VERDICT OF NOT GUILTY IN BURWOOD CASE

NZ Truth, Issue 1147, 24 November 1927, Page 9

VERDICT OF NOT GUILTY IN BURWOOD CASE

Police Discovery

Another "Charlie "

Riddle of Gwen Scarff 's Mysterious Eate Will Now Remain Unsolved

BOAKES REMANDED FOR WEEK ON MINOR CHARGE

who gave k details Of | the number of ! button's on^a military overcoat. There were no brass buttons on the coats produced. Lawyer ThomaS:' VVe hav'4; he'i»*v son-id Shifty, buttons; almost / enough to cover three odats?V*ndt quite. Expert evidence concerning the spanner was given by Albert Edwin smith, managing director of Smith's Motors, who stated briefly, that the spanner produced was of "Belgian manufacture and was similar to rhdSe found m the toolkit' of an F.fcf. car. Winifred Gapes, whd made up the party of four ' on tbe DallingtOri mdtdr trip last Christmas, then entered the box. Neatly attired m a smart-tailored costume with clOSe-nttlrig cloche hat* she Was. perfectly at ease as She replied to Questions. She told the court that she knew Gwen S'carff arid had accompanied her — with Bdakes arid Les. Arps— to Daiiington m Arps' car. Details of the jaunt were rtdt sdught by counsel, btit Capes was Invited to state what had Happened on the occasion of a visit to Gweri Scarff's parents' house one evening .during Mr. and Mrs/ Scarff's absence, "I was, at the house/ said Winifred Capes, "and Boakes called later m the eVenfng. , ' ."He and* Gwen went into the sit-tind-radrri while T stayed with the children." There was a sharp rebuke administered to Leslie GeOrge Mcßeth, a taxidriver wheti Lawyer" Thomas rose to Cross-examine him. Mcßeth had deposed to seeing GW6h Scarff on' the taxi-stand on one occasion, Wheri ' she- * Was lookiftg fdr Boakes. / v He also said he he had taken* telephone messages- asking Boakes to "Ring Woods; Cashmere." Crown Prosecutor EfOnnelly: H"6w riiariy times did you take those m§S-

sageS l—i don't know fidW many times Btit a number of occasions. '

Lawyer ThomaS: "Now, MdSsth, y6U said In thp lower court that you had taken telephone messages for BdakeS dnly 6h one 6t two occaSldnSi t What. do you rrtean. Do you realize that this man m the dock is on trial f6r His life?'* With a dramatic g^StUfe, counsel flUhg' out Hi's hand id the" direction 6f the dock. . . "Do y6U: rMliae it?'' he demanded Maid. "Yes, I do realize it," ahsWored MgSejfii,- '.'",-..■ Lawyer Thomas: Wfell, Why do you how saj* that you received these hiessage's dfi a nurabet" of dficaßions, When In the IdWer court ydti Said: 4 'TWo or three times?" MCBeth: "I can't remember exactly the number of tiffidS." Gotinsei: "ißut fbM realist* thi§ ffiftn's iife is at„stake.~ Whdt explaiiatlon can you give? Have you any?" Mcßeth: "N6^ I Hayeft'ti I. eah't ■ remembe^ • exactly tne riumb6r' df times I got these messages." That he SaW SoakeS 6ii th§ morning of the ddy df the mtifdef, frdfti the time he came on duty at the stand at five-thirty and from that hdtif" Until tifter iiine a.m. Was the evidence given by Herbert Herort, a taxi-driver, Wh6 was aiso on duty that morning. Lawyer Thomas : Ydti saw Boakes that morning, did you not? Was there anything unusual abdUt Hifh that you 66Uld ndfJ6e? —No. Qedrge LoAViSi k%< fruiterer, WHO fermgny ran a bus service to sumner and empioyed Boakes -as a driver, told the court that he had seen '■ GWen Scarff talking to SoakeS d« dfie oacasion on tne bus and Boakes had teid him who She Was/

BoftkeS had told him that GWdh Scarff had confided m him her* troubles, but no mention nad been made as to who was responsible for her condition.

