LONG DELAY.

Auckland Star, Volume LXIII, Issue 135, 9 June 1932, Page 8

LONG DELAY.

POLICE INQUIRY. MAGISTRATE'S COMMENTS. TIMARU MURDER CHARGE. HERMITAGE PORTER'S DEATH. (By Telegraph.—Own Correspondent.) TIMARU, this day. Searching questions concerning the delay of more than three months between the reporting of the fatality at the Hermitage at Mount Cook and the investigation of the circumstances by an experienced detective were directed by Mi-. E. D. Mosley, S.M., to Arthur Sydney Bird, police inspector in charge of the Timaru district, when the hearing of the murder charge against William John Thomas Whalley was resumed to-day. Whalley was committed for trial 011 a charge of murder of William Wogan, at the Hermitage 011 November 5 last.

Before committing the accused, the magistrate said that, in cases of such a grave nature, he did not usually have any comment to make, but he considered it his duty in the public interest to make some remarks.

"One theory that must have been in tlio minds of all connected with the case is that of suicide," the magistrate said. "In my opinion, that is entirely precluded by the rccords of forensic medicine, and the evidence of the doctor. There is the second theory, of accidental shooting by deceased, which, in my opinion,'is also dispelled by the evidence concerning the situation of the deceased, as told by accused himself. Of course, the accused told several stories, but almost all preclude that theory, so we have deceased and accused in the room together, and it is quite clear that the Crown has to establish a case of murder or manslaughter. I shall say nothing about that. I must also mention the extraordinary delay in the calling in of an expert investigator. I shall sav nothing more, but consider it my duty as a magistrate call public attention to the matter. Visit to Hermitage. Inspector Bird said he visited the Hermitage on November 21 and interviewed the accused, who made a statement (produced). Witness read the statement, in which it was said that the accused left Wogan sitting with a rifle between his knees. Whalley also stated that he had only once received money frotn Wogan for racing bets. That sum had been, put on with a barman, of the Gladstone Hotel, Fairlie, on November 30. Accused had called at the police station, Timaru, and stated he had got blood on his hands and apron when lifting Wogan. The Magistrate: When did you first get word of the shooting. Witness: On the day after.

The Magistrate: When did you first sec the statement taken by Constable Mackintosh ?

Witness: When I went to the inquest at Fairlic. The Magistrate: Did you take steps to have inquiries made at the Hermitage? Witness: Constable Mackintosh had made inquiries, and a post-mortem examination was made. Then I went up mvself. The Magistrate: As senior police officer in the district, did you not think it advisable to call in an experienced detective ? Witness: Not then. Magistrate: You have an experienced detective in your district? Witness: Yes. Magistrate: Did you have any convictions concerning the cause of Wogan's death? Witness: No. I had an open mind. Tho Magistrate: Having an open mind, did it not strike you that a detective should be called in? Witness: No. "It Is Extraordinary." The Magistrate: When did you get a detective in? Witness: After the inquest on February 20. < The Magistrate: There seems to have been an extraordinary length of time between the death and tho policc activity. I come fresh to this matter and it is extraordinary—l do not want to say a blunder —but it is extraordinary. Witness: Every inquiry that could he made was made by Constable Mackintosh and myself. The Magistrate: As the administrative head of the district you have hundreds of things to attend to. Could you give your time to it? Witness: Yes. I gave my time to it. I have made many similar inquiries. The Magistrate: But that was before you had (lie district to control. You are an inspector now. Witness: I have made similar inquiries since I have been an inspector. The Magistrate: This delay in calling in an experienced man is difficult to understand.

Contradictory Statements. Detective-Sergeant Young (Dunedin) said he was at the Hermitage on March 31 and saw Whalley and questioned him. Accused said he had been advised to make no further statement. Witness drew accused's attention to statements

of witnesses that he had contradicted hipiself concerning the position of Wogan when the shot was fired. He told him he was alleged to have said Wogan was sitting on a chair, then sitting on a settee, and on the third occasion said he was sitting 011 a bed. Whalley was also questioned concerning a remark he was alleged to have made to Driver Elms: "If Bill asks whether you have taken down any money, eay 'yes.'" Whalley had replied that he could not account for Elm's statement. Whalley also denied that lie had made contradictory statements concerning the position "of Wogan. Wogan had been sitting 011 a chair, Whalley added, and he had never stated otherwise. Witness read a lengthy statement by accused dealing with betting transactions, and adding that Wogan wanted a rille to shoot rabbits as he was concerned about getting food for his dogs.

"Been Expecting This." Sergeant diaries King, of Hokitika, said ho had known Wogan for nine years. He was of a particularly bright disposition. Witness had never known him do any shooting. Witness said he also knew the accused whom he arrested on a charge of murder at Hokitika on April 18. Accused had then said, "I have been expecting this." Leslie Frazien Tisdall, of Chnstehurch, cave expert evidence concerning the ritle. It was a reliable weapon and functioning quite well. Witness considered there was no possibility of the riflo discharging by any means other than a pressure on the trino-cr. Spent shells were ejected from immediately beneath it, and would fall in front of the person holding it. The shell would not be thrown out with any great force. Tests With Rifle. Witness said he had conducted tests by firing at blotting paper yesterday from a range of ten and a half feet. Punctures were clean, but at a ranjre of two feet there were powder marks, which wero increased at shorter ranges, a shot fired point blank showing both burning and powder marks. Witness said that two feet was the least range at which the rifle could be fired without leaving powder marks on the object struck. Witness said he tried to see how far away from his head he could fret the muzzle of the rifle while pulling-the trigger himself. The furthest distance he could manage was four and a half inches, at which distance there would be powder marks left. The shape of (he puncture in the object struck would show the direction from which the rifle was fired.