ALLEGED MURDER.

Auckland Star, Volume LV, Issue 211, 5 September 1924, Page 7

ALLEGED MURDER.

FRANKLIN ROAD TRAGEDY.

fttERS BEFORE POLICE COURT

jjgSTAL CONDITION OF ACCUSED.

The trial of Harry Joseph Peters, --lias Keogh (43), charged with the murder of Desmond Collins Peters oa August 5, took place at the Police Court this morning before Mr. J. W. Poynton, AM. ! __x. Paterson prosecuted, and Mr. j jjouati appeared for prisoner. j peters seemed more settled and cornnosed than when he previously appeared | fi Court. This morning he was allowed to si* a * *^ c s^e r " Mouatt in the | jolicitors' benches. ! Mr. Mouatt announced that he had i withdrawn his application for a coroner's j jarv made to the Attorney-General. The j Crown Solicitor had assured counsel j ♦bat the opinions of the Crown's | mental experts would be submitted to j him. "Tn justice to the coroner I might j jjy that I only learnt yesterday that the Crown's mental experts* investigations had not been completed,'' said Mr. Mouatt. Medical Evidence. Dr. F. W. Fullerton, the first witness, ,aid that he visited No. 67, Franklin Ko»d at 4 p.m. on August. 5, and saw the body of the dead baby. On the right side of the neck there was an irregular jagged wound about two inches long. The baby was in the front room, and the body was still warm. Witness saw a ; broken dessert knife (produced) in the ! kitchen. It was lying in a soap bos. It' nas possible for the wound to be inflicted j by such a knife. Also in the soap box I were some baby's clothes. Witness saw I accused in the kitchen, and said tc him,! "Have you killed the child?' -Accused «id "Yes." Witness said, "Did you kill it with the knife," and he said "Yes." - Accessed added that he did not know why' he did it. Accused seemed to be in a dazed condition, and enly answered questions in monosyllables. - He was quite white and depressed. Witness liked accused if he had been taking liquor recently, but Peters replied that he had not. There were faint scratches of blood under his chin. Altogether -wit-1 ness saw accused for about 30 minutes on ' ' the day of the tragedy. During the irhole time accused never showed any rign of tears. On the following morn-, ing - witness was present with Dr. j Murray, when the post mortem examina-1 tion was made. - ] Mr. Mouatt: Did accused tell you that he had just fed the baby and that it had not cried or irritated him? —-Yes he did i say that. |

Dr. Murray deposed that on August G he performed the post mortem on the | body of the deceased child- The- child' was well nourished and "developed; There vas a bruise on the left side of the chin,' irhich may have been caused by a finger . lolding the jaw up. There was a jagged vound like the letter H on the right side of the neck near the windpipe. The wound in the neck could have been caused by the dessert knife. In his opinion death was- duei to suffo- J (cation caused by blood entering the lungs from the - wotindiii the" windpipe-' Evidence of Sistei-in-Law. Eileen Hill, sister-in-law of. accused, then gave evidence. Accused's correct name was Harry Joseph Peters, -but he - vras usually known as "Pat Keogh." ■. Keogh was his stepfather's name. Wit- | ness had known Peters for the past 7 or 8 years. He was formally employed by the Defence Department. Accused: and his wife had lived mostly in Auckland. During the last five years accused had been earning a living as a I canvasser for advertising. His wife and • family were in rather poor cireum- ; stances. About November, 1923, wit- : ness observed that her sister" (Mrs. | Peters) was very worried and had liruises on her arm. One day in February last when witness visited accused's house she found him packing up. On asking him what -was ■ the matter he replied that he was "getting oat of it." Witness' sister was crying very bitterly and told witness that Peters had been knocking her about. Witness asked accused what was the matter, but he said he was not going to say anything. Witness then asked .him if he was going to make arrangements for the maintenance of his' wife ; and family and he replied, "No."' -. As ',*_ result of accused selling up the home and furniture Mrs. Peters and family went to witness' place to live. A month later accused was brought to'her house by a' man, who said that Peters was j .sick. He could not speak pro- | perly. Mrs. Peters then went away i with accused, but returned the same night. After that night accused was in the Auckland Mental Hospital, but I witness did not. see him until some time after- he came out. Subsequently accused and his wife and family went to live in Franklin Road. A week before the tragedy witness met Peters in. the -street. He appeared to . have fallen

