MURDER CHARGE

Dominion, Volume 28, Issue 168, 12 April 1935, Page 12

MURDER CHARGE

Death of Evelyn Mary Madden PRICE BEFORE COURT j Medical Evidence About Injuries By Telegraph.—Press Association. Napier, April 11. Twelve of the 42 witnesses who will give ’evidence in the case in which Charles William Price, alias Edwards, a teamster, aged 42, is charged that on .or about February G, at Argyll, he murdered Evelyn Mary Madden were heard in the Magistrate’s Court to-day, when (he Lower Court hearing of the charge began. To-day’s evidence mainly concerned medical observations on deceased’s injuries aud with the tracing of tlie movements of deceased and accused from the time they left together their employ at Oreka Station. Fernhill. Mr. H. B. Lusk, with him Mr. L. W. Willis, appeared for the Crown, and Mr. S. Averill for the defence. Mr. J. G. L. Hewitt, S.M., was on the bench. The first witness, Alexander Reid, a surveyor, gave formal evidence regarding the drawing of a plan cf the scene of the alleged crime. He stated that a hole in the creek in which the body was found was three feet deep and was overhung by willows and rushes. Senior-Sergeant Edmund Walter Dinnie, in charge of the Criminal Registration Department in Wellington, stated that on March 8, in company with Detective-Sergeant-Bicker-dike. he went to the spot where Miss Madden’s body was found. The witness took a number of photographs, and

these he described to the Court. Finding of Body. A sixteeu-year-old boy, Herbert Bert Monk, a farm hand, of Argyll East,, described the discovery of the body in Tahiki Creek, about three chains from the junction of Nestor, Raukawa, and Te Onepu Roads. Last January, he said, he set an eel trap in the creekon Mr. Nestor’s property. On the evening of February 14 he visited the trap. After walking up the creek some distance and crossing the creek on a log, he discovered a short distance away the body of a woman lying under ’a willow tree in a hole. The body was about; four feet from the bank floating face upwards. Witness, reported the discovery to his father, and the police were communicated with. Next morning witness accompanied Constable Dawson, of Ongaonga to the spot. Witness stated that the locality in which the body was found was isolated, and he had rarely seen visitors in the vicinity. Constable James Dawson, gave evidence as to the condition of the girl’s clothing when the body was found. Witness made a close inspection in the vicinity. He noticed a woman’s stocking close to the bank, while a top set of false teeth was discovered lying on the grass about six paces from the edge of the water. A woman’s garter lay nearby. On the morning of February 10 witness again went to the scene. Just as he arrived he saw a man near the hole in the creek. The man walked away, but witness intercepted him about 500 yards from the creek, and they exchanged greetings. The man said “I am feeling very crook. I have been on the booze for a fortnight.” He then produced a bottle and took a drink. When witness asked the man his name he replied that it was Edwards. He added that he had walked from the property of a settler named Marshall, a distance of five miles, to see Mr. Bayliss, another settler, about “getting his old job back.” Edwards said that he had had a sleep in the ti-tree (pointing toward the water hole). They returned to the creek, where Edwards drank some dry gin which was in his possession and tossed the bottle into the water. Then lie drew from his pocket a bottle of methylated-spirits, some of which ho mixed with water from khe creek and drank. Shortly after Detec-tive-Sergeant Bickerdike and Detective Farquharson arrived witness identified Edwards as Price, the accused. • Medical Evidence. The first, medical witness was Ur. Rowland Cashmore. of Hastings, who described an examination of tlie body carried out on the bank of the creek on February 15. Witness and Detective Farquharson recovered the body from the pool, and a cursory examination revealed a wound on. the scall-. Dr. Cashmore and Dr. Whyte, of Hastings. carried out a post-mortem examination at the Hastings morgue. The body, which was clad in a print dress, two* petticoats and two singlets, was that of a well-developed, well-nourished woman of about 30 years of age. Putrefaction ball destroyed most of the facial outline, and the upper jaw was toothless. A scalp wound was found one inch to the left of the middle line, extending directly backward for two inches from the junction of the hair and the brow. There was a cub an inch long on the right ear, extending into tlie scalp. There were also long cuts about the left ear and on the top of the head and at the _ back of the head. The vault of the skull was fractured from the bridge of the nose over the top of the head for a distance of six inches. Dr. Cashmere added that the examination revealed no sign of pregnancy, and apait from the head wounds there was m> sign of injury about the body. In witness’s opinion death was probably due to extensive laceration of tlie brain and hemorrhage into the brain brought about bv a fracture of the vault and base of tlie skull. Considerable force would be necessary to inflict the injuries. A piece of timber three feet 'long which was produced in court could have inflict*! the injuries. Ou March 31 witness was present when thebodv of Miss Madden was exhumed. He removed the head aud saw it placed in a container and handed into the custody of (he police. Dr. Walter Gilmour, pathologist at Amkland Hospital, .--aid that after too soft parts had been removed from Miss Madden’s skull, the following fractures were found:—(l) There was a fracture on the left side of the skull commencing two inches above tlie external opening of the ear: (2) extensive fracturing of the front part of the skull from the bridge of the nose backward for about six inches; there were indications that the blow producing it came from the left From the middle of the nose a tract tire extended down the middle of the face separating the jaw into two halves. From these fractures witness concluded that they must have been caused by at least two

