MURDER CHARGE

Press, Volume LXXXI, Issue 24744, 8 December 1945, Page 8

MURDER CHARGE

BOY'S BROTHER TO STAND TRIAL

(P;A.) AUCKLAND. Dec. 7. The accused in this case lias been the victim of a series of unfortunate and tragic coincidences," said Mr B. S, Barry for John Clifford Crozier, aged' 16 who appeared in the Whakatane Magistrate's Court on a charge of the murder of his brother, Donald Kingslev Crozier, on November 17.

Mr Barry said that practically everyone in the Court could recall similar incidents where, from friendly argument, heated exchanges had arisen and blows had been struck. Unfortunately, in this case, the result had been a tragedy of the first magnitude and the greatest sympathy was felt for all concerned.

Counsel, submitting that there had been no possible intention to do serious injury, submitted that the charge should be reduced to one of assault.

The father of the boys, Robert Hector Crozier, a share-milker, Edgecombe, said that when his sons did not return from feeding pigs a search was made without success. The search was continued on the following day, a Sunday, and earlv the next morning the accused was round asleep in a room. When awakened, the accused said his brother was near the cabbage trees by the house.

The witness found the body of his son lying in an overgrown drain. The witness added that the boys were the best of friends and were always together. The accused, with another brother, had been instrumental in saving the lives of two young girls in Ihe Whakatane river two years ago and held a scout certificate of merit.

Detective-Sergeant Waterson produced a statement alleged to have been made by the accused. In this he said that as he went-with his brother to the pig pens he picked up a shovel handle, which he used as a baseball bat. Later, argument developed as to their relative merits as marksmen with the rifle and as to the possession of th'eir father's rifle next year. After more heated argument, his brother pushed him and turned to run away. The accused made a swing at his brother with the shovel handle, which, unfortunately hit his head. He could not recollect clearly what had happened next. Police evidence was that the boy's reputation in the district was exceptionally good;

The Magistrate said he had no power to reduce the charge. The accused pleaded not guilty, reserved his defence, and was committed for trial. Bail was allowed.