SON ON TRIAL

Waikato Times, Volume 122, Issue 20493, 9 May 1938, Page 8

SON ON TRIAL

CHARGE OF MURDER body found under hay YOUTH PLEADS NOT GUILTY (By Telegraph.—rress Association) AUCKLAND, Monday A lightly-built youth of 19, Francis Borgia Spensley, stood in the dock in the Supreme Court to-day charged with murder at Swanson on February 7 of his father, Robert Fitzroy Spensley. In a clear, firm voice he pleaded not guilty. The trial was before Mr Justice Fair and a Jury. Mr V. R. Meredith was prosecuting and with him was Mr N. I. Smith. Mr Allan J. Moody is defending. Mr Meredith outlined the case on similar lines to the Lower Court proceedings. He said the murdered man, aged 64, had been three times married and was a widower at 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 the accused had been living together. Accused was a child of the second marriage and was found in the house. He suggested February 7 as the date of death. A married daughter would say it was her father’s habit on account 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 a shirt, underpants and socks. Movements of Accused Mr Meredith added that evidence would be led 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 rifie cartridges. He said his father had gone away prospecting for gold at YVaihi and would be absent about fourteen days. Some days later accused stopped milking the cows on his father’s farm, stating that they had gone dry. The evidence would also show that he sold the cows and received money for them. When the body was found by the neighbour’s sons it was sewn up in a blanket and sheet and tied round with sacks. Mrs Pender, deceased’s daughter, called at the house on March 12 and found an upper set of false teeth under the pillow of her father’s bed hut the blankets and sheet were missing. She took accused home to her place in Auckland. Alleged Remark to Constable 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 that Mrs Pender, with her husband and brother-in-law and accused, drove up. Constable Naughton would give evidence that he then took the accused aside and asked: “Where is your father?” Accused was silent awhile and then said: “I will tell you the truth. We had a row and I shot him with a rifle.” On the advice of a relative he said no more.

The evidence would show that there were two holes in the skull directly between the eyes about three-quarters of an inch apart. Mrs Selina Winslow gave evidence that accused was a friend of her three sons and came to stop at her place early in February, spending money freely.

Cross-examined, witness said accused appeared to be a neglected sort of boy and would have lived a lonely life but for acquaintance with her sons. (Proceeding).