separate blows. The front fracture could have been caused Ajy a righthanded assailant standing in front ot the victim, and could have been caused only bv a very severe blow. Iu witness’s opinion the fractures were homicidal. „ r . Dr, A. D. S. Whyte, ot Hastings, gave evidence of a post-mortem examination he and Dr. Cashmore made. Evidence of Bloodstains. Dr. John Mercer, assistant pathologist at Wellington Hospital, who examined a man's brown suit, a woman s blue woollen coat and a womans small white hat for human blood, said on the lining above the right wrist ot the suit he found two irregular red-dish-brown stains, the external appearances of which suggested they were bloodstains. Tests revealed that they were made by human blood. On the woman’s coat he found on the lower part of the left lapel several oval reddish stains which also had been made by human blood. On the inside, of the crown of the hat lie found a stain four inches long also made by human blood. Audrey Lincoln Jamieson, who with Madden was employed at Mr. James Lowry’s station at Fernhill, said. Edwards aud Madden were rather friendly. and often went out together for walks. On Monday, February 4, Mad-, den and Edwards left the station together. That, day witness had a. conversation with Edwards, who said he was going to Auckland, Edwards making a joking remark that he "was tired of Eva : sick of her.” Witness identified several articles of clothing and other effects as belonging to Miss Madden. • James Northe Lowry, by whom Miss Madden and accused were employed, said lie drove the pair into Hastings railway station on Monday, February 4. They left bis employ together on that date. Witness and his wife identified a number of cheques of his with which both Edwards and Miss Madden were paid. ■ . According to the evidence of Keith Walker Baker, Hastings railway station porter, a man came into the left luggage office on February 4 and said he wanted to leave some luggage. This luggage witness identified among the exhibits. He could not identify the man who brought it. Ernest Henry Gardiner said he met Price at Hastings on February 4. Price said he had a lady witli him and asked if witness knew a quiet place where she could stay. Witness and Price went to a Mrs. Higgins’s house and later Price told witness his companion had not liked the room and that they both had booked in at the Hastings Hotel. Similar evidence was given by Mrs. Greta Verosa Higgins. Evidence of the booking in at the hotel on the afternoon of February 4 of a man giving Ihe name of Edwards and a woman the mime of Malcolm was given by Beryll Scnndrett. They stayed two nights and left on the morning of February (>. -The man paid the bill with a cheque, which witness identified.

Ernest Fitzniauriee. manager of a Hastings clothing establishment, said on the afternoon of February 4 accused bought a pair of women’s shoes, explaining lie had left his job at Mr. Lowry’s aud that since a girl had been good to him at the station lie would like to reciprocate. At this stage the court adjourned.