MURDER TRIAL.

Taranaki Daily News, 9 February 1921, Page 5

MURDER TRIAL.

THE TIMARU TRAGEDY. ' MATTHEWS IN SUPREME COURT. THE CROWN’S CASE. By Telegraph.—Press Association. Christchurch, Last Night. ) At the Supreme Court, before Mr. Justice Herdman, Reginald Matthews, alias E. Irving, was charged with the murder of Clarence Edward Wagstflffe, at Timaru, on October 27 last. Mr. A. T. Donnelly conducted the case for the Crown, and Mr. C. S. Thomas appeared for prisoner, who pleaded not guilty. Mr. Donnelly, in outlining the facts, said that Clarence Edward Wagstaff was 19 years of age and resided with his parents at Seaview Road, Timaru. On the night of the murder the deceased Wagstaff amj a youth named Knapp had been to the pictures. They returned about 11 p.m. and went to sleep in a summer house close to the dwelling house. Their attention was attracted by a prowler in the garden and they gave chase to this individual, who turned and fired three shots, one of them killing Wagstaff. The evidence that would be led could be classified under the four headings: (l)__The movements of the prisoner between October 5 and 27 prior to the commission of the offence; (2) the commissioti of the offence itself; (3) the movements of the prisoner subsequent to the murder and up to the time of his arrest: (4) certain real and documentary evidence intended to connect the prisoner with the crime RESISTED ARREST.

Mr. Donnelly produced photographs of the scene of the crime. On the scone of the /murder three empty cartridge eases had been found, which it would be shown had been fired by the murderer. In addition there was a parcels post counterfoil with the address; “Mrs. C. Hall, White House, Taihape, North Island.” Mrs. Hall was prisoner’s mother. There were two impressions by a rubber stamp on the back of tliis counterfoil which read, “Young Brown, bantam and. featherweight champion of California, 1917,” and also, “Young Brown, retired bantam and featherweight champion of California, 1917-18, born Invercargill, New’Zealand.” When the accused was arrested he resisted the police, wounding a constable. His revolver was of a calibre similar to that which was used to shoot Wagstaff, and the cartridge cases corresponded with those found in Wagstaff’s garden. Impressions by a rubber >.’tamp similar to those found on' the backs of the counterfoils were found on the accused, and in his belongings a rubber stamp outfit was found and also some alleged to have been taken from an unoccupied house in the neighborhood of Wagstaff’s, where the accused was claimed to have resjded without permission from the owner. In this house were found several rubber stamp impressions identical in their wording with those described. Experiments by a gunsmith showed that the automatic revolver taken from the prisoner made the same impression on cartridges as those found near the scene of the murder. movements of the prisoner had been traced to within three hours of the commission of the crime.

ACCUSED’S MOVEMENTS. Mary Helena Ebng and Madeline Reed, employed by Mrs. Raymond, Park Lane, Timaru. evidence as to being accosted by a man whom they subsequently identified as accused. By h:s actions they did not think he was ‘all there.” Bessie Parr, wife of Robert Parr, of Timaru, said that next door to her house in Elizabeth Street, Timaru, was an old house at which her late fatherinJaw had lived. Since his, death it had been unoccupied, hut the back door was not locked. The premises bore a desei-ted appearance. About 6.50 on October 27 she went into the garden and noticed accused in the house. He was heating some fish in a fire made of paper. She asked him what lie meant by being in the house, and he replied tiiat the town was full up and he was unable to get accommodation. She called her husband and left hihi with the accused.' She identified the accused later at Timaru gaol. Postcards produced were in the handwriting of her brother-in-law.

Robert Parr, husband of the previous witness, gave corroborative evidence. Constable James Smith said that in consequence of complaints about a man accosting women he spoke to accused, who denied having followed up or frightened any women. ’Accused was asked to hear what the women had to say, but he “cleared.” and. disappeared in' an empty section. THE SHOOTING. The actual shooting was described by Clifford Vincent Knapp, clerk, who was with the deceased youth prior to his being shot. He and Mr. Wagstaff senr., he stated, had returned to the Wagstaff home after 10 p.m. on October 27. Witness stayed in the house until after 11 p.m. Clarence Wagstaff and witness slept in a sleeping hut at the rear of the house, right against the boundary fence. When witness went over to the hut in which he slept Clarence Wagstaff was already in bed. Witness commenced to undress, when his attention was attracted by the figure of a man in a crouching attitude about mid-way between the front and rear of the house. There" were three windows fronting on this side of the house, one of them looking out from the bedroom occupied by one of the Misses Wagstaff. The man was moving about, always facing towards the house. When witness saw this man he spoke to Wagstaff, who rose and jmrtially dressed himself. He and witness went out of the hut and moved round in a position to get to the left side of the house, keeping on top of a garden embankment. Deceased then ran down' the side of the house where the man had been seen, and witness ran round the other way, keeping to the path. As be rounded the house he saw the figure of a man appeal' on the embankment, followed by deceased. Witness made an effort to tackle this man, but was pushed to one side, being knocked down. <Jn rising he gave chase to the man, who ran in the direction of the front gate. Deceased was also following closely. The assailant next turned and fired in the direction of his pursuers. He went on a few more paces and fired two shots in quick succession in the direction of witness and Wagstaff. The first bullet whizzed past witness’ head; he felt the wind as it passed. Deceased was apparently hit by one of these bullets, as he staggered and fell. The assailant ran across the centre of the lawn and dumped the fence. Witness follow-

ed through the gate and he could see the fugitive in the middle of the road ahead of him, and he followed him as far as a vacant section in Seaview Terrace. He then returned because he could hear deceased crying out. A doctor and the police arrived about this time. About the position where the second and third shots were fired witness found a postal parcel counterfoil addressed to “Mrs. Hall, Wellington Parcels Office.” On November 3 he went to the Timaru gaol to see if he coulTldentify the man who had committed the crime, and there he had picked out a man who was not the prisoner. THE CASE ADJOURNED. Henry Wagstaff, father of deceased, said that in consequence of noises he heard he went out on to the verandah and saw a man running across the lawn. The man turned round and produced a revolver ami fired, witness thought three times. Witness caught his son in his arms and spoke to him, but received no reply. He then rang for a doctor and the police. Dr Gibson, who attended the injured youth, and who subsequently made a post-mortem examination of the body, said Wagstaff had died of hemorrhage as the result of a gunshot wound. ■ Constable Robert B. Palmer said that about 11 p.m. he was on duty in Stafford Street and was called to Wagstaff’s residence. Clarenee Wagstaff made a short statement, which witness took down. It was as follows: “Clifford woke me up and said someone was trying to get into the house. We chased him and he shot me.” Evidence as to the finding of post office receipts, cartridge cases, and other articles mentioned by the Crown Prosecutor in his address, and also as to the arrest of accused, was given by a number of police officials, and the Court adjourned till to-morrow. I