JUDGE SUMS UP

Wairarapa Times-Age, 26 July 1940, Page 6

JUDGE SUMS UP

WAIKINO MURDER TRIAL COMMENT ON SUBMISSIONS BY COUNSEL. MEDICAL AND OTHER EVIDENCE. (By Telegraph—Press Association.) AUCKLAND, This Day. Summing up in the Waikino murder trial. Mr Justice Fair warned the jury against allowing themselves to be influenced by various aspects of the case. It was necessary for the Crown to establish every fact essential to proving a charge of murder. The same rule applied with respect to the secondary charge of manslaughter. MiHenry, for the accused. Cartman. had said that for the Crown to succeed it had to establish beyond a possibility of doubt that death was due to blows from a tire lever struck by accused; also that it was necessary to show that Mrs Hamilton was alive when she reached Butler's Hill in the car. Both statements seemed to his Honour to be correct. On the other hand, a tire lever that could have inflicted the wounds was found beside the head and was bloodstained. His Honour said Dr Gilmours evidence was supported in-its main points by that of two other medical witnesses on the question that at least two wounds were caused by the tire lever. On all points relating to' outrage the medical witnesses were agreed. Three medical witnesses were agreed that Mrs Hamilton was alive when the blows were struck and it seemed to him that the able cross-examination of counsel for the defence had not shaken them on that point.

Respecting criticism by defence counsel that Dr Gilmour showed bias, his Honour said a number of points which were in favour of the accused were mentioned or agreed to by Dr Gilmour. As to the possibility of the blows being struck by anyone other than the accused, his Honour did not think the jury would have any difficulty in deciding that point, when they had considered the circumstances, the admissions of the accused and the possible motive. (Proceeding). (Earlier proceedings are reported on page 3).