LoWlsV m feplyto Lawyer TRdffl^ . as, described Bbakes Si "a; k|«dly rtiart'/ Very obllsihS drid ddHSideP- ' ate to Wbmei\ and children who travelled on his bus When employ-

Sd oh the Sumner routei"

Evidence bearing upon the runningssheets of drivers employed by thfe White Diamond taxis insofar as they affected the morning of June 8, when Boakes is alleged to have travelled to Cashmere m his car to see Gwen Scarff, was tendered by J. M. Dickinson, son of the proprietor '6f the White, Diamond Taxis.

Dickinson said that Boakes' run-ning-sheet wasthe^only one wh^oh

showed a trip to Cashmere early on the moaning df June 8. Corroborative evidence On' this point was given by the taxi-drivers who were on duty F that riaofiilns. \ When Detective-sergeant J. Bruce Young went into the , Witness-box he told a story which contradicted thai of the boy, Mugford, as to the strange I man the lad had said he saw kneeling by the body.' Young, m cdmp-ahy With Chief detective Lewis, arrived on the scene of the rhufder soon after one-thirty m the afternoofi arid fOUnd the body of the girl lying ofl its Back irt the scrub a few yards iti from the L&Kte Terrace Road ,and at a point rioiii© 400 yards from the tram -stop". ' The body was fully dressed said Young* except for the hat* Whloh was lying against a bush nearby. ' The'. body was half-lying across & blue raincoat, which was saturated With blood. Near the body was a small attache* case containing a night- dreSs and a feW toilet articles; also found near the body was a parcel containing slides apd a fur. The only mark of identification found -on any of the girl's effects Was the name "Owen" on ay handkerchief , Detective Young then described the scene of the cflittey There* Were three large pools of bleed Irt the form of a crescent, each pddi being some feet distant from the other. Also found near the body Were several pieces of Ijone arid a, small tuft Of dark-colored hair. Crown Prosecutor Donnelly: CW Mugford. tell you about this man he says he saw dart- .-.. „

ing thrdugh the scrub?— Yes", We asked him to Shot*' us the spot whera the m&h had gone through into the

scrub,

"We could Arid rid trace of Stiiybddy having* gone thfdUgh the Scrub/" boxing continued. "T"he broom was very dense afid if any person hud passed through it he hitist have left Some trace. Crowtf prosecutor Dotiffeiiyf Ydtf searched the whole 6t the sdrub m the vicinity?—! did,- biit ddtild fmd no tfaceof anybody. Detective Young then described how he had seen Boakes at the floliee station on the day following the mUrder, when he m&m & statement, tie ftflkeo! if he Would he Waflted next day and was told that he could call back if he wished. He did sd at nine turn* next day afid asked that "B"iil'' Cunningham, a taxi *.. driver", be interviewed about Bflakes' trip td Kaiapdi a\ fdW days previously.FrorW Jurie 16 to 25 said Youfltf. he iaw ioakee every day exdflpt tuh.day» and' during that time oakes never wore A military 6Ver66ati " SJUbsedUent, however, td JUhe 2f>; ToUfilf SaW Seakes- oh the taXi-Stafld and he W&s thefri Weafiflf ft ffillitafy fever coat. He Was wearing it Whefi he Was arrested <jn July 27. "Mdw long Was" BdakeSat the station when making his first staf eirient?" asked Lawyer Thohias of Young When commencing hl6 et-oee-ekamihtttlcn. "F'rOhi tWo-nfteeh Until iiine=flf'teeii m the evening," was the reply* Some of the time wag taken up m running diit to Seei' Mrsi Brakes to see what ms had td say about thmf§?--Tes, quite a lot of the tinie.- .. Now, can .yoU give Us Softie idea of the lengths of the frontages 6f this triangular section at BUFWddd iri Which the body Was" fdUrid?— lt- ifl difflduit to say. 1 nave ftdt a .. great knowledge ef area and the land is not iev6i. ; I suppose it would have a frontage of from 200 td 306 yfifdS dh each, side of the triangle? And the base of the angle eft tm Bids where It «tdp*§' would I be andUt 100 yards , ,„-..,,,.-„ ;=,,,™^. or sd.?-*YeS. : : What I cannoj; understand, M i*. | YoUng— of course i irnn ffitiir Virii^ii d/ifft&

