HAMILTON TRAGEDY

Rotorua Morning Post, Volume 1, Issue 63, 5 November 1931, Page 3

HAMILTON TRAGEDY

MURPER ALLEGED ACCUSED MAN'S PATHETIC STATEMENT TO POLICE EVIDENCE IN COURT HAMILTON, Wednesday. Details of the domestic tragedy which occurred at a residence, 23 Liverpool Street, Hamilton, just before midnight on Saturday, October 3, were heard in the HamiitonJSSfgistrate's Court, today, before Mr. Wyvern Wilson, S.M., when Arthur Walter Smith aged 50 years, painter, was charged with the wilful murder of his wife, Lois Alexandra Smith aged 29 years. The public interest shown in the case was levident by the crowded court. Nineteen witnesses were subpoenaed to give evidence. Gruesome exhibits were the clothing- worn by Sniith and his wife on the night of the tragedy, the pocket-knife with which the crime was allegedly committed, and a series of photographs of the scene taken by Police Con stahle Naylor, Mr- H. T. Gillies (Crown Solicitor) led the evidence for the Crown. Prisoner was represented by Mr. C. H. Weston, of Auckland formerly Crown Solicitor at New Plymouth. Smith appeared in Court with his throat bandaged and while still pale seemed much stronger and in better health than when first charged,' eight days ago. Prisoner walked to the doclc without assistance, but slowly and with apparent difficulty. On the ap- . plication of his solicitor, he was permitted to sit in the dock. The first witness was Dr. A. G. Waddell, who stated that shortly before midnight on October 3, he was called to thq telephone hy a girl giving her name as Phyllis Smith. She asked himt to hurry to 23 Liverpool Stfeet as her father was spitting blood. Witness went immediately to the house. His • pyfamas were covered ,with blood and he was wiping blood from his hands with a handkerchief. Witness then noticed Mrs Smith lying on her side on the floor dead. Crown Solicitor: Did Smith say anything to you? Witness asked the Magistrate's ruling as to whether he was required to state what Smith told him in view of the fact that he attended Smith. in a professional capacity. The Magistrate: I think you miust* tell us what Smith told you if he made a statement. Witness said Smith put out his hand in the direction of his wife and muttered, "She's all right, she's all right." Smith was bleeding from the throat I and was spitting blood. He took 1 him into the kitchen and bandaged I h's wound. He also directed Phillis ' to ring for the amhulance and the ' police. i i Witness said he then returned to ; the bedroom. There was a baby cry- , ing in a cot near the accused's bed. I Witness had the baby removed. -j Doctor Questioned Witness again attended to Smith, ; and while he was doing so Smith said | he saw his wife meet another man : and go off with him in a bus. * The Crown Solicitor: Did he say on ; what night he had seen his wife meet i another man? ! j I cannot be certain, but I think he j said that night. i The Crown Solicitor: Did he mention the name of the man whom his wife was supposed to have met? — Yes. In company with Constable Fraser who had by this time arrived, witness made an examanation of Mrs Smith. He described the wounds in her throat and the bloodstains about the room. On top of the dressing table witness found a blood-stained jack-knife. As witness assisted Smith out to the amhulance prisoner remarked "She went too far; she went too far." Constable E. D. Fraser, the "first police officer to arrive- on the scene, said that on entering the kitchenette he found Smith sitting on a low stool There were no signs of drink; on him and he appeared to he quite cairn. Contents of Letter Witness sa;d he searched the poekets of a pair of grey trousers lying on the fioor of the room, and found thereip a letter and a will signed by Smith. The letter was dated October 3 and read: — "I saw Lois . meet a man at 8 o'clock to-night. They got into a bus. The man comes from Te Kuiti and they went off to a party. She came home at ten to eleven. I asked her if she had had super and she snapped cruelly at me and) said 'No.' I asked. her if she would like some supper and she never answered, but .went on'reading the "Waikato Times." I made some fresh tea, but she went on readhig and never said a word •to me. It was hard after all the sacrifiees I have made for her." In the will, which was legally phrased, Smith bequeathed all his possessions to his spinster sister in Christchurch, to he held in trust for his children. The will was dated October 3, and while signed by Smith was not witnessed. In the pocket of a coat witness found Smith's diary in which were a number of entries relating to his wife. When witness charged Smith with murder at the Waikato Hospital, later, he made no answer. That morning in Court, prisoner handed to witness a statement. This, with the extracts from the diary and certain letters written hy Smith were handed to the Magistrate, but were not read. Statement hy Accused. The statement handed to, the constable was a very lengthy one and

