside” on the morning of the sth inSt at 1.45. On the way he was joined by Dr Adams. On approaching the house they heard a female voice screaming “father.” They entered the house by the front door, which was shut but not locked. They found the body of .deceased, Thomas Nye, lying on the floor in the dining-room. Witness struck a match and the only candle that could be found was one lying by deceased’s right hand: Dr Adams examined: the body in witness’ presence. Witness was again present at the post mortem examination and saw the doctor extract a cartridge wad and about 10 shots from deceased’s body. On arriving at the house witness made a thorough search for the accused but could not find him. Witness 'found two breach-loading cartridges in the kitchen. They , were Eley’s No. 2, Alongside the cartridges witness found an axe. There was no other weapon there. In the bedroom used by Mr and Mrs Nye there was a pea-rifle, Found the pea-rifle after ; daylight when I returned with> thte search' party. Accused was handed over to me by Constable Eongbottom, of Eevin, at 12.30, p.m. Constable ijongbottom also han4ed over lour cartridges, one memo

book, pair of cuff links, and a single-barrelled £1 14s 2d in cash and a cheque fur £ i 10s 4<l. When I received the gun I noticed that It had been recently fired out of. On Thursday, the Bth inst., I opened one of the cartridges and removed some shot. Saw the doctor weigh six shot taken from the cartridge, which weighed 29J grains. . He also weighed six shot which were in his possession; and they weighed exactly the same weight, When I saw deceased he was clothed in a singled

Constable Sweeney s Evidence. Constable Sweeney, in evidence, stated that on the morning of July sth, in company with Constable Woods, saw deceased lying on the floor in the dining room. I found an empty gun cartridge near the door of the kitchen, which leads into the dining room, 4ft 6in away from deceased’s feet.

Detective Quirke. Detective Quirke said that x 1.30 a.m,, on July sth, I went to “Sunnyside.” Saw the body of deceased lying in the dining room. In the afternoon I examined the gun) which showed signs of having been recently discharged.

Constable Bagrle, and ttie Arrest. Constable Bagrie, of Levin, said that on July sth, I arrested Hedley Nye at 10.20 a.m. near the railway station at Levin. Saw accused • walking along Oxford Street from the railway station,. Saw him with a gun in his hand Drove past him for a distance of about 50yds. Got out of the trap and followed him. He werit round the corner into Ward Street. When I went /round the corner the gun was standing against the wall, and the accused a few yards away from it. I took him to the lock-up and searched him, and found in his possession four-shot cartridges, together with some money and sundries. Sent the accused away with Constable Longbottom, at about 10.50 a.m., to Foxton. When arresting accused. I wrote on an envelope : “Can you write?’’ and he wrote

“Yes.” X then wrote : “You are charged with murdering your father,” and accused wrote “Yes.” I then wrote: “What is your name?” and he wrote “ Hedley Nye.” (envelope produced.) Constable Dongbottom, of Devin, stated that on the sth July be took charge of accused from Constable Bagrie at the Devin station, and at the same time received the gun and four cartridges. Brought these and accused to Foxton, and handed them over to Constable Woods. This concluded the evidence for the prosecution.

Defence Reserved. Hr Dix said that he appeared for accused, who would reserve his defence.

The Magistrate then asked accused if he desired to make any statement. He said he need not make any statement, but should he do so, it may be used as evidence against him on his trial at the Supreme Court. , Accused did not desire to make any statement. The Magistrate then asked the accused to sign a statement to the effect that he reserved his defence. On handing this to accused, the latter wrote: “Prince,” then “Hedley,” and after “Cornwall and York.” He refused to sign his proper name. Mr Dix handed the paper containing the accused’s writing to the Magistrate, who then asked him to get the accused to sign his name only. Accused would not do so, and was committed to take his trial at

:he next sitting of the Supreme

Court at Palmerston North, in August.

In conversation with Mrs Stewart, who was engaged to assist in interpreting messages to the accused Hedley Nye at yesterCourt proceedings, she stated that when asked to sign his name to the message that he need not make any statement, he wrote “Prince.” In response to a further request to sign his. name, he wrote “ Hedley ” and then

“ Prince of Cornwall and York,” She stated further that he appeared very nervous and she noticed a decided change in his manner since the time she. was closer associated with him, years ago. *

Up till very recently the accused could understand almost anything that was said to him by the movement of the lips, and could talk fairly well, though of late he has spoken very little.