exoianatidn of it^ is this: Y6U say that .you went all through the WKdle of the Section., Why, surely ydti dduld £tit the whole Of NapeieOU's army m it ?— Well, I examined tH§ Whole of the frdntdgds d-ound about. Where the body Was found. >' Lawyer T"nonia§ then pi6ked 6fi to a very Interesting pelht, days after thfe HitifdeF a pl©ce df Dieedstalned shift Wa§ disfidvefed Kafiglfif 6fl fi fence net far from where the crime WaS eOrhffilttedi The galic4 established tfaat this piece oi shirt had ridthing 4& do With the crlffid aftd that it had B§en placed on the ■ f Shoe by a laborer, who had used the fragment of sliir-t .to wipe his nd§e. Which had been bleeding prdfuSery. /"Now, Mr. Ydtihg, abdtifc this bldod* Stained shirt. Is it a fadt that, a gifde* Of bloodstained shirt wdg fOuhd, WMoh was afterwards found t-0 nave b6lofig6d to a laborer, who had thfdWn it there*?" asked counsel Of the* d*t§dtive. "Yes, that is correct, Mr. Thomas," Was the reply. , Lawyer Thomas: You did not ,by any Chance find a working man Who had thrdWh' doWii the bloodstained overcoat some distance iurth&r out^No.

douftseh "very well, that >wili do, thank you." . _ . *

Albert Moulin* a taxl-» driver, deposed to having seen dWen scarff on the taxi -stand and h6 reoalled ari odo&Sion when she had brought a btifteft of flowers Whioh she gAVe to BOakes. ' i After the murder, Moulin Had ay conversation with Beakes about it ahd asked him if Boakes knew what was being- said about him round the t6Wn about his haying ItHOWh the girl, ahd taking her eui Boakes denied that it was he and said it was. afidthei 1 "ehariie" whd had been m the habit of taking Qwen scafft! dtitr . Moulin went on to explain that Boakes. had said he had recalled the other "Charlie" when walking past the place where he worked m Colombo Street.- ;

"He did not say whd this other 'Charlie' Was," said Moulin, "but he Said he used to be a taxi-driver." Some important admissions were -made by William Joseph Pleaetmoey another taxi-drlVer, who, m reply to close questioning by Lawyer Thomas, recalled a fare he had from Cashmere early gag mora*

,ing about a week prior to the murder. "NOW, do yOtt remember being called I out to Cashmere early <one morning about a week before the mUMer?"^ asked counsel. PlMaarice Said he remembered the occasion. "Whtf was yoUf fare?" counsel then wanted to know. "He was a man," came back the answer. Counsel: Cart you describe him? — No. I cahriot It was a good While ago. 1 know" that, but try and help us bY retfiernbering— if you can-^-how the man was dressed?—! remember he had a grey oVdr'Coat om s Pressed further on the point, feasance could not describe the appeurtwoe of the man, but he remembered that he drove him to PapanUi? Where he thought he intended to 'oonneot with. Pope's motor service to travel out of town. that was as far as the roatter could be taken arid counsel let it go at that. following the luncheon adjournment, Boakes seemed to be showing signs of the strain of the ordeal through' which he was passing. His face was pale and drawn, butotherwise there was lid Change m the calm expression of composure Oh his features. He remained seated throughout ' the long, afternoon and his gaze never left the WitneSS-box. defective John Thompson was the first witness called m the afternoon.

Thompson described tlie scene m the dete'ctfvd office oh the Occasion Of the making by Eoakes of his first statement. Detective - Sergeant v Y6tfng left tne room While the statement Was he^

Ing

written

and

half-way through Boakes turned to Thompson and asked: ''Have they fOUnd the thing that killed her?" Thompson replied that he was not on that branch of the inquiry and did not know.

ftlihgi Said Thompson, returned and read over to Boakes a statement made by Mrs. Boakes. , Boakes queried a statement m the document and Youhg again left the office.

