MURDER CHARGE

Press, Volume LXXXI, Issue 24566, 15 May 1945, Page 6

MURDER CHARGE

' ♦ MAN’S DEATH IN WELLINGTON

TRIAL OF WIFE BEGINS

(P.A.) WELLINGTON, May 14. The trial of Lena Rosita Bernard, a domestic, aged 35, on a charge of murdering her husband, Maurice Bernard, with a carving knife, at a house in Marion street on February 5, began in the Sunreme Court to-day before Mr Justice Finlay. In opening his address for the Crown Mr W. H. Cunningham said that on the evidence which the Crown had the question of self-defence did not appear to arise at all, and the jury would probably conclude that they had to consider whether the killing of Bernard was murder or manslaughter. Neighbours would say that the accused and her husband had occasional tiffs, but apparently got along fairly well together otherwise. On two occasions about Christmas time the accused stayed out all night, and Bernard had been worried. On Thursday, February 1. he discovered her in a basement flat in Tasman street with a man named Gordon, with whom she appeared to have been more than friendly for some years.

The events on which the charge was based occurred between 8.45 p.m. and 9 o’clock. Mrs Wilson, who was also a tenant in the house in Marion street, was in the Bernard apartment between 8.30 and 3.45, and she would say that the accused and her husband were only merry and not drunk. A Mr Lane, who occupied an adjoining upstairs apartment, would say he could hear the Bernards having a bit of a row, but he could not distinguish what was being said. The voices appeared to be raised. Miss Rattray, who was in Lane’s apartment, would say much the same. Mr and Mrs McKendrick occupied the fiat immediately below the Bernards’. Mr McKendrick would say he heard the sound of scuffling, furniture falling or being dragged, a woman's sobbing voice, and a man’s mumbling voice, but no words He heard one fairly solid thud, some more noise, and then a last solid thud. Mrs McKendrick heard mumbling voices, a bit of a bump, more scuffling, and a final bang. Alone in -Apartment There would be no question that in -the short period when those noises were heard the accused and her husband were alone In their apartment. The first indication that anything was wrong was when the accused rushed into Lane’s room and said; "For God's sake get a doctor. Maurice has had an accident.” Lane, who was fairly sick that night, got up and saw Bernard lying with blood pouring from his mouth. Lane was too ill to use the telephone downstairs, and finally Mrs Wilson telephoned for an ambulance. After Lane had gone downstairs, Miss Rattray went into the Bernards’ apartment, and found the accused kneeling beside Bernard holding his head tip. and asking him what was. wrong. Underneath Bernard’s shoulders was a pool of blood, and a carving knife lying in it. Bernard was probably already dead when he was taken away, said Mr Cunningham. Mr McKendrick helped the ambulance men, and stayed for a time In Lane’s apartment, where the accused had gone on Miss Rattray’s advice. Among other things the accused said to Mr McKendrick; "We were just having a drink, and he called me something that I am not. 1 picked up the knife and he fell over." Remarks to Police A certain amount of cleaning up had been done by the time the police arrived. To a police sergeant the' accused said: "We had some words, and I don’t know if I took hold of something or not." Later when a detective asked her what had happened, she said: "We had a few words. Nothing very much. It was all over in a flash. It all happened so quick. He went down on the floor, and blood was pouring out of his mouth." When it was pointed out to her that stabbing caused the death, she said: “It must have been me stabbed him—there was no one else there.” The knife was picked up and washed, either by the accused or Miss Rattray, before the police arrived. Bernard had a wound on his left hand and another superficial stab wound in the region of a shoulder. It was suggested that the wound on his hand was caused when he was trying to protect himself. The wound which killed him was particularly deadly, penetrating a lung and severing the main artery of his heart. When the case was before the Lower Court, said ’Mr Cunningham, the question was asked as to whether the accused had any bruises or marks on her. The police did not notice any. but Dr. Lewis, of the Mental Hospitals Department, found a small superficial bruise near her nose, and a small abrasion on her ‘shoulder. She .might have been knocked against the furniture. There was probably some strqggle between her and her husband In his ’ endeavours to avoid the knife. Seven witnesses gave evidence along the lines of the Crown’s opening, and the Court adjourned until to-morrow. Mr G. G. G. Watson and Mr R. Pope appeared for the accused. . .