Judge Rebukes Public For Unseemly Laughter At Rusden Murder Trial

Otago Daily Times, Issue 26624, 21 November 1947, Page 6

Judge Rebukes Public For Unseemly Laughter At Rusden Murder Trial

P.A. AUCKLAND, Nov. 20. The principal witness for the Crown, Edward Walter Rix, a driver, aged 32, was examined and cross-examined for nearly five hours during the fourth day of the trial of Mrs Pansy Louise Frances Haskell in the Supreme Court. The accused, who is aged 48, is charged with the murder of Mrs Gladys Ruth Rusden at her home at Horotutu road, One Tree Hill, on June 5. The public galleries of the court were again crowded.

There were several bursts of laughter at Rix’s replies to questions while under cross-examination, and Mr Justice Callan, who presided, remarked that it was a murder trial, and he did not understand why the exchanges should be thought amusing. Apparently they were so, and he asked the senior defence counsel, Mr M. Robinson, if he could consider avoiding them. “ Nevertheless, you must do your duty in cross-examination,” his Honor added to counsel, “ but I do not want a murder trial to drift into something it should not be. I am not blaming you. I am blaming the taste of the public.”

Described by the Crown Prosecutor as one of the central figures in the drama, Edward Walter Rix said he first met the accused at Liberty House about January, 1946, when he used to stay there occasionally. While he was there a watch was stolen and the police were called. The accused told him she had been informed by the police that he had a bad record. At that time he had convictions for attempted suicide, drunkenness, and supplying Natives with liquor. There were some convictions he could* not recall. He saw Mrs Rusden’s husband twice at Liberty House. Mrs Haskell introduced Rusden to him as “ Mr Frost." Mrs Haskell offered him £2OO “ to bump off Mr Frost’s wife,’’ witness continued. He told Mrs Haskell that he would do the job, as it was a good way of getting some money out of her, but he had no intention whatsoeyer of doing it. Rix said that at 1 o’clock one morning in March, 1946, he and Mrs Haskell drove in a car near Rusden’s home. They changed into military clothing He told Mrs Rusden that her husband had been hurt in camp. Rix said he was supposed to hit her with a crank handle, but he did not have one.- He had no intention of taking the crank handle. Rix added that Mrs Rusden got into the car with him and they drove off. The car stalled in the vicinity. Mrs Rusden called out “ Who is that? ” He then caught a glimpse of someone. Mrs Haskell then got into the car with her hand raised as though to hit Mrs Rusden. He knocked Mrs Haskell’s arm out of the way and tried to push Mrs Rusden out of the car. The door opened and Mrs Rusden fell out and screamed. Someone yelled, “Who is there? What is going on? ’’ Mrs Haskell said, “Go like hell.” They drove off and Mrs Haskell said she would never get a golden opportunity like that again. He told her that she was a fool to try to do anything like that in a car. About 4.30 that morning, witness continued, Mrs Haskell came to his room at Liberty House and said he had “made a muck of things.” She took the clothes he had been wearing, saying she was going to burn them. She gave him £lO on the morning of the assault. He thought he had had a £5 note out of her just before. Two days, la ter she offered him £SOO. He told her he would think the matter over. She gave him an odd £1 and £5 note now and again. Period in Gaol The accused told witness that she would get the key to Rusden’s house from Rusden’s pocket. She gave him that key. In August, 1946, he went to gaol for theft and when he came out on November 30 he returned the key. She offered him £3O to do the job, which he said “was a bit low.” Rix said it had been arranged that if Mrs Haskell wanted him she would put an advertisement in the' personal columns of a newspaper. He met her at the ferry buildings in response to an advertisement. Mrs Haskell said that if he did not shut Mrs Rusden’s mouth they would, probably be arrested, as the police were just on the verge of finding out who committed the assault in March. 1946. He wanted to be paid “before the job was done.” Witness said he met Mrs Haskell the next night. She had a few parcels containing blue overalls and an iron bar. She told him to go to Rusden’s home disguised as a painter. He was to take the bar to do the killing. He returned the overalls. Next morning she gave him money to buy white overalls. She gave him a blue felt hat and dark glasses. She suggested that he should wait till Mrs Rusden’s husband went to work and then “let Mrs Rusden have it.” Rix said he did not do the job that morning but pretended to the accused that he had. Morning of the Crime On the morning of the murder he got up at 10 minutes past 7 at his home in Haydn street. He was late because he had “ a hangover.” Realising that he would not get to work by 7.45 a.m. he telephoned to say that he would be late and returned home. He reached work at 8.20 a.m. He delivered firewood till noon and then returned to his place of employment. On the day