He returned later with another statement and Boakes then said he had been out on the Monday night preceding the day of the murder, but only to buy a tin of tobacco from a store.

I The other "Charlie" referred to by I Boakes m conversation with a previous witness was then oalled. ' He was Charles Henry Keys and he frankly admitted that he had known Gwen Scarff for a period of seven years, but he had never ! been out with her. | Lawyer Thomas closely questioned Keys about his knowledge d£ the girl j and his possible possession of a millt tary overcoat. I Counsel: YOU Were never out with GWen Scarff ?*-No, never.I Have ydti ever owned a military overcoat ?^=Ndt Since the War. I When were you discharged from the j Army?— l don't know. Can't you give it to us approxl- \ mately? — No, I haven't a head to carry everything. "When were you married," demanded counsel. "Sixteen years ago," rapped out Keys. "Oh, so you remember that, then?" was 66UhU\ f i thrust, whjdh . was greeted with loud laughter, but the merriment was Short-lived. "If there is any further exhibition of levity I shall instruct the officers to clear the cdtirt," his honor sternly admonished. There Was no further merriment. j

There was a thrill *of excitement throughout the court When the Crown prosecutor called Detective-" (Sergeant a l . Bickerdike. Those who expected a fiery afid

„ ....:i,_...:.. \ impassioned denial „..'; of King's, charges df the prSVidtis day were doomed to disftppdlhtrnent. \ v Bicfcefdike dsmsd the changes of King m their entirety,- but it was done quietly and without the slightest trace of h€at. Bickerdike recounted m Calm tones .thd WholC of his dealings With King, repudiating an suggestion of bullying at insifiiidatidn,- hut when asked pdiiiU blank By *LaWyer ThOmas if King was a.Haf^Bidk§rdike did. not give a definite . affirmative. "Well, Bickerdike," asked coun : * sel, "after what has transpired there will be no doubt at all m ydur mifid that King Is a liar?" ''If he says What he has done, he must be a liar," was the reply. Frdht tft§ bOXy Bickerdike then made an exhaustive, statement. "on July W said the detectivesefgaant, "i eaiisd at the shop of -j. a. Qolt&Hi the chemist; m Colombo §Cf§et, fifid' asked if he employed, a man named King. "He replied that he did, and he galled King over. I told King who I was ahd asked him if it would be possible to have a private interview With him there. .'"•'•;'' "He said it would not be possible, and 1 then asked him if he eouid find ■-. ■ .■■■••■ .*^.i- .• ■ » '•

it convenient to call and see me at f the detective office. ' "He agreed to do so, and, m fact, accompanied me there. "I told King that I had heard he: had sold something to Boakes, .and he asked me where i had got the information from. , "I said: 'I am sorry, but I cannot tell you.' King then sjjid: If I tell you b the truth, what will happen to jntiet. and I replied: 'I am not the boss and I can make no 'promises.' "He then said: 'I will tell you the truth.' King then told me that he had given' some drug to Boakes for a girl whom Boakes had told him he had got into trouble. \ "I asked King if he would give me a Statement to that effect, and he replied that his hands were cold and would I object to his warming them first. "I took him down to the chief detective's room, where there was a. fire, and we stayed there for about five or ten minutes, chatting. "King then Wrote out his first statement, WhiGh has been produced. , ''In this document. / King recounted how he had supplied pills to Boakes and later a drug. "That statement King wrote out m his own handwriting. He arrived at the station that afternoon at about two forty-five and remained until a little before five o'clock. "Then he said thafe he wanted to get away back to the shop before Mr. Coltart left, as he (King) wanted to get a sample of the pills and drug he had Supplied to Boakes. "King arrived back at the police station at six o'clock with the samples and that was all that happened on July 18. "On July 20," Bickerdike continued, m the same calm and even tones, "at abdut seveh m the evening, I was Sitting' m the same office when King

