WAS HE COERCED BY POLICE?

NZ Truth, Issue 1237, 15 August 1929, Page 3

WAS HE COERCED BY POLICE?

Counsel Far Man Charged, Following Widow's Death, Questions Truth of Statement

JURY FAILED TO REACH AGREEMENT

(From VN.Z. Truth's" Timaru Representative.) Didtte Temuka police induce Martin Joseph- Melville, formerly, a well-known South Canterbury Rugby representative, to make a false statement m connection with the death of Ada Mary Reeve Heron, a young widow, for whom he had procured a certain article, allegedly for an unlawful purpose?, . , . , ■ ' ' . 1 '''" ' '* __« : *K. ~ — ■

WHETHER the Statement was false or not, the startling allegation m '-.the Supreme Court, at Timaru, of Mr. A. C. Hanlon, of Dunedin, who .appeared for Melville, apparently gave the jury so much' food for thought that it failed to reach an agreement, after a retirement of five hours. • In consequence, Melville, who pleadted not guilty, jto a charge of having supplied' the deceased woman 'with a certain article, which is alleged to have been unlawfully used, will again stand his trial beforo the Supreme Court, m Timaru, at the next session. Referring to the accused's statement, Mr. Hanlon said: "It is perfectly obvious that this statement has been-> written by H the , police . . . ' Melville has been induced into making .. a false statement, which, I would further point out, has also, been- paraphrased by the police. ... I submit that the" police had no right whatever to take a statement from the accused without giving a warning that it ' would be' used against him." Although both Melville and the woman were well-known 'figures m Temuka, their alleged association was kept a secret, and the sudden death of the latter, followed by the arrest of I Melville, caused quite a•» sensation m the South ' Canterbury township. It was,, alleged that Ada Heron became friendly with Melville two years A bachelor,, 47 years of age, Melville, it was said, was a frequent caller at the young widow's home. , It was also alleged that he practically lived at the house, going there for all his meals, and that the couple lived together almost aSjinan and wife. t \ ( She was greatly distressed, "it was alleged, because of the consequence of

read;:until I- have had -an 'oppor- ;; \ tuhity of ascertaining the circuni- ' V stances under which it was 'made." '■' : .[^is\y-^piior;.^^r.- : '/Justice lyikiaiaai agreed that the statement should be N withheld m the meantime. , -j j Mr. Etanlon then; proceeded to crossexamine the; constable, subjecting- him to a rapid, fire of questions. . ' ;. < -'Counsel:,' Where did you meet' , the accused on. /the day. of Mrs :' Hefpn's death?; '— //;;■>;■■ '"^i " ;; '':^ "■ l ■ ' "■-"■■ ":"■ Theicbristable: He was m one of his paddpcksj: milking a, cow. „ ■ Did, you; take a ;statement there?— No, it \-frCLB. not convenient.; ' ' ;. . ', "'■• - But you couid have iriteryiewed him. on the-spdt?-— The ;accused ;was m an open , paddock, {and it. was^ too public. ; : ;What ? üboiit- accused's house? Why didn't: : you v go; there ?— -It was more [convenient at the police station. ; .And if he 'had. refused to go,. I: dare say you": would .have vtaken v him byi lorce^-- No',\ we .'had no authority ;tb • dp^, bo. ;,;■• • : . : ]■.':■ ■;■'.■; ■•'■"' :..-•■■,, " ' :^'-- - :-".••- --//Did the accused ; make ' a voluntary." statement?'— -Yes. : ."■ ■'• '..■: -;-;o • < •■■'.. ':' . '■'•■ - ; . /'■. l ■;. Gourisel : I understand that you, ob-r -tamed r your information from the doctor? ; -. :: . ■■■•''■>■';;• •>-."■■ ■••'•-•■ ■ • ■•■ '. - : \ The' ■ constable: . Yes, he told : us that the, accused h ad, purchased aft ' article/ 1 : for ■';& certain purpose^;'. The , ac'pused A had, made '■; a : statement; to-, him. ;; ! 'i Wheeling -sudden-. ly,.,Mr. Harilon shot ianpther question at the constable. ■■' ■■'.■'. Xvi ' "Why ; didn't the accused .Syrite tne statement himself ?"; ; .he demanded. -...: "He , sat down to ■ dp , sp/ wrbte^ half a line, and then asked: me to write it," was the reply. :. C o unsel: Tou would s ■■ • swear to "that? :; '■'/■" \\ : -- :: : "-:■.,■ TJie constable: > ■Yes/"" -, •■■.: ."■ :.- ',v.I willputvit to you this way. Did not : the v .detective ,say : "Gro> on; Jack,you'r,e .-,■. av.j b^e i t c r writer- than- me. .You have ,a 'go, at it?"— Nothing like' that was said.