of the murder he was never neai Horotutu road where the Rusdens lived. He first heard of it on the following day and then went to the police.

Robinson: What was the cheapest price you promised to murder Mrs Rusden for? Witness: The accused offered £3O. He added that he was not prepared to do it at all, but he told the accused he would. In further cross-examination, Rix denied that he was living with a Mrs Cleary on June 5. They were in the same house, but “not together.” He married Mrs Cleary a couple of days after his evidence in the Magistrate’s Court. He admitted that after his evidence in the Magistrate’s Court a lot of people had suspicions that he had committed the murder. He married within a couple of days of that evidence.

Asked if he knew perfectly well that a wjfe could not be compelled to give evidence against her husband, Rix said he would have no objection. He knew she would be telling the truth. A Lengthy “List" In further cross-examination, Rix admitted that in August last year he was sentenced to concurrent sentences of four months’ imprisonment for theft and a month for false pretences. In January, 1944. he had a month’s imprisonment for selling liquor without a licence. He had been convicted at Pukekohe for disorderly behaviour, indecent language, and supplying liquor to a female Native. A long time ago he had been convicted for attempted suicide, and then for breach of a probation order. Another incident relating to breaking and entering was in “his childhood days.” Questioned by Mr Robinson on whether he thought it was fair to lead on people to get money from them, witness replied that, if people were foolish enough to let money go, who would not take it? Referring to his evidence of enticing Mrs Rusden on the night of March 5, 1946, when she was assaulted, witness said he was going to take her tp her husband or the police, but she had got too excited. He was going to make a clean breast of everything, but had not done so. He had used a crank handle that night only to start the car, and any marks on Mrs Rusden’s throat were not caused by him. At about the time of the assault on Mrs Rusden the accused had lent him £l9 for a firewood business he was running on his own account, and it was quite possible that he signed a receipt. He,subsequently repaid the amount In answer to questions asked by the foreman of the jury at the end of Mr Robinson’s cross-examination, witness said his explanation to the accused for not carrying out the job at the Rusden house, on March 5, 1946, was that he did not have an opportunity.

Mrs Sarah Alice Rix, wife of the previous witness, said she had known Rix about six or seven years. She recalled the accused getting the key from him when they were living, in Kingsland. On June 5 they were living at Hayden street. He got up between 7.30 and 7.45 a.m. After a cup of tea, he rushed up the road. He came back and finally went to work about 8 o’clock. Usually he left earlier.

Cross-examined, witness said Rix may have been late for work once or twice. He said he was going up the road to ring up his boss to say he would be late. They had talked about the £SOO reward, like everyone else. Witness added that Rix may have joked about it, but he did not say he hoped to get it.

Emma Rachael Cleary, aged 19, daughter of the previous witness, said she was living at Hayden street. She left for work between 7.50 a.m. and 7.55 a.m. 'She met Rix coming around the house. Usually by that time he had gone to work. As witness was being cross-exam-ined by Mr Robinson, she swayed forward, and the accused called out. “Look out, she’s fainting.” The girl was caught and supported by the foreman of the jury, and later was assisted from the court by the police matron and Mrs Rix. The hearing was adjourned.