YOUNG MAN GUILTY OF MURDERING GIRL

Press, Volume XCI, Issue 27664, 21 May 1955, Page 8

YOUNG MAN GUILTY OF MURDERING GIRL

Death Penalty For Auckland Milk-Bar Shooting (New Zealand Press Association) AUCKLAND, May 20. After an absence of one hour and 17 minutes, a jury in Supreme Court at Auckland today found Frederick Foster, ifled 26, a labourer, guilty of the murder of Sharon Dorothy Florence Skiffington, aged 19. Foster was sentenced to be Miss Skiffington was shot in Somervell’s milk bar in Queen street, Auckland, about 2 p.m. on March 28. . The trial was held before Mr Justice Shorland. The case for the Crown was conducted by Mr G. S. R. Meredith and Mr G. D. Speight. Dr. A. M. Finlay and Mr M. F. Chilwell appeared for Foster.

The jury retired at 3.13 p.m. and returned at 4.30 p.m. The crowded Courtroom was hushed as the jury filed back. Asked whether he had anything to say before sentence of death was pronounced upon him, Fester swayed slightly in the dock and at first was speechless. Then, turning to the press bench, he said: “I wish to say to the press that what I said yesterday about Sharon ...” His voice became inaudible, although he continued speaking for about two minutes. Later, Mr Chilwell, one of Foster’s counsel, said that the accused had said in Court that he wanted the press to understand that Sharon was a very good girl. It had been an honour to know and love her. He also thanked counsel for their defence. His Honour put on the black Cap, and pronounced the death sentence. He discharged the jury from further duty for five years. Defence Submissions Addressing the jury. Dr. Finlay said the shooting of Miss Skiffington in the milk bar was an accident. The Crown’s contention that Foster wanted to kill Sharon was not borne out by the evidence, nor had it been proved that he was indifferent ■whether she died or not. Dr. Finlay said the Crown evidence that a telephone call from Foster on the day of the shooting was the cause of Sharon being upset was disproved by the mother’s evidence. If the girl’s emotion had been caused by Foster, she would have shown it when she saw him in the milk bar with the gun, but she had not screamed or raised any alarm. If she was afraid, she would have gone to the back of the shop, and walked past him. Counsel said that Foster had a dangerous shotgun, and it exploded at the instant that Sharon was near. “She was the unfortunate victim, but it might have been someone else,” he said. The Crown would suggest, said Dr. Finlay, that Foster’s story of a plan to impress the girl was made up, but did it consider that Foster was the type of man who would commit coldblooded, brutal murder? His manner in the witness box clearly negatived such a suggestion. An aura of drama and suspicion had coloured the Crown witnesses’ evidence, and a tragic accident had been turned into a brutal murder. Case for Prosecution Mr Meredith, in hie mnrinding address, said it was always open to the jury to return a verdict of manslaughter, and whatever else th are was, Foster was guilty of manslangh- - was still the Crown’s earnest submission that this was mur-der-nothing else “I put ft to you that the defendant’s story is no more than a farrago of nonsense” said Mr Meredith. “It is an Insult to your common sense to ask you to accept it” He said Foster came to New Zealand after two frustrated love affair., and continued his usual amorous way. He met Sharon, and said he fell violently in love, out did not have the cominon 1 decency to tell her he was not free, nor with prospects of marrying her. Foster was obviously intensely Jealous, said Mr Meredith. About a ■ nwnth before she died, Sharon learned , , was . married, and it was perfectly . clear was doing her best to get ; SL Ehe 11311 done I wilt .Mm, but this insanely jealous, ■ex-obsessed man was far from done , with her,” counsel said. Mf Meredith said Foster could have i *£"* Ms story about the accidental 1 of the gun immediately after the girl s death. He had ample I and was repeatedly asked I *tat had happened. “Why did he not ■ SV? . Hecause he knew it was deliberate,” said Mr Meredith. j -taiaf* Foster simulated insanity. < ™ aot put on by a man an unfortunate girl | into eternity, ■ and did not have the to face up to his resoons- ■ ibility. said Mr Meredith. . Ks Honour Sums Up ...y* Honours summing up lasted an hour. After instructing the jury on <”» murder and homicide, he ’ said that there was undisputed medical ' evidence -that Miss Skiffington died S wound, and it was un- ' SS£2. ®bot wag fired a , thTT Ey- Tt had aiso been established that the gunshot wound was caused ’ Et Jv fr ? m gua wh ich Foster : 111 ™ charge. at its conclusions, the jury would have to be satisfied that Fwer aimed and fired the gun at a ' evidence, with the X as kiu ' said his Honour. 1 Cm the question of intent, the Judge tel p °y ld i? e .. an eye-witness ■ £rt^^JSf nd -_ Fo^er had said be : 2? pointing and firing j the gun at Miss Skiffington to do her i fm. He said he did it with the

