SUITCASE VICTIM.

Auckland Star, Volume LXIX, Issue 169, 20 July 1938, Page 15

SUITCASE VICTIM.

BEHAVIOUR IN HOME.

THE ARMSTRONG CASE.

murder trial evidence.

(By Telegraph.—Eress Association.)

WELLINGTON, Friday.

The principal witnesses this afternoon in the case in which Douglas Alexander Armstrong, aged 21, who is charged with the murder of his father, Edwin Norman Armstrong, were the mother end brother of the accused. The dismembered body of Armstrong, sen., was found in suitcases in Picton Harbour. The Crown Prosecutor, Mr. W. H. Cunningham, is conducting the prosecution, and Mr. H. F. O'Learv, K.C., who has with him, Air. D. Foster, is defending Armstrong.

Mr. Cunningham asked the jurymen to put out of their minds whatever they had heard of a case that had [Ci ea ted something of a sensation. Their duty was to try the case on the evidence before the Court, and the onus-

was on the Crown to prove the charge.

Definition of Murder. Giving the statutory definition of murder, Mr. Cunningham said he apprehended that there would be quite an issue as to whether the offence was murder or manslaughter. He read also a section of the Climes Act, which set out the grounds on which a charge of murder could be reduced to manslaughter.

.The jury would not be worried about the actual killing, continued Mr. Cunningham. There could not be any doubt al>out that, for, in fact, accused had admitted it, so the jury would have to consider mostly the points under the law he had mentioned. They would have to judge the intention of accused. His actions were described in his letter to his mother and his frank statement to the police. It was not the object of the Crown to have convicted of murder a man who was guilty of manslaughter onlv.

Outlining the evidence, Mr. Cunningham said there was no doubt that accused's father was not over welcome irt the family home, at any rate, bo far as accused was concerned. He resented his father's presence, and, according to Mrs. Armstrong, they had scarcely been on speaking terms for a year or two.

Mr. Cunningham drew attention to passages in the letter accused wrote to his mother and the statement he made to the "police bearing on his relationship with his father. ■ Before rending the letter Mr. Cunningham pointed out that it contained no suggestion of provocation or solfdefence or of circumstances of killing at all, but it indicated the writer's hatred of his father. It was devoid of compunction for the man he had killed.

After reading the statement accused made to the police Mr. Cunningham commented that it stated quite frankly accused intended to return to the house .and .have it out with his father about the latter ' leaving home, and that he anticipated the meeting would be unpleasant for he wished his mother to be absent.

The first witness William Aitken Armstrong, training college student, brother of accused, aged 19, said he left home about 8.15 a.m. on May 6 and returned home from college at 9.3 p.m. Two knives and a .22 calibre rifle in Court were identified by witness as belonging to the accused. I * Cross-examined by Mr. O'Leary, witness eaid he had hidden the bolt of the rifle for fear his father might kill himself -or others in the family. His brother had done the same after his father's return from Australia, about two months before his death. Witness and his brother used to place something against the door to warn them of anybody entering.

About two ye*Tß ago hi« father slashed his brother'® hand with a table knife. Witness? saw the occurrence. The knife was "picked up just for the occasion. About; 12 months ago their father had threatened witness with an axe, and about eight months or a year ago he had taken up, a Are poker to them

"ATy brcrther iad tokl him to go out and get work'instead Of living on i»," said witness. "He jumped up and said he would knock xrat my brother'#! brains and*made other; vilecommenta." Witness* brother left the room and their mother intervened. , .

Witness «aid that at tie slightest disturbance liia father would pick up e hook, or tableware and throw it. Such events, were (Common occurrences. Since his father's return from Australia he and his brother repeatedly heard disturbances during the night from their paretfta* room. 1 They'would listen ready to intervene.

"Not a Day of Happiness." There was not one day of real happiness in the home. After his father's return from Australia, continued witnew, lie did not speak with witness, but would only pace comments. He was gloomy., and his eyes were piercing and bloodshot.

. IWitness' mother had supplied his father with £130 of her sayings in September to go to Australia. He came back after six months. His brother Douglas expected to leave home soon and the "time was coming when he would have to leave, too.

Mary Robb Armstrong, school teacher, widow "of Edwin Norman' Armstrong, Mid they were married 22 years, and there were two children of the marriage. Her husband was aged 55 at the time of his death. They came to Wellington in 1929 when her husband lost hu employment with A. and T. Burt, Limited, at Dunedin.

j; Witness said that when she received a letter from Douglas she did not read it as a message that he had killed his father, but as a statement that his father was dead. Douglas was very anxious for his father to leave home for witness' safety..

/In;: answer to a question about her own relations with her husband witness said:' "It was not 30 much a feeling of fear as a feeling of eeriness." She had taken steps toward obtaining a separation many years ago when the children were young, but not since their arrival in New Zealand,

Mr. O'Leary: In every possible way was your, son as good a son as you could wish to hive?

Witness: Nobody could have a better.

Since 1929 her husband had not worked - and she had kept him and bought his. clothes, continued witness. She had never taken a holiday without him. When he went to the races she provided £2 each day, and she provided reading matter to prevent his brooding. .'When he came hack from Australla'she offered him £10 a month to go away, and Douglas said he would sell hift £ar...*nd give him the money. Douglas did everything for his father he was asked to do, Including drawing plans a fatent; application touching the jjjatpessing of waves to generate electrirftV; '"" r r ; ' •" ''

At this sta»re the Court was adjourned until to-morrow.