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-* (Continued) Ymst dramatic. It first set out the Setails of His life sinee he came 'to Hamilton in 19*12. He stated that he had been married twice before and that both marriages were quite happy. He refers to his alliajice with* Miss Burrow and his subsequent marriage to her. His wife, he said, had an ungovernable temper and used to tear her hair, bite her aria, call him foul names and lead him a terrible life. He then, refers to his wife's fondness for gqing out at night against his wishes. Referring to the fatal night he says he watched his wife from cover leave the house and meet a man and board a bqs with him. He later called* at the 'house of his father-in-law, Mr. Walter Burrow, who asked, "What, more trouble ? " and said he could not do anything. He (Smith), then said, "All right, Walter," and then when home. He then detailed his movements until hi^ wife returned at 10.50 p.m. He started, he said, to write a letter to his sister, but could not settle to it. He then bethought hihi to write a will as his former one y:as obsolete. When his wife entere;d • he asked her if she had had a^iy supper and she snapped "No." He made some tea but his wife sat for 20 ininutes without speaking to him. She then went to bed. He wound up the cloQk and later went to join her, but she had moved over to the extreme side qf the bed and her attitude betokened that she did not want him. "Always Played the Game" "But," continued the statement, "I felt no bitterness even then. I knew I had always played the game with her and* could not" help the way things turned out . I had tried at all times to put the thoughts of her misconduct from my mind, 1 thought her love for her babies was too strong to allow her to do such a thing. I got undressed as was my custom and went rouh.d to have a look at the baby. Then X got into bed and to put th'e candle out X' had to lean over my wife.' As I leaned over her I looked, into her face. She was sound as/eep, and an awfuL feeling came over me, which was irresistible. I slipped off the bed to the floor, took the jack knife out of my trousers pocket and got hack on to the bed again. I looked at her face once more and then struck the knife into her throat. The feeling was terrible. She gasped, looked at* me for a moment, jumped out of bed, and called for Phyllis. I slipped "off the bed and ran round to try and stop her from falling, but was too late. I touched her but she collapsed on the floor by the end of the bed. Then I had an awful feeling of remorse. I stood for a mioment, feeling as weak as possible, looking at my baby's mother lying there. I then stuck the knife into my own throat, but was too weak to cut far. I seemed to come to myself then, laid the knife on the table and called ont for Phyllis. "It Was Not Murder" When the doctor came I told him I had killed my wife, but oh, God, it was not murder. At no time had I ever thought of doing harm to my wife. I got on to that bed after undressing with absolutely no other thought in my mind than of going to sleep as I felt utterly worn out in body and mind. The struggle for existence was gettnig harder every day and the worry of it was cruel. I had always; tried to do my best for my wife and children. I have helped her at every opportunity with the children both day and night. I have stayed at home night after m'ght to let hergo out to pictures and have never murmured and have always tried to make her life as happy as possible. I have spent very little on myself, I could not do more than I did and it was heartbreaking at times to see that all my efforts seemed in vain. A separation order seemed the only course left and I would have been quite willing to arrange for one as it seemed impossible for me to make her happy." Walter E. Burrow, undertaker, said deceased was his youngest daughter. He ' described what happened when accused called upon him on the night of the tragedy. Witness refused to discuss Smith's relationss with his wife and Smith said "Right oh. Good night." He gave no indication of an intention to do his wife an injury. Evidence By Solicitor Frederick A. de la Mare, solicitor, saifl he had known Smith for upwards " of 40 years. They were boys together at Sydenham, Christchurch. On the day before the tragedy Smith called on him over a businesss matter and in answer to a question by witness as to how he was getting on, Smith stated that he had earned only 25s in a fortnight and that he was wojidering what to sell to buy some food. He stated that while working in North Auckland he had earned very good money, that he had sent his wife £3 12s a week and had also paid up the rent. YThen he returned he found that some of the household aecounts had been paid and that some had not. He also said he was very much disturbed at the way in which the. Money had been spent. He said it had come to his knowledge that his wife had been to a party and he had ascertained that she had supplied money for some of the alcohol that had been consumed. He said he had made enquiries from people whq' had been to the party and had learned that there was drunkenness there. He said he had asked some people who were at the party and that they had stated there was nothing wrong. Smith said he had been 'told that his wife had a "meet" on with a man and that he was going to watch to see what happened. "Witness said they had a general conyersation, and Smith seemed distressed to the last degree as to what was ' to ibecome of his children. Sniith was very depressed and upset. To witness he seemed morbidWifnes^ did not quite undqrstand him speakipg yith alfection of his wife when he knew what he did about her. Witness testified to ' accused's good character. . \ A*'1*- ^ Smitlj was commitfed fpr trial.