MURDER CHARGE

Ashburton Guardian, Volume 60, Issue 247, 26 July 1940, Page 2

MURDER CHARGE

HEARING OF EVIDENCE ENDS.

ADDRESSES BY COUNSEL. . (Per Press Association’,. AUCKLAND, July 25. The trial of Douglas Herbert Cartma)i was continued in the Supreme Court to-day. Cartman, a mine trucker, aged 22, of Waihi, is charged with tlie murder of Airs Elizabeth Agnes Hamilton, at Waikino. Mr Justice Fair is presiding. The Crown’s evidence was concluded in the afternoon, and the jury was then addressed by Mr Meredith, for the Crown, and Mr Henry, for the accused. His honor will sum up> to-, morrow.

Dr. Edgar Fowler agreed with the previous witness (Dr. Walter Gilmour,' pathologist at the Auckland Hospital) that, apart from the head wounds, Airs Hamilton’s injuries would not have caused death before 24 hours after she was injured. That was subject to the exception that there was a possibility of immediate death from shock.

Replying to Air Henry (who appeared for the accused), the witness agreed that the taking of a woman with such grave bodily injuries for a distance along a road in a car would increase the shock and might hasten death. The severe pain might cause temporary unconsciousness.

Dr. Hetherington, of Waihi, gave evidence that he examined Mrs Hamilton’s body at Butler’s Hill about 2 p.m. on April 3. She was then dead, and a certain amount of rigor mortis had set in, but it was not complete. Ho could not say what time death had occurred. He agreed with former medical witnesses that the head injuries could have been caused by blows with, a tyre lever, and that he could not observe anything about Cartman’s motorcar likely to have caused such a set of wounds as appeared on the woman’s head. Element of Shock, To Air Henry, Dr. Hetherington said that r’n estimating that Airs Hamilton would probably havo survived the body wounds alone for 24 to 48 hours he had not considered the element ol : shock, which might have caused death I to have taken place earlier. The mov- I ing of a patient after an accident in a car some distance might produce secondary shock and liastep the end. The question of consciousness or not at the time would be a mere guess.

To the Crown Prosecutor (Mr V. R. Aleredith): Airs Hamilton’s heart had not stopped beating when she received the head injuries, and she did not die of shock. The character of the head wounds showed that the heart was acting at the time she received them, and the head wounds were the cause of death.

Detective-Sergeant Thompson testified to a second statement mado by Cartman on May 1, which the accused said was the truth. He admitted that on the night of April 2 when driving a car 4 under the influence of drink he knocked down Airs Hamilton and the hoy Moran when they were walking along the road. He did not see them before lie hit them. The woman went under the car when hit. He found them both dead, and put them in the car and drove along the road. After some distance the woman’s body fell out. He put it back and drove further on. He rolled the boy’s body over a bank, and left the woman’s body further along. He could not say why he tool: the woman’s body to a different place -rom where he left the boy. 'The tyre lever shown him was . in the car that night. Addresses to Jury. In his address, Air Meredith said that no one knew exactly what happened when Airs Hamilton and Lloyd Moran were struck, Or whether it was accidental or not.. What was the cause of Airs Hamilton’s death, and who delivered the blow on her head? It would be grotesque to suggest that some person would come along to where the accused had left the body and gratuitously go down off the road, pick up a tyre lever, and 1 knock her head in with a series of blows. The only ; reasonable inference from the known facts was that the injuries were inflicted by accused, with his own tyre lever. If they came to that conclusion, the only question remaining was whether Mrs (Hamilton was living and breathing at the time she was struck, continued Air Meredith. The absolutely unciontradicted evidence of three medical men was that it had been established beyond any doubt that she was living, when she was struck. The facts also compelled the conclusion that she had been outraged. Mr Henry said the statement Cartman gave was true, and remained unchallenged in any vital respect. It was challenged only by means of expert opinion. Proof in every vital issue must be beyond reasonable doubt. After Airs Hamilton had been struck by the ear her chance of recovery was clearly very remote. At that stage therei could* be no question, of murder. Did the Crown evidence satisfy them that Mrs Hamilton was alive when struck on the head at Butler’s Hill? If thiere was any lingering reasonable doubt in their minds about Airs Hamilton being alive at the crucial time, then they must acquit on the charge of murder. If the question of murder was excluded, there remained' tins further question of manslaughter. The road was very difficult at that noint, and misleading. If they had any doubt, they would extend it to the prisoner. Counsel asked the jury to disregard 'all evidence concerning the outrage; on Mrs Hamilton. The Court then adjourned until tomorrow.