DEATH SENTENCE

Ashburton Guardian, Volume 60, Issue 248, 27 July 1940, Page 2

DEATH SENTENCE

THE TRAGEDY AT WAIKINO.

CARTMAN FOUND GUILTY. (Per Press Association). AUCKLAND, July 26. Douglas Herbert Cartman was found guilty of murder by a jury at the Supreme Court to-day. Cartman, a miner, of Waihi, aged 22, was charged that at Wlaikino on April 2, he murdered Mrs Elizabeth Agnes Hamilton. The jury returned its verdict just after 3 p.m., after a retirement of 3-J hours. Asked the usual question, ’whether he had anything to say why sentence of death should not be passed upon him, Cartman did not reply. Assuming tho black cap, his Honor Mr Justice Fair then pronounced sentence of death upon accused. After the prisoner, showing no sign of emotion, had been led away, his Honor thanked the jury for the care they had given the case, and excused them from further jury service until after the end of next year. He added that he was in agreement with the jury "in the belief that the evidence conclusively justified the verdict arrived at. Appreciation of the excellent work done by the police in their investigation of the crime, and of the complete and thorough manner in which the case had been presented to the jury, was also expressed by his Honor. He added his thanks to counsel. for their capable conduct of both the prosecution and the defence. Judge’s Summing-up-. In dus summing-up, Mr Justice Fair said it was necessary for the Crown to establish every fact essential to proving the charge of murder. The same rule applied in respect to the secondary charge of manslaughter. Mr Henry, for the accused, had said that' for the Crown to succeed, it had to establish beyond the possibility of doubt that death was due to blows struck by the accused with a tyre lever, also that it was necessary to show that Mrs Hamilton was alive; when she reached Butlers Hill in a car. Both statements seemed to his Honor to be correct. On the other hand, the tyre lever that could have inflicted the wounds was found beside the head and wms bloodstained. His Honour said Dr. Gilmour’s evidence was supported, in the main points, by the other tw r o medical witnesses on the, question that at least two wounds were caused by the tyre lever. O'n all points relating to outrage, the medical witnesses v r ere 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 tlie defence had not shaken them on that point. Respecting criticism by counsel for the defence that Dr. Gilmour showed bias, his Honour said a number of points wilich 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 and the admissions of the accused, and the possible motive.

Finally, his Honour instructed the jury on the legal requirements for a verdict of murder, • that the person charged did what he did when in a state of mind to know what he was doing. In this case, the evidence showed that the accused wms aware of the nature oi his acts. If the jury did not find the accused guilty on the main charge, they were entitled to bring in, if they thought the evidence justified it, a verdict of manslaughter by holding him guilty, through negligent driving, of the deaths of Mrs Hamilton and the boy Moran.