MURDER CHARGE BROUGHT

Press, Volume LXXVIII, Issue 23554, 4 February 1942, Page 3

MURDER CHARGE BROUGHT

SUPREME COURT TRIAL OPENS EVIDENCE AGAINST FARM LABOURER (P.A.) DUNEDIN, February 3. At the quarterly criminal session of tl.e Supreme Court this morning, ; fore Mr Justice Kennedy and a jury, the trial commenced of Charles Henry Flaxman, aged 34, a farm labourer, on a charge of murdering his wife, ’ Marion Beatrice Flaxman, at Moa Flat, on November 18, 1941. There was also a charge of arson and one of attempted suicide. The case for the Crown was conducted by Mr F. B. Adams, while Mr 0. G. Stevens, with him Mr C. H. S. Stevens, appeared for accused. In his charge to the grand jury his Honour said a man was charged with the murder of his wife. It would be stated that in his home he struck her blows that penetrated her brain and killed her. It would be said that when she was dead an attempt was made by someone to blot out the crime as much as possible by the burning down of the cottage. Evidence would show that the accused lived with his wife in a cottage on the farm where he worked as a labourer. Neighbours heard a cry and going outside saw a glow of fire. His Honour went on to summarise the evidence and stated that the findings of the post-mortem would reveal that death occurred before the fire. After the body of accused’s wife was brought out he went away and cut his throat. If the evidence came out as it did in the Lower Court, said his Honour, he apprehended that tae gran.' jury would find that there was a case to answer and that a true oill should be returned. A true bill was returned on each ’dictment. * The Crown Prosecutor said that the evidence would be that the instrument used was a household tomahawk. Flaxman married his wife, who was 25 years of age, in June, 1939, and they had one child aged 15 months. Dr. R. G. Stokes, of Gore, said thai he examined Flaxman at the Tapanui Hospital. Flaxman was suffering from a cut on the throat which was not dangerous. Witness examined the body of the woman and considered 1. -at death was due to head injuries. Dr, E. F. D’Ath, pathologist at the Otago Medical School, detailed the results of a post-mortem examination. His opinion was that the woman was struck at least five blows on the head, which had caused laceration of the scalp, fracture of the skull, and laceration of the brain, and that she died as a result of shock from these blows, anr’ was probably dead before suffering burns on the body. The head injuries could not have been self-in-flicted. but could have been caused by the tomahawk produced. John Mitton Garden, a sheepfarmer, residing close to the Flaxmans, that he arrived at accused’s home shortly after ihe fire occurred. Accused did not appear to be making strenuous efforts to get his wile out. Witness, assisted by his wife, got the woman's body out of the room. When Flaxman approached later he said. “It's too late, chaps. I'm done. I’m mad.” Witness look a knife from the accused who protested and asked to be allowed to “finish the job." The case was adjourned till tomorrow morning