MURDER CHARGE.

Auckland Star, Volume LXII, Issue 45, 23 February 1931, Page 8

MURDER CHARGE.

MRS. ANDERSON'S DEATH

SIAT!O?;AL PARK SHOOTING.

feRIAL OF CHARLES COLSTON

OPENING AT HAMILTON,

(By Telegraph.—Own Correspondent.)

HAMILTON, this day,

The business of the new courthouse it Hamilton was opened to-day with Jhe trial of Charles Colston, aged 3b, noukler, of Waiiganui, for the alleged nurder at National Park on January 0 of Alice Pose Florence Anderson, aged 35. Mr. H. T. Gillies conducted the Crown case, and prisoner was repieiented by Mr. J. F. W. Dickson (Auckland). , Prisoner is a well-set man, about oit )in tall, fresh coniplexioiieil, square featured with a full head of brown liaii. _ To the charge he pleaded not guilty in !i quiet voice. In setting out the case for the Crown, Mr. Gillies described McFarlane's farm, where the tragedy took place. Ihe house stood beside a little-used- road in ihe Upper Retaruke Bush district, some iniles from National Park station. It was an utterly desolate spot. Mr. Giliies said the murdered woman, Mrs. Anderson, was formerly known as Mrs. Fisher owing to an alliance she had formed with a man named Fisher, for whom she formerly acted as housekeeper in Upper Retaruke and later at Wanoanui. To him she bore a child. Her '.sister, Mrs. Tolley, had also formed an alliance with the prisoner Colston. She had two children, Ernest, aged 10, and Phyllis, aged 14, who were known to many people as Ernest and Phyllis Col-1 ston. The Fishers and Colstons were for some time in the firewood business at Waiiganui. On December IS Colston, Mrs. Tolley, Mrs. Anderson and the three children, accompanied by a boy named Storr, who was. friendly with -youn'rr Tolleyj went'into Upper Retaruke •with°a view to 'entering upon an abandoned farm, of which there were a number in the 'district, for cutting firewood. They arrived at MacFarlane's farm pn the night of Saturday, January 3, they having previously occupied anpther farm near there.

Cases of Wine Arrive. On Saturday night, said counsel, a pa<se of wine arrived at tlie farm. On Monday the second case of wine reached the house. On Wednesday morning ft third case of wine arrived at National Park station for Mrs. Anderson. The adults of the party commenced to consume the wine on Saturday night during a came of cards and 'by Tuesday mornm°, when the tragedy occurred, about nineteen bottles of wine liad been con- ™ Mr. Gillies here stated that prior to leaving Wanganui Colston purchased a smn and cartridges under an assumed name. On the Tuesday morning there was some argument over certain bottles of wine that had been hidden and the e was'fighting on the floor. Colston man ao-ed to "et Mrs. Anderson back to he room. He had at the time a pea-rifle n his hand. Young Tolley would say that he locked Mrs, Anderson's door on the inside. Shortly afterward? OoWon came along and endeavouredtogetrnto the room by banging on the dooi. To y Jcnew Colston had a gunCrown's Allegation. Tolley would say that, becoming alarmed, he broke the window with the butt of the rifle, and, jumping out, he jan and hid in the bush. It would be <Tiown later a shot was heard, and it was contended by the Crown th ' s ared from outside the window by Colston it Mrs. .Anderson, as she stood up m t room . in. front. of the window, lhi ce shots were fired that morning. One, the Crown held, was fired by Colston at Phyllis Tolley, one at Mrs. Anderson, and one at the tyre of a motor car which belonged'to Mrs. Anderson Ihe boy Storr, in ' the meantime, had away' on'a horse to get the po'Jce Tlie defence, said Mr. Gillies, would be that'the rifle went off during a struggle between Colston and Mrs. Anderson, but the position' of 'pellets' in' the woman s face and the fact that tlicio weio nc powder marks' or 'burning on the face discounted that theory. The pellets embedded in the wood of the window showed that the shot must have beer fired from outside. Careful experiments had been miade by experts with shots fired at various distances from the window. These showed that at 4ft Gin from the window a shot fired made exactly the same marks as those found and gave exactly the same pellet pattern on a piece of wood as was found on the dead woman's face in her position Cir within the room. (Proceeding.)