away, and his speech was hard to under-1 stand. He seemed to be half asleep. Mrs. Peters was very fond of the de- • ceased baby and always made a fuss - of it. Witness was called to accused's bouse just after the tragedy and saw Peters sitting in a chair in Uie kitchen. Sergeant Fitzgerald and Dr. Fullerton arrived shortly after witness. When Father Ryan came to the house he asked accused why he had done it. Peters was dazed and after hesitating said: i "T. don't know, father." j Mr. Mouatt: Was the accused always fond of the children?— Yes. " | Had accused been drinking to any just prior to the tragedy?—l couldn't say, my sister did not say. When Sergeant Fitzgerald arrived, did you hear your sister say to him: "You 1 would not believe 7me the other day | »hen I told you my husband' was mentally wrong!"—Tes, I did. • 7 our sister ever tell you that '. Peters took a razor to cut her throat one day, but that he gave it to her when she demanded it ?—Yes. i • p i . s tage when accused's daughter, j . Patricia Kathleen, was called to give< evidence, Mr. Mouatt raised the point . "s to whether she was a competent wit- j I "ess, as she was only six years old. j Mr. Poynton: Why not? A child of. three can be a competent witness. j However, the child did not seem to, understand Mr. Paterson's questions. | Mr. Mouatt: It is no good going onj *rth this witness your Worship, I will j admit that accused did the deed. The whole question is one of insanity. i -Mr. Paterson: My.friend cannot admit! .that -I | •Another daughter of accused, Margaret Peters, four years of age' was. called to give evidence. Mr. Mouatt objected that she was not a competent witness. Uie little girl stood by her mother *nd answered questions quite clearly. She said that on the day of the tragedy her wis Qjjfr work, and that,

her daddy was. at home mindinc her and Desmond. She saw her father go Jw ~". Ut Desmond 's throat. After that accused nursed the body -_M S"t /l! Xander BOT afr"d, Printer, said he had known accused for a number of years. Peters had worked for witness for a few years as an advertising I | canvasser, and had always been a smart man. About six months ago Peters (became erratic and lost his keenness. .Witness noticed a decided change in •accused, particularly during the last three months. He was quite incapable of attending to his business. On July 31, when he was leaving withness' office, he said: "I'm gone to the pack, the .devxl has got mc." On a previous occasion accused had told witness that other advertising canvassers and business men were against him. Witness had never seen accused under the j influence of liquor. On another i occasion accused mentioned that "a man I would be better dead if it was not for J the kids." I Mr. Mouatt: Was accused under the ; influence of liquor when he told you that the devil had got him?—No, he had not touched a drop that morning, j About a Prohibition Order. I Constable Jones said that lie saw j accused on July 31 at his house. Witness told accused that a complaint had been made about him drinking to excess, but this was denied by Peters, j Accused wanted to know who liad made

the complaint, but witness did not tell him. Witness advised Peters to take out a prohibition order against himself. He would not agree at first, but when witness told him that the police would only take one out, he consented. Accused appeared to be normal, and there was nothing in his manner that led , witness to think that he was mentally ! afflicted. ; Mr. Mouatt: Who was it that made the complaint? j Mr. Poynton: The witness cannot answer that question. Constable Allan, stationed at Free- ! man's Bay, said he knew the accused as Harry Joseph Peters Keogh, or Pat Keogh. Witness had been instructed to ; watch accused's habits as regards sobriety. On August 4 he met Peters at his front gate. On asking Peters how he was getting on, he replied: "Oh, it's a worry being out of work." He denied that he was drinking to excess. Witness advised accused to take out a prohibition order. Accused looked a very sick man, but seemed rational and ; normal. There were no signs of drink on him. The following day, when witness was passing accused's house at 11.30 a._a., he went in d.nd knocked at .the door, but on getting no answer, i witness went away. "The next time witIness saw accused was about 4.15 the jsaine afternoon after the tragedy. He 'asked accused what he had done, and he replied: "I've killed my little boy: .1 got a sudden impulse. Mr. Mouatt: 'Did Mrs. Peters ever 'en—a tr> t)i_ ro.l.r.__ -f-t; n „f Vm

come to the police station? —Yes. j Did she complain that her husband was becoming insane?— No. She complained about him breaking a window. The luncheon adjournment was then taken. Md Mrs. Peters complain about accused breaking a window and getting into the house ?—She complained aibout him not - working and his drinking habits. i Did you say to Mrs. Peters that you did not like interfering with rows be-. tween husband and wife!— No. ■ ■. '■ Statement by Accused. Detective Robertson deposed that he saw accused. at - the Detective Office at 5 p.m. on the day of the tragedy. He -asked accused what was the niajtter. •Accused wanted. witness to take his statement, and after it was typed out, he read it through, said it was true, and signed it. On the. bottom of the .'statement he wrote: "I bitterly regret the whole affair." | John Fitzgerald, sergeant of police, ! stationed at Freeman's Bay, said he • knew accused. On August 5 last, about * 3.45 p.m. witness received a message I from the city watchhouse and in consequence he went to S7, Franklin Road. He met Mrs. Peters who was carrying the dead -body. .Accused was sitting in a chair in the kitchen and he seemed greatly agitated. Witness asked Peters why he caused all the trouble and he replied: '1 wanted to commit suicide, but the child was too good to leave .behind." Accused said he had killed the child with a knife. There was a i soap box alongside the table and it contained a copy of the "Herald," a child's- pinafore and handkerchief, all of ; which were bloodstained. Witness took accused to the police station, where he made a remark about Desmond and his sister being taken to church to be baptised. Accused said that Desmond had only been partially baptised and that he (accused) had completed the baptism j before he killed the baby. i Mr. Mouatt: Did Mrs. Peters tell you ' that her husband was mentally wrong? No, I .don't remember her saying that. . She saw mc on July 31 and complained 1 about him drinking. j (Proceeding.)