JAMES TRIAL.

Auckland Star, Volume LXIV, Issue 270, 15 November 1933, Page 8

JAMES TRIAL.

MANSLAUGHTER PLEA. ALLEGATION OF MURDER. STORY of quarrel in flat. (By Telegraph. —Press Association.) WELLINGTON, this day. An appeal for a verdict of manslaughter was made by counsel for the de'fence yesterday afternoon at the trial of George Edward James, an enginedriver, aged 57, on a charge of having murdered Mrs. Cecilia Smith, a widow, whose body was found in a flat in Oliiro Road, Wellington, on June 30. On the same day the body of her four-year-old son was recovered from the rocks at Point Halswell. The defence admitted that the case was one of culpable homicide, but declared that at no time had there been any intent by accused to kill Mrs. Smith. Her death, it was submitted, occurred in the heat of passion caused by a sudden provocation. In support of this contention, accused entered the witness-box.

Opening for the defence, Mr. Leicester stressed tho fact that accused was charged with the murder of the woman only, and said the question of admitting evidence "concerning the boy had caused anxious consideration. It might easily be true that accused left the boy at some spot, the boy might have stumbled, struck his head and been rendered unconscious and slipped down into the water. Feeling of Torture. Counsel said the defence admitted that in a struggle between accused and Mrs. Smith the latter received a blow or blows from which she died. Therefore James was guilty of. culpable homicide. It might be murder and it might be manslaughter. Giving an outline of the circumstances leading up to the crime, counsel stressed the disturbed state of accused's mind. There was special provision in the New Zealand statutes, counsel continued, for a reduction of a charge of murder to one of manslaughter if the person causing death had done so in the heat of passion caused by a sudden provocation.

The present case fell under this section, said counsel. It was during such a moment of passion, when accused was deprived of self-control, that blows that caused Mrs. Smith's death were struck. Every possibility was against the theory of a deliberately planned and carefully executed cold-blooded murder. Every possibility pointed to the fact that the death of Mrs. Smith was due to actions committed in the heat of the moment. Argument About Money. In evidence, accused stated that he was on affectionate terms with Mrs. Smith, and intended marrying her. As for the child, if he had been his own he could not have loved him more. On the morning of Friday, June 30, Mrs. Smith began to argue about money. The boy was playing on the floor whittling a piece of wood with a table knife. The boy cut his finger and accused bound his hand with a handkerchief. He threw the knife on the table and the boy picked it up again.

"I went to take it from him," accused continued, "and as I went toward him the boy threw the knife. Mrs. Smith picked it up and I said to her, 'He deserves a good thrashing, and if he were my own boy I'd thrash him.? Mrs. Smith went toward the bedroom. I tried to tako the knife out of her hand.- She picked up a piece of wood and hit me over the side of the head. As my head was that morning, this made me angry. Mrs. Smith took the knife into the bedroom and called the boy in.

"I told him to stay where he was. When I went into the bedroom Mrs. Smith was sitting on the side of the bed near the duehesse and the knife was on the duehesse. When she called the boy in I thought she was going to give him the knife. I said, Neither of you shall have the knife, I'm going to put it away.' I went to pick up the knife, and Mrs. Smith made a grab at it. We started to struggle, as I tried to get the knife from her. I was angry and she was angry. She called me a name and said I was good enough for anything. Memory a Blank. "I was put into frenzy. Mrs. Smith started to eay something, but I can't remember what it was. We continued struggling and during the struggle "I must have . lost my senses. I don't remember what happened after that. I was in hospital for a few days, and still didn't know what had happened, or why I was there."

Mr. Leicester: It is suggested-by the Crown that you intended to kill Mrs. Smith. Accused: At no time did I form any intention of killing Mrs. Smith. I loved her and nobody could have been more fond of her. I really worshipped her. I loved the boy and I was the only man the boy ever took to as his father. This was the end of accused's evidence, and as he said the last words he showed signs of breaking down. Cross-examination by Mr. Macassey was deferred until this morning. Close Cross-Examination.

The Crown Prosecutor cross-examined James in the witness box for over an hour this morning. James at times became very excitable and voluble. Accused said that from May 15 he only earned 16/. On May 24 he eold a machine on Mrs. Smith's behalf for £4 and subsequently borrowed £12 for furniture. Mrs. Smith received that money. After Mrs. Smith read the letter from Mr. Jowett and found there was nothing coming to him from hie late wife's estate they agreed to carry on as they were. She did not tell him she was going to part from him because he had deceived her. Mr. Macassey proceeded to deal withevents leading up to the tragedy. He iisked James what started the argument with Mrs. Smith, and James replied that she started about money. She said he led her to believe that he had money when he did not. "She said she wae going down to see Mr. Jowett again to see how they stood. Her idea was that Rouse was concealing the true position of the estate. James disclaimed knowledge of what happened after they began to struggle. He repeated several times that he did not remember anything till he came to in the hospital. Mr. Maeassey produced a letter found with James' coat and hat on the wharf and aeked if he meant the jury to believe that he did not remember writing the letter. Janice said ho did not recollect writing it. Before his Maker, James declared that he. denied having made certain statements attributed to him in the record of the interview produced by Detective-Sergeant Jarrold. (Proceeding.)