MRS AVES’S DEATH

Wairarapa Times-Age, 1 November 1938, Page 6

MRS AVES’S DEATH

MURDER CHARGE AGAINST WAIPAWA MAN .» — OUTLINE OF CROWN CASE VISIT TO VICTIM’S HOUSE (By Telegraph—Press Association.) NAPIER, October 31. The hearing of the charge of murder against Colin Herbert Hercock, Waipawa, aged 21, was begun in the Supreme Court today before the Chief Justice (Sir Michael Myers). Hercock is charged with murdering Mrs Isobel Annie Aves in Westshore, on October 3. Mrs Aves died in the Napier hospital from a rifle bullet wound received at her home, Westshore. When the court adjourned today the hearing of evidence had been completed. Counsel’s addresses will be heard tomorrow morning and the case is expected to be completed today. Mr H. B. Lusk, Crown Prosecutor, conducted the Crown’s case and Mr C. H. Weston, K.C., Wellington, with him Mr C. G. E. Harker,; appeared for accused. In an unfaltering voice Hercock pleaded not guilty. Mr Lusk said it was not necessary in' a case of murder that the Crown should call evidence to show ill feeling or motive but where the Crown could show evidence of that sort it was necessary to produce it. The jury would hear that prisoner and Dorothy Stafford had been keeping company for the last two years. About four months ago she found herself in a certain condition and, although he wanted marriage, she was not favourable to it, and suggested certain treatment. Agreement had been reached, and accused had interviewed Mrs Aves. Counsel went on to detail the arrival of Miss Stafford at Mrs Aves’s house in Westshore and said that while the girl was there she received certain treatment for which accused had paid £2O. When accused took her home she became ill and was removed to hospital. The Crown’s case, said Mr Lusk, was that on the night of October 2 accused, after returning to his home in Waipawa, armed himself with a rifle, borrowed his mother’s car and, after saying good-bye to his mother, left for a destination which they did not know. At Mrs Aves’s house at 11.30 that night all the occupants except a man named Buddicomb were in bed. This man heard a car outside the gate, and then someone approaching the house. He heard someone speak and Mrs Aves got out of bed and asked who it was. She left her bedroom and went to the front door which she opened. Almost immediately there was a report and a scream from the victim. A man was seen by Buddicomb to go to the car and leave. Buddicomb saw only the first and last numbers of the car. On the same evening a constable saw the car pulled up in Bridge Street, Port Ahuriri. He saw a man walking aimlessly about, and when he went to investigate the man got in the car and drove away quickly. The car’s number had been taken by the constable. Later a man arrived at the police station. Among other things he invited the police to ring 1544, which was Mrs Aves’s number, and also said he thought he had shot someone.. Mr Lusk described police discoveries of bullets on the footpath at Mrs Aves’s house. On the Monday a rifle had been found near the breakwater. Referring to, a statement made to the police by accused, Mr Lusk mentioned that at the end of the statement Hercock .had said he had fired the weapon with the object of giving Mrs Aves “the fright of her life.” Evidence which would be brought by the Crown, he suggested, would be such as to justify the jury finding accused guilty of the crime of murder. Evidence was given in support of the Crown’s case on the lines of counsel’s outline. Constable R. H. Moss, Waipawa, said accused was well known to him and he had never known him to bfe quarrelsome. He-was studious and sympathetic to movements for the benefit of his own town. Senior-Sergeant Pender said that when accused came into the police station, he appeared to be either mentally affected or semi-intoxicated, judging by the way he was talking. He did not seem to know what he came to the police station for. There was a marked difference between accused’s demeanour when he arrived at the station and some hours later. Other witnesses gave more or less corroborative evidence as to the accused’s demeanour at that time. ADDRESSES BY COUNSEL I —— NO EVIDENCE CALLED BY DEFENCE INSANITY NOT SUGGESTED NAPIER, This Day. When the trial was resumed this morning, the defence intimated that it was not calling evidence. Mr H. B. Lusk, Crown Prosecutor, addressed the jury. He asserted that accused’s action in making a statement feur hours after the event proved that his memory was good, and that the question of insanity did not enter. It was admitted that Hercock was worried, which was natural. The Chief Justice (Sir M. Myers), interposed that no suggestion was made of insanity and that he would have something to say- to the, jury on the question. For the defence, Mr C. H. Weston did not claim that accused was insane, but asserted that the boy had been greatly worried and had lost his balance, all because of his concern for the safety of the girl.