intention of gaining attention, to have himself arrested and prove his love. “If that statement is true, he is not guilty of murder, whatever else he may have done,” said his Honour. “On the other hand, the Crown contends that there are facts and circumstances in this case from which intent can be deduced.” The evidence in many places conflicted, said his Honour. If the jury was not satisfied the crime was murder, they might consider manslaughter. In doing so, the jury might consider whether the ordinary prudent man, holding a loaded gun in a milk bar, wotild apply his finger to the trigger as he looked towards the door. Accused Cross-examined The accused gave evidence yesterday, and this morning his crossexamination by Mr Meredith was concluded. Foster told Mr Meredith that the gun went off accidentally. His last answer was: “I carried the gun. I should never have carried it.” Foster told Mr Meredith that he fell irr love with Sharon soon after he met her. He said intimacy had taken place several days after they met. “We were to be married,” he said. Mr Meredith: Isn’t it a fact that you boasted to other men about your relations with Sharon?—l told O’Flynn. (A Canadian seaman who had been staying at the girl’s mother’s boardinghouse.) Foster denied telling another man that Sharon was a “dead cert.” Questioned about a girl named Rita Foster, the accused admitted he had on intimate terms with her, but denied he had ever led her to believe he intended marrying her. “That was her idea,” he said. Foster said there was a girl in Australia named Shirley who had written him love letters, but he did not know a Shirley in Auckland. He had “invented” her to make Sharon jealous. He had been intimate with a girl named Gloria in Auckland, and at one stage suggested marriage to her. Mr Meredith: I put it* to you that you resented Sharon having'anything to do with other fellows?—No. Foster denied that he followed Sharon around and spied on her. “I had no feelings of jealousy,” he said. Mr Meredith: When you told Sharon that you were already married she showed resentment?—No. But she did not go out with you again?—l met Tier at the pictures on one occasion. To another question, Foster said he did not get the shotgun from Vincent street until neon, and did not know how it was that a witness had spoken of seeing him with it at 11.14 a.m. Covering on Gun Mr Meredith: Why did you coVer the gun with brown paper?—lf I walked down the street with the gun uncovered I knew I would be stopped. And you did not want to be stopped?—No. Foster said that he knew that Sharon could not get out of the milk bar without passing him first, but when he went in he had no intention of firing the shotgun in the milk bar. Then he thought of firing at the roof, and later decided to fire at the wall “because I thought it would be safer.” Foster said he decided to fire when Sharon started to move toward the door. He decided to fire across the shop, and brought the gun up to aim at the wall. His finger was then behind the trigger guard, and he put it on the trigger as she came toward the door. He said he looked away toward the door and was going to look back, when the gun went off and Sharon fell. Mr Meredith: You intended to fire before or after she passed you?—l thought she might stop. Even if she walked on I would aim behind her. H she stopped, you would fire in front of her, and if she was past, you would fire behind?—Yes. How close did you intend to fire?— She had to be close. You wanted her pretty close when you let go?—She had to be close. Foster said he realised he had injured the girl. “Accidental Discharge” Mr Meredith: According to you it was all a terrible accident?—l did not think I had hit her. You saw her fall? You saw her on the floor bleeding?—Yes. I was all mixed up that day. Did you not realise the injuries were caused by the gun?—At the time I never even thought of the gun . . . I wanted to have Sharon. The discharge was accidental?—Yes. Do you ask us to believe that?— That’s what happened. According to you, it was an accident?—l could only think of Sharon being dead. . Questioned about his interviews with Detective-Sergeant F. A. Gordon, Foster denied pretending to be insane’. He said he did not then want to talk about what had occurred. The trial lasted five days. Further results (competitors being from Christchurch unless mentioned) are* Vocal Solo (Gunner Memorial), Women residing in Canterbury.—Miss P Fitzgerald, 163 points, 1; Miss H. Murie and Miss P. McCulloch, 162 (equal) 2 Vocal Duet. Adults.—Mrs J. J. Sealby and Miss F. Dixon. 30 points, 1; Miss M. Tyndall and Miss C. Chaplin. 78. 2; Misses R. and G. Kelly (Ashburton), 76, 3. Musical Comedy Vocal Solo.—Miss P Colthart, 83 points, 1; Miss C. Chaplin. 80, 2; Miss M. Bovett, 79, 3. Piano Solo. Test, 14 and under 16. Elizabeth Livesey, 82 points, 1; Isabell Dodds and Jennifer Levy, 81, 2. Humorous Recitation, Boy 14 and under *«•—9 erard Sparks, 73 points,. 1; Keith Woodley (Hokitika), 72, 2. Irish Hornpipe, Open.—Jill Fagan, 81 points, 1; Pauline Entwistle, 80, 2: Maree Hunter, 79, 3. Ballet, 12 and over.—Gladys Bushell School of Dancing, 90 points, 1. Comedy Dance Duo.—Norma Hancock and Roseanna Jackson and Terry Spiers and Noel Robertson, 80 points (equal) 1. Eccentric Dance.—Lanette Austin, 75 points, 1; Noel Robertson, 73, 2; Norma Hancock, 72, 3. Classical Ballet, 12 and over.—Gladys Bushell School of Dancing, 79 points, 1; Doreen Herbert School of Dancing, 75 points, 2. Tap Dance, 14 years and over, open class.—Monya Bennett, 82 points, 1; Janice Smith, 81, 2; Colin Saggers and Lanette Austin, 80, 3. Tap Dance, Boys, 12 and over.—Colin Saggers, 80 points, 1. Grand Vocal Solo.—C. Browne, 84 points, 1. Classical Ballet, under 12 years.—Gladys Bushell School of Dancing, 82 points 1* Doreen Herbert School of Dancing, 81, 2 : Irene Kalmin’s School of Dancing, 80, 3.