Father Not Guilty of Murdering Son

Sun (Auckland), Volume I, Issue 297, 7 March 1928, Page 2

Father Not Guilty of Murdering Son

TRAGEDY OF DESPAIR CHILD DIED FROM SHOCK Press Association. CHRISTCHURCH, Tuesday. On the charge of murdering his son, John Duncan, farmer, of Courtenay, whose house and oatsheaf stacks were burned on February 6, appeared in the Magistrate’s Court to-day. MR C. S. THOMAS appeared for accused, and Mr. A. T- Eonnel’y conducted the case for the Crown. Duncan, a short, thick-set msn, was given a chair in the dock. Evidence was given that accused had a hasty temper but soon recovered himself after an incident. He seemed excited on February 6. and on his return from the court at Christchurch, where his wife had been granted a separation and maintenance, he told his men to stop work and paid all his hands off. He had his child with him. but told the men he would have to give the child up in the morning. He informed the housekeeper that she would have to go as there would be no one in the house that night. CAME FOR CHILD William S. Pattison, who accompanied the accused’s sister-in-law when she went to get the child from Duncan in the afternoon, said that when he asked for the child accused said: "Yoli were responsible for her first husband’s death and will be responsible for mine and my child’s in the morning.” Accused used very bad language to them. Eventually they went to Kir wee and, returning about 6.45 p.m., found the house, the stacks and the stooks all on fire- There was no sign of Duncan or the child. George Seaton, farmer, said he saw Duncan’s house afire and Duncan driving down the paddock with his child in a gig. Later he saw the horse and gig going along the road at a gallop. There was no one in the gig. Accused had told witness that if his wife got all she was ask.ng for in the maintenance case he would walk off the place. Robert Henderson, farmer, said he found the body of the baby at 0 p.m. in a water-race, in about ±2 or 3 4 inches of water. SUSCEPTIBLE TO SHOCK Dr. A. B. Pearson, pathologist, said a post-mortem examination revealed that the child was in a state that would have rendered it very susceptible to shock and liable to sudden death under anaesthetics or under any strain. It would be liable to die under any sudden fright, such as might be caused by seeing the place burning. Mr. Thomas: Was there any water in the lungs? Witness: No. Mr. Thomas: There was no trace of drowning?—No. Witness added that a child in this state might become unconscious, vomit and inhale and die from the effects. Felix John Theodore Grigg, Government analyst, said he examined the contents of the stomach of the dead child. He did not detect the presence of poison or any other suspicious subConstable Douglas Johns, of Darfield, said he searched for accused but found no trace of him on tlie farm. He found Duncan at 5.20 p.m.. watching the fire. His clothing was wet. There was a cut on his arm. Witness asked where the child was and accused replied, “I do not know. They took him away this afternoon.” "SUPPOSE: I WILL HANG” Detective Thomas said that when Detective-Sergeant Young charged accused with murder, accused replied: “I did not murder him, but I suppose I will be hanged for it. There is nothing to live for now. A man tries to live respectably and this is what happens” In the course of a statement to De-tective-Sergeant Young on the day following the affair, Duncan had said that his married life was unhappy, and on December 10 his wife had left home taking her child by a previous marriage with her. The statement outlined the court case, in which maintenance was fixed at £ 2 a week, and Duncan’s subsequent arrival home. He told his men he would have to discharge them as he had no money. When his wife and her sister arrived in a car with two men, he did not remember what he said. “I do r»ot remember anything else.” the statement concluded, ‘until I awoke in the hospital strapped down. I did not know the house and stacks on my farm had been burned down. I do not remember settingufire io them myself, and I do not remember how I got the. cut on my left arm, nor do I remember how I got wet.” The magistrate returned a formal verdict that death was due to asphyxia following the inhalation of food into the bronchial tubes. “I submit, your Worship,” said Mr. Thomas, “that the prosecution has failed to prove a prima facie case against the accused. On consideration of the report of the post-mortem examination, all question as to murder has been absolutely dispelled.” The magistrate said he could see no possible reason why accused should be committed to the Supreme Court. There were no signs of drowning, no signs of violence, and no signs that the child had been mishandled in any way. Accused was discharged.

WITHIN WIRELESS RANGE— The following vessels are be within range of the undermern? ’ wireless stations to-night:— U, -Qtj Auckland: Tofua. Hinemoa. King v-j Flohunga, Wakaknra, <>mana 1 Hankow. AVaiotapu, YVaitemata. v. 'l poi, Roma. Chatham Islands: Hertford, Canadian Highlander, lkalu. * Wellington: Wahine, Maori. Xgaio a hura. Tamahine, Argyllshire Port Bowen, Ashburton. ’ Aorangi, Mataroa, Mahana, CaTsh^P c ’i Matatua. Westmoreland, Anglo Uol^‘ Awarua: Mr.kura, Plume. Tahit <B*, C. Ross. C. A. Larsen. X. T Alonso, Tutanekai. Kaikorai, MaSS? PORT OF ONEHUNGA—DEPARTURES YESTERDAY ISABELLA PE FRAIXE «U 5 110 tons. Texiera. for Hokianga. P S ARRIVALS TO-DAY NGAPUHI (7 35 a m ). 703 tons. from New Plymouth. The Anchor Company’s steamer a\. ander is duo at Onehunga next "Wedn*" day from Nelson and load* there son and Picton. W The Arapawa is leaving Onehunaa 4 p.m. to-day for Raglan, KawhiA ,2 Port Waikato and is due back “ Saturday. at °*t The Hauturu is to sail from at 3 p.m. on Friday for due back next Sunday. u 11 The Ngapuhi leaves Onehunga at 4 n to-morrow for New Plymouth and retjrJ* next Saturday morning. The Isabella is due at Onehunr? Friday from Hokianga and sails on SatnV* day on her return trip.