came m and Said he had omitted to mention m his previous statement that he had sold another box of pills to Boakes. "He asked permission to rewrlte„ hia statement, aH.d I pro- ■ dticed His tirst statement and . handed it to him. "He re- wrote his statement m order -to have things, m their proper order. It took- him about an hour to write it out and he then left the detective Office. "I next saw King oh the day Bodies was arrested— oh . July il. Detective Walsh and 1 that day happened to be passing Coltart's shop, and. called m '.to \ tell King that Boakes had been af>rested; i "In .my presence Detective Walsh asked him if there' was any further information he could give ' uSj but he replied that he had told us all he knew.- '■'■-. "I never saw King again from that day until the first day Of the Jdwdr 6otift hearing. It was raining and King asked me if we had weather like that m Auckland." Bickerdike paused and waited for questions the, Crown Prosecutor prepared tb put to him; CrOWn Prosecutor Donnelly: Have you read the statement King made tp Mr; Gresson?^— Yes> I have read it; ''NoW, did ;yoU at any time bully King into making a false statement?" There Was a hush, as the reply Was awaited. ','1 have never' yet seen the man Who can be bullied Into makings a statement,'' was Bickerdike's answer. CroWtt Prdsectitor tJonneily: "Never mihd abotit that; "Did yoti bully King?" ■ y Firmly and giving full weight to every. Wdrdj ;i T3jckerdike replied: ''No, I hover'- bullied the man at .all/.-. :,.,/■•_ Crown Prosecutor Donnelly: Did yoti threaten King With "any Offends ?-^-Nd; not at alii:.- There 'is -One thing I Would like to say,. •? though. King was very anxious to know who , my informant Was. That was all.' as Lawyer Thomas rose to crdssexamine there was a stii" m court and the first question was awaited With tense interest. , "NOW» detective- Sergeant," counsel began, "you took the Second 1 statement which the accused Boakes made, did you not?. "I did," was the reply. Counsel then picked. Up copies of the statements Boakes had made to the police. ■'■'•-■ "Now, detective, sergeant, do you suggest that Boakes made those statements— -or, I should say, the one you took from him with-:---i Out prompting?" he asked. , , I "I did not prompt him," replied Bicrkeraikel'

Counsel: "Now, before you answer, wait until I. read you one paragraph m the statement." . Lawyer Thomas casually turned the pages of the statement, finally bringing his eyes, to rest on the -'concluding paragraph. ,; Now," he said, "this is what Boakes Says m. Winding up his .Statement: 'Bickerdike has treated me fair and it 'is my own Wish that this statement Is written." ', ..->.-<. Counsel threw the statement impatiently On the table m front Of him j and then challenged the detective. ! Slowly, but incisively, every Word ringing through the tfense . court, he put his question: "Do ydti, suggest," he demanded, ' "that this paragraph was Written, without your prompting him?'* Bickerdike did not hesitate m . answering. "I will tell you exactly what happened," he said quietly. "As he came to the end of his statement Boakes turned to me and said: 'Well, Bickerdike, you have' been^ very fair with me,' ahd I rolled: 'Wall, if you think so, put it / down on the paper." Lawyer Thomas, swung round and then as quickly turned again and leaned forward staring full at the Witnessvbox. "Put it down ott the paper!" he , echoed and then added With a tOiie of finality: "Thank you, that is all I want to know about that." Bickerdike remained absolutely tin* perturbed, his hands resting gently on the rail of the box, while lie waited | for the next question. [. '|t came like a thunderclap. j "Now, detective-sergeanty there is no doubt whatever m your own mind that Kirtg, m view of what he said yesterday, is a liar?" / Bickerdike did hot reply directly, to the question. "Well," he said, "as to my interview with King, I had no trduble whatever witb him." \ Lawyer Thomas: "Come now, Bickerdike, m view of what happened yesterday, you are Satisfied, are yoti not, m your OWn mihd, that King is a liar?"