SCHOOLBOY’S DEATH

Press, Volume XCVIII, Issue 29002, 17 September 1959, Page 17

SCHOOLBOY’S DEATH

Boy Collapses At Trial (N.Z. Press Association—Copyright) MELBOURNE Sept. 16. A 13-year-old boy collapsed in the Melbourfie Criminal Court while giving evidence at the murder trial of a former schoolmate, Barry Frederick Darby, aged 14. Darby was charged with the murder of another schoolboy, Leonard William Lewis, aged 16, at North Nar-Nar-Goon on July 16. The boy witness was Peter William Dempster, a pupil at Pakenham Consolidated School, Gippsland. Dempster., nervous and .shaking, was being cross-examined by defence counsel, Mr W. Fazio after contradicting evidence given by him at the Pakenham Coroner’s Court. Mr Justice O’Bryan allowed the boy to rest till he had recovered.

Dempster was one of several schoolchildren questioned about whether wrestling and pranks at school preceded the killing of Lewis, who was head prefect and football captain.

The Crown Prosecutor (Mr F. Moore) had alleged that in a police statement Darby admitted shooting Lewis purposely, because he couid no longer stand Lewis “punching and picking on him” at school. Dempster said he travelled in the school bus with Darby and Lewis every day. He always thought they were good friends. Maxwell Charles Shaw, aged 15, of Nar-Nar-Goon, a pupil of Pakenham Consolidated School, said there was wrestling in the sports arena nearly every recess. Anyone was pushed into wrestling.

Darby and another boy named Gard used to be put in to wrestle, and Darby was nearly always beaten.

Shaw said he had seen Lewis spit at Darby and put grass up his shirt: He had also seen Lewis force Darby’s wrists back about a week before the killing. The hearing is proceeding.

Carnal Knowledge.— Appearing for sentence on a charge of unlawful carnal knowledge of a 12-year-old girl at Takanini at Easter, Horace Neville Nagel, aged 21, a freezing worker, was yesterday fined £3O by Mr M. C. Astley. S.M., in the Auckland Magistrate’s Court. The Magistrate said his hands were somewhat tied in imposing sentence because nine other youths who had appeared in Court on similar charges concerning the same girl had been fined.—(P.A.)