MURDER CHARGE

Ashburton Guardian, Volume 59, Issue 18, 1 November 1938, Page 6

MURDER CHARGE

THE DEATH OF MRS AVES. ADDRESSES BY COUNSEL. SUMMING-UP BY THE JUDGE. F (Per Press Association.) NAPIER, This Day. The hearing of a charge of murder against Colin Herbert Hercock, aged 21, grocer’s assistant, of Waipawa, was continued in the Supreme Court to-day. Hercock is charged with the murder of Mrs Tsobel Annie Av.es on Sunday, October 2. v The Chief Justice (Sir Michael Myers’ is presiding. Counsel for the defence intimated that he would not call evidence.

Mr Lusk (Crown Prosecutor) addressed the Jury. He asserted that accused’s action in making a-statement four 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.

His Honor interposed that no suggestion had been made of insanity, and he would have something to say to the Jury on the question.

For the defence, Mr Weston did not claim that accused was insane, but asserted that the boy had been greatly worried, and lost his balance all because of his concern for the safety of the girl. The Judge said that accused went to the house with a loaded rifle, which he fired, thus committing an unlawful act, and the woman was killed. That was culpable homicide. If that was so, then accused was at least guilty of manslaughter. The question of accident was ruled out by accused’s statement. The question was, did accused intend to kill Mrs Aves? If the Jury had a doubt it should not find a verdict of murder, but of manslaughter. The Jury retired at 12.10 p.m.