MURDER CHARGE

Wairarapa Times-Age, 10 May 1938, Page 9

MURDER CHARGE

SWANSON TRAGEDY. TRIAL OF SPENSLEY. (By Telegragh—Press Association). AUCKLAND, ’May 9. A lightly-built youth, aged 19, Francis Borgia Spensley, was charged in the Supreme Court today with the murder at Swanson on February 7 of his father, Robert Fitzroy Spensley. In a clear, firm voice he pleaded not guilty. The trial is being held before Mr Justice Fair and a jury. Mr V. R. Meredith, with him Mr N. I. Smith, is prosecuting and Mr Allan J. Moody is appearing for accused. Mr Meredith outlined the case along similar lines to the Lower Court proceedings. He said that the murdered man was aged 64 and had been three times married. He was a widower at the time of his death. The murder was not brought to light until March 13, when the body was found in a heap of hay alongside the house where he and accused had been living together. Accused was the child of the second marriage. Spensley was last seen alive on February 6or 7. An unopened newspaper of February 8, found in the house, suggested February 7 as the date of death. A married daughter would say that it was her father’s habit, because of asthma, to sleep propped up by pillows. He usually slept in a shirt and undergarments and when the body was found it was clad in shirt, underpants and socks. Mr Meredith added that evidence would be called to show that accused went to stop at a neighbour’s place a day or two after February 7, taking with him clothing, blankets, a gun, pea rifle, and rifle cartridges. He said his father had gone aiyay prospecting for gold at Waihi and would be away for about 14 days. Some days later accused stopped milking the cows on his father’s farm, stating that they had gone dry. Evidence would also show that he sold the cows and received money for them. When the body' was found by a neighbour’s sons it was sewn up in a blanket and a sheet. Mrs Pender, the deceased’s daughter, called at the house on March 12 and found an upper set of false teeth under the pillow in her father’s bed, but the blankets and sheets were missing, She took accused home to her place at Auckland.

When the body was found the upper set of teeth was missing. While Constable Naughton was awaiting the arrival of detectives, the evidence would show, Mrs Pender, with her husband, brother-in-law, and accused, drove up. Constable Naughton would give evidence that he then took accused aside and asked “Where is your father?” Accused was silent a while, then said, “I will tell you the truth. We had a row and I shot him with a rifle.” On tjie advice of a relative he said no more. '

Mrs Eelina Winslow, widow, Swanson, said accused was a friend of her sons and came to sleep in a tent with some of them about the first week in February. Later he brought the guns with him and brought a motor-car. She saw him signing a cheque and he said his father had told him to do so. She insisted on accused taking away the guns he had brought, and she afterward found .22 calibre cartridges in the washhouse.

In answer Moody witness said accused had two fingers bruised when he came to her. He was quite a good worker on the farm. He was very nervous and seemed to be afraid of things. He used to sit and mope a lot and did not have too happy a time on the farm. Mr Moody: “Would you say he appeared to be a neglected boy?

Witness: I should think so. After other evidence had been heard the case was adjourned till tomorrow.