DUNEDIN MURDER TRIAL

Press, Volume XCI, Issue 27583, 14 February 1955, Page 12

DUNEDIN MURDER TRIAL

Evidence For Crown Completed

DEFENCE CALLS NO WITNESSES

(New Zealand Press Association) DUNEDIN, February 13. . The Crown case against Senga Florence Whittingham, aged 27, who is charged with murdering John William Saunders, aged 27, was completed in the Supreme Court yesterday morning. The defence did not call any witnesses, but recalled one Crown witness for further cross-examination. The trial will be resumed at 10 a.m. tomorrow, when counsel will address the jury. Mr Justice McGregor, who is presiding, said yesterday that he hoped he would be able to sum up tomorrow afternoon. The jury could then retire, and possibly complete the case by late afternoon.

Whittingham was employed as a house surgeon at the Dunedin Public Hospital, and Saunders as a resident medical officer. The accused is alleged to have shot and killed Saunders in the house surgeons’ quarters on December 12, 1954.

The Crown Prosecutor (Mr H. S. Adams), with him Mr J. B. Deaker, is prosecuting. For the defence Mr A. J. H. Jeavons, with him Mr R. J. Gilbert, is appearing. Tomorrow will be the sixth day of the trial, and 20 witnesses have been heard.

Long lines of cars parked in lower Stuart street outside the Supreme Court building indicated the intense public interest taken in the case yesterday. Long before the jury filed into the Courtroom, all available public seating had been occupied. Most of the spectator! were women. Gift for Saunders Detective-Sergeant James Arthur Marshall, who was in the box when the Court adjourned the previous evening, gave evidence that he searched Whittingham’s quarters and found a parcel, whfch he produced. It was wrapped in fancy Christmas paper. It contained a handkerchief, a pocket comb and a Christmas greetings card with the words: “To Bill from Senga." At this stage, Whittingham broke into tears. Mr Adams: What other parcels or messages of that type did you find? The witness: We found no other parcels which looked like Christmas gifts, but we found a list of names on a piece of paper which could have been connected with Christmas gifts. In cross-examination, Mr Gilbert asked about experiments carried out at the hospital to test whether the rifle had been discharged accidentally against the locker. Detective-Sergeant Marshall said flhat he had conducted tests after the tower Court hearing to ascertain whether such a thing could occur. Mr Gilbert then asked about marks on the cupboard at the house surgeons’ quarters, and discolorations on the stock of the rifle found beside Whittingham and Saunders. •When was your search made of Whittingham’s quarters?" asked Mr Gilbert “Between 5 and 6 am.” said the witness. “I returned later the same morning and took charge of the other contents, which included the parcel produced." No mention has been made by the Crown up to now of the parcel?—No. You will agree that the parcel was made available at this trial at the request of the defence?—That is true, but it would have been produced had the police attached importance to it. Would you agree that the police would not have produced this parcel had it not been for the request from the defence?—That is so. Mr Adams asked where the parcel had been found.

Detective-Sergeant Marshall replied that it had been found on a bedside table in Whittingham’s room. Detective-Sergeant A. J. Lahmert, the next witness, outlined investigations he had made with DetectiveSergeant Marshall and of the interview early on December 12 with Whittingham. He told Mr Deaker that he had been in and out of the office two or three times during the typing of the statement made by Whittingham. He then showed the rifle to Whittingham, and an addition was made to the statement. There were no questions from* the defence. That completed the Crown case. Mr Jeavons asked that a Crown witness, John Morgan, be recalled only for cross-examination, because of subsequent evidence given by another Crown witness. John David Reid Morgan was then recalled and cross-examined. Mr Jeavons: You were told by Sergeant Farquhar in evidence yesterday that you stood within 4ft of them in the vestibule? The witness: That would be so. Were you in a position to hear such conversation between Sergeant Farquhar and Whittingham as might have taken place?—l heard only the one piece of conversation, that about the possibility of Whittingham having had liquor on the day of the offence. Mr Jeavons referred to Morgan's evidence-in-chief. Mr Justice McGregor referred Mr Jeavons to the fact that Mr Gilbert had cross-examined Morgan at that time. Cross-examination Permitted Mr Adams did not object, and his Honour ruled that Mr Jeavons could continue. Mr Jeavons asked Morgan whether he confirmed that his evidence-in-chief was correct. Morgan said, “Yes,” and told counsel he did not wish to amend any of his evidence. The defence would not call evidence, said Mr Jeavons, when asked by his Honour. The Court rose at 10.20 a.m., and was adjourned to Monday at 10 am. Counsel’s addresses would probably take all morning, his Honour told the jury. He would sum up in the afternoon, and he hoped an opportunity would be given the jury to consider its verdict that day.