MURDER CHARGE

Press, Volume LXXXIV, Issue 25637, 28 October 1948, Page 7

MURDER CHARGE

SECOND DAY OF RETRIAL

WOMAN’S DEATH AT PAPARUA

It is expected that the hearing of evidence will end to-day in the case in which William Albertus Ivan Stuck, aged 40, a butcher, is appearing before the Chief Justice (Sir Humphrey O’Leary) and a jury in the Supreme Court on a charge of murdering Bertha Bessie Amy Day at Paparua on May 14. To-morrow counsel will address the jury and his Honour will sum up. The Crown Prosecutor (Mr A. W. Brown), and with him Mr W. G. P. Cuningham, is conducting the case for thp Crown. Mr G. I. Joseph, of Wellington. and with him Mr E. M. Hay, is appearing for Stuck, who pleaded not guilty. Fifteen witnesses gave evidence yesterday, the second day of the retrial.

Thomas William Ellis, a grader-driver, said he saw a man and a woman in a paddock near Riverbed road, Paparua. on the afternoon of Friday. May 14. They appeared to be carrying firearms. He did not give this information to the police as he did not think it was important. He was approached by Mr Hay, counsel for the accused, and was later seen bv the police. Senior-Detective F. J. Brads’ said he went to Paparua at 11.50 a.m. on May 15 with Detective Thomson and Constable Sefton. They were shown bloodstains and followed a trail of blood from the fence at the road to a freshly-dug mound of earth in a slight depression in the paddock. Soil was taken from the mound, and the body of a woman was partly uncovered. Digging was stopped until the arrival of senior police officers, the pathologist, and the Coroner. Photographs were taken and the body was removed to the morgue. After inquiries, witness sent a teleprint message early on Sunday morning to the police in Wellington asking them to meet the Hinemoa when the ship arrived at Wellington. He was present at a postmortem examination of the body of Bertha Day when the doctors removed pellets and wads from her head. On May 17 he read a statement made by Stuck, and then, with other police ofnqerg, he returned to Paparua, where they tried every angle at which the gun could be carried. The fence and the gun were carefully examined to see if there were any marks which would show whether the gun had come in contact with the fence, but no marks were found.

Witness Cross-Examined Mr Joseph: You’ve told us that, when the body was uncovered the arms were crossed on the breast? Witness: Yes. You will agree that was done by the person who put the body there?—Yea. So it would not be correct to «ay the body was tumbled into the grave and hurriedly buried?—The photograph shows how the body was lying in the grave. That is as far as you are prepared to go?—Yes. Are you serious when you say there had to be a scratch left on the wire if the trigger of the gun was caught on the fence?—Yes. Rust would have been knocked off or some mark would have been left. You know the accused has never suggested the trigger was caught on the fence (counsel read portion or the accused’s statement). So why look for it? His Honour to witness; I suppose you were eliminating all possibilities?— Yes. Mr Joseph: Any attempt to cover the trail of blood was hasty?— Yes. You will agree that the woman died near the fence? —Yes. His Honour: Was it apparent the grave was dug by some instrument?— Yes. It could not have been done by hands? —No. The top sods showed they had been cut by a spade or shovel. That opening in the gorse where there was a patch of blood?—It looked to me that the body had been laid there while the grave was being dug. You mean that is the inference you drew?—Yes. Detective-Sergeant G. C. Urquhart, of Wellington, said he collected two suitcases from the Wellington station. They were addressed I. Stack, Auckland. Thfc contents included a pair of bloodstained trousers. There was a scimitar brooch in one pocket of these trouser's. Stuck had £7 8s 6d in his possession when he was arrested. He could find no record of an application in the name of Stuck or Stack to send money to Australia, nor was there any record of anyone with either of those names booking a passage to Australia.

Statement By Accused Chief-Detective E. H. Compton, of Wellington, said he was one of the police party which boarded the Hinemoa at. Wellington before Stuck was arrested. Witness read a statement made by Stuck in which Stuck gave details of his associations with Bertha Day and of their living as man and wife. He was a married man with a wife and family, living at Auckland. He and Bertha Day wanted to go to Australia, but passages were hard to get so they were going to Auckland for 12 months, said the statement. On May 14 he and Bertha Day went rabbit shooting. He was carrying a single shotgun and she had a .22 rifle. They were returning to the car and Bertha Day was stooping as she was getting through the fence. She seemed to get caught on the fence and he went to pull the barb out. The gun went off—he had been carrying it with the hammer up—and Miss Day fell dead. He looked round for someone but saw no one. As he did not know how he was going to explain the accident, he got a shovel from the car, dug a small trench, laid the body in it. and covered it up. That evening he made an excuse to Miss Day’s sister about Miss Day not returning with him, and said she was staying with frie” *s at Dunsandel. Mrs Jean Beatrice Maude Smith Said that her sister, Bertha Day, had been known for some time as Mrs Stack. She was 27 at the time of her death. Witness told how the accused, whom she had known as Ivan Stack, and her sister came to live in Christchurch. The accused spoke of going to Australia. On Friday, May 14, the day before they were to leave for Auckland on the way to Australia, the accused and her sister went away in a car. The accused returned alone. He told witness that they had gone to see friends at Dunsandel and her sister would be staying with those friends for the night. Those friends would motor her sister to Lyttelton In time to catch the boat on the Saturday. On the Saturday the accused told witness that her sister would call to say good-bye. The accused left to catch the boat. Witness did not see her sister alive again. The accused spent Friday night at her home. He had bloodstains on the sleeve of his coat and her mother-in-law tried to clean them. The accused said he had shot a hare. The accused’s behaviour was quite normal. Mr Joseph: Your sister and the accused appeared very fond of each other?—Yes. They were a happy and devoted couple? —They were happy, but I would not say devoted. His Honour: When did your ascertain your sister was not married to the accused? Was it not until this tragedy?— Yes. I had my doubts, but I was never told definitely they were not married. They acted like man and wife?—Yes. Evidence was also given by witnesses on the accused renting and occupying a flat at 215 Peterborough street and of his relinquishing it for six months because he was going on a trip to Australia. The Court then adjourned until to-day.