■ Did accused say that he did not know what the article was for?— Yes, he said j Something like that. ' • , • !,•■'; Thatfs '-interesting.'- What was your reply?— -What do you mean? ' : \ r : 1 When you were talking about' the , article,. the accused remarked, that he did not know f or purpose ~ it had been procurfed, arid; did you . hot say: "Go on H 'A man 1 of your age! You must have known! -You're a man of the world?"— So far 'as I remember, Mr. .Hanlon* ' those words' were not used. « ' So you're not quite sure?— r can't say definitely. : -: .■"-■" ; Did. not the accused at first give; you ■Kjs age as 37?— Yes, but he altered It to. At' later. .-."' .-.-•'' -;:''":-•■ O "..- ■ '■"■• "'.-. 'Counsel: And that went '".to show that he was agitated?, , . v ( 1 The constable: -I: don't agree with you... .!'.>:'/■'■ -.■.:■. .-■ '■"' : -:--i : '. J : '■• ':".- '""'■ ■ i-What, ;remark was. passed, irhme-i diately the .accused; signed the: statement? — I don't follow you. i ■ ' I, would suggest, that you said to the accused: '"Now you. will have to go 'inside." Was that not so ?^I never ■■■'■- ' •'•• "■'•■•: v; made that remark.'' ' I , see. It must have; ; been , the detective? ~- I couldn't say".;'' VV-' y ■■■'.:"■■ . Wh en t\\ c con - stable' had down ,f ro'tnr'the.'bpx, Mr.': ..Hanjon,v ad- , dressing his JHjbhar, contended . -C triat a % statement under : such ;clrcuni- - stances was not, ad-' missible; as ■ V dence for the prosecutibnv '-.;," \ ; "It. is quite evi(fleriti" -he ' ; said\; "that the statement was written : by the police. 7 ,' It is obyi-' ous that the -wording.'of a portion of th.c' statements ;!is that of; p'piiceV offl-; cers, . hot of an il-' literate man., .',. . . Melville has-, been induced into making. . a false state- . ment.V ' . „ ',:, Mr. Hahlon allegT ed that .the accused' had be.en 'prompted by the police. Hisj

statement had been paraphrased by the p.olice,, and, therefore, it was not a true statement, The man's age had been given wrongly, said counsel; which was an. indication of the agitated state of his mind. In the presence of Dr. ,McInnes, the accused had rummaged among some- clothes m a drawer befoie producing the article, and yet m his statement the accused v/as made to say that he had obtained it from a box. It was certainly most difficult to fol-* low the methods of ,ihe' police when obtaining . the statement. The Crown Prosecutor said that it was the duty of the police to make inquiries. In this case, he said, the accused had volunteered a statement, and this had , been taken down m the usual way. The accused had come to the station to r m^ake a voluntary statement. Mr. Hanlon: It's nonsense to sa,y that the accused came voluntarily to the police station. These men always come ''voluntarily," but they never get away voluntarily, though. In reply to Mr. Hanloii, the judge said that no doubt the /jury would coil-, aider all the circumstances of the case. At ,the request of the; (Crown Prose,cutor, donstuble Soutjhwbrth handed m the following statement, which bore the signature ot the accused: — "I knew the deceased, Ada Heron. I have been a neignbor for tne past eight 1 year's, and for the last two years I have had my meals at her house. "About 'two months ago, she came' to me "and said tnat she was m a certain Sne übked me to procure something foi\ her. She blamed me for her condition. "I ibought an article from Hancock's, the chemist, m Temuka, and gave it to her the same day. Tnis would be about two months ago. The