TO BE TRIED

Ashburton Guardian, Volume 59, Issue 14, 27 October 1938, Page 3

TO BE TRIED

MAN ACCUSED OF MURDER. DEATH OF NAPIER WOMAN. (Per Press Association.) NAPIER, October 26. The hearing of a charge of murdr.i against Colin Herbert Hercock, aged 21, a grocer’s assistant, of Waipawa, began in the Napier Magistiate * Court to-dav. Hercock is charged with the murder of Mrs Isohel Annie Aves on Sunday, October 2. Ho is also charged with, attempted murder. Mr J. M. Miller, S.M., presided. The police case was conducted by Air H. B. Lush, Crown Prosecutor, and Mr C. O. E. Harker, Waipawa, represented ibe accused. Ida Scott, a married woman, a hotel worker, said she knew Airs Aves very well.' Witness was at Mrs Aves’ house on Saturday and Sunday nights, October 1 and 2. She went to bed about 9.30 p.m. on Sunday, sleeping on the porch. The foot of her bed was two or three feet from the front door. Later she awakened and heard Mrs Aves taming. Mrs Aves went to the front door, and soon after she opened it witness heard a report. It sounded like the report of a firearm. Airs Aves said. “He’s shot me.” She did not say who it was. Buddicomb caught Mrs Aves, and dragged her into her own room. Witness did not see who fired the shot. Joan Josephine Percy, a single woman, who before the death of Airs Aves bad been living at her house, said that) on September 29 a young gul rived and remained until the following Saturday. Witness went to bed early on Sunday evening. Later she heanl an Alsatian bark, and then screams. She rushed into the sitting room, where she saw Mrs Aves come into the room holding her side. . Dr. A. J. Berry said that a little before 11.40 p.m. on the Sunday he received a message that Airs Aves had been shot at Westshore. He arrived at the house less than ten minutes later, and did not pass a car on his way to the house. When he arrived at the house Mrs Aves was sitting in a cb.i r in the sitting-room. He identified the nightdress, and dressing gown produced as those Mrs Aves had been wearing at the time. ' Dr. Berry said he found a snm.i wound below a right rib mat gin. Blood had stained her nightdress, and :t was still wet. Her pulse was quite good, but rapid. Dr. Berry said he then male arrangements for Airs Aves to go to ’mspit?l, and he had also telephoned +be police. On arrival at the hospital Airs Aves was conscious; but hei gencia c.•motion was worse as the result of of haemorrhage and shock. After a bloo j transfusion and X-ray, he operated on Mrs Aves. He described her injuries. “I don’t think Airs Aves fully iegained consciousness after the operation,” Dr. Berry said. “Death was due to shock and haemorrhage from the injuries caused by gunshot wounds. I consider the bullet entered on the left, passed across the abdomen, and left below the right rib margin.

If the person who fired the shot was standing about two feet below the level of the floor of the house, that would account for the direction in which the bullet travelled. It was an upward wound. Visit to Police Station. "About 12.30 a.in. on October 2 1 was using the telephone in my office at the police station in Napier,” said Senior-Sergeant W. Pender, in evidence. "I heard a knock at the door and when I opened it I found Hercockstanding outside. I asked him what ho wanted. Ho replied: ‘Don are looking for me.’ I. told him I. was not looking for him; but asked him who ho was. He replied: ‘Just a bloke.’” iSenior-Sergeant Pender said he again asked, Hercock what he wanted, and Hercock asked if the senior-ser-geant wanted him. "I said: ‘I don’t want you.’ ” said witness. "He replied ‘All right.’ He then walked away towards the front door of the station, and I told Constable Harding who was in charge of of the watch-house, to go after him, and see what he wanted. A minute or two later I saw Hercock in the watch-house. I asked him what his trouble was. He replied: ‘Ring 1544 and they will tell you.’ I said: ‘Who is at 1544?’ He replied: ‘I don t know, and they will tell you. "Just then the telephone rang,” the senior sergeant said. "I received certain information from Hr. Berry. 1 said to Hercock: ‘What did you shoot Mrs Aves with?’ He replied: ‘I did not shoot her. I only frightened her.’ ” Witness sakl that ho searched Hercock for firearms; but did not find any om him. IT© also searched Hercock s motor-car, which was outside; but again did not find anything. Cartridges Found. Evidence of a search carried out at Dlrs Aves’s house was given by Detective H. E. Canipin. Detective Camp in said that while searching the shingle and shell path in front of the house on the morning of October 3, he had found a .22 calibre live cartridge, which bore a striker mark, it was lying on the path, 10 inches out from the bottom step by the front no or, anu appeared to have been there for omy a, short time. He had also found the ease of a .22 calibre cartridge, lying on the path, Avhicli had apparently not boon there for long. Later he had seen Sergeant W. O’Donnell find a .22 calibre bullet on the path. Gregory C. Kelly, arms advisory officer of Wellington, gave technical information concerning tests carried out. on the rifle, and other exhibits ot the police. "1 am of opinion that the fatal shell was discharged Worn the rifle, produced and, that the misfired shell ivas struck by the pin of the same rifle, and could not. ha%-e been struck by the pin of any oilier rifle,” he said.

Detective-Sergeant H. Nuttnll read a statement by accused. Hercock had been advised by Dir Harker to show the police where he had thrown the rifle, the detective sergeant said. This Hercock had done. This concluded the evidence of the police, and when Dir Harker said that he did not intend to pres? it any evi-

denee, the Magistrate committed Hercock for trial -t til© ne.-.t Supine Court session. The charge of attempted murder was dismissed. . The verdict at the inquest, wlncli ivas hold concurrently, was as follows: “That I sob el Annie Aves died at the Napier Hospital on October 3, 1938. the cause of death being shock and haemorrhage, due to wounds in the abdomen caused by a rifle tired »> Colin Herbert Hercock.”