MURDER CHARGE

Dominion, Volume 31, Issue 190, 10 May 1938, Page 13

MURDER CHARGE

Youth Of 19 On Trial At Auckland SWANSON TRAGEDY Evidence Of Neighbours And Constable Bv Telegraph —Press Association. Auckland. May 9. A lighl iv-buill youth, aged 19. Francis Borgia Spensley. was charged in rhe Supreme Court to-day with Hie minder al Swanson on February 7 of Ins father. Robert Fitzro.v Spensley. in a clear, firm voice he pleaded not gmlt.'The trial is being held before Ml. Justice Fair and n jury. Mr. v. K Meredith, with him Mr. N. I. Smith, is prosecuting and Mr. Allan J- Mootlj is appearing for accused. Mr. Meredith outlined the case along similar lines to the Lower Court pro eeedings. He said that the murdered man was aged 64 and had been three times married. He was a widower a. the time of his death. The murder was not brought to light until March 13, when the body was found in a heap of hay alongside tlie house where lie and accused had been living together. Accused was the child of the second marriage. Spensley was last seen alivt on February 6or i. An unopened newspaper of February 8, found in the house, suggested February 7 as' the da e of death. A married daughter would sav that it was her father's habit, because of asthma, to sleep propped up by pillows. lie usually slept in a shirt and undergarments and when the body was found it was clad in shirt, undeipants and socks. Alleged Statement By Accused. Mr. Meredith added that evidence would be called to show that accused went to stop at a neighbour's place a day .or two after February 7. taking with him clothing, blankets, a gun. pea rille, ami rifle cartridges. lie said his father had gone away prospecting for gold at YValhi and would be away for about 14 days. Some days later accused stopped milking the cows on his father’s farm, stating that they had gone dry. Evidence would also show that he'sold the cows and received money for thorn. When the body was found by a neighbour’s sons it. was sewn up in a blanket and a sheet. Mrs. Pender, the deceased’s daughter, called at the house on Ylarch 12 and found an opper set of false teeth under tlie pillow in her father's bed, but the blankets and sheets were missing. She took accused home to her place at Auckland.

When the body was found tile upper set of teeth was missing. While Constable Naughton was awaiting tbe arrival of detectives, the evidence would show. Mrs. Pender, witli her husband, brother-in-law. and accused, drove up. Constable Naughton would give evidence that he then took accused aside and asked. “YVhere is your farther?” Accused was silent; a while, then said, “I will tell you the truth. YVe had a row and 1 shot him with a rifle.” On the advice of a relative he said no more.

The evidence would show that there were two holes in the skull directly between the eyes, about three-quarters of an inch apart.

Mrs, Selina Winslow, widow, Swanson, said accused was a friend of lier sons and came to sleep in a tent with some of them about tlie first week in February. Later he brought the guns with him and brought a motor-car. She saw him signing a cheque and he said his father had told him to do so. She insisted on accused taking away the guns he had brought, and she afterward found .22 calibre cartridges in the washhouse.

In answer to Mr. Moody witness said accused had two fingers bruised when he came to her. lie was quite a good worker on the farm. He was very nervous and seemed to be afraid of things. He used to sit and mope a lot and did not have too happy a time on the farm. Mr. Moody: YVould yon say ho appeared to be a neglected boy? YVitness: I should think so.

A schoolboy, Sidney Keith Winslow, aged nearly 14, son of the previous witness, said when accused came to them in February be said his father was at YVaibi prospecting and would be away for a few weeks. To Mr. Moody witness said accused bad two finger-nails off when he camo to them in February. He always appeared frightened and nervous. Answering his Honour, witness said accused told him he got tlie injury when his father was giving him a biding and he put up his hand to ward off a blow. Constable .John Norton, Henderson, said accused had told him lie bad shot his father with a. pea rifle. Neighbour’s Evidence.

A near neighbour of the dead man, Lewis Charles Shaw he last saw

him alive on February 6 or 7. In cross-examinetlon witness said accused was a we'l-mannered boy but be appeared to be nervous and highly strung. He did practically all the work on the farm. reckon he wus overworked, said witness. Mr. 'Moody: 1 am instructed that tlie boy was frightened of his father?

Witness: Yes, he was. He almost lived in terror of his father on occasions? —“That is the way it appeared.” YVitness said he had seen the father chasing tlie boy about the farm and had seen him throw a lump of wood at him. Mr. Ytoody: It is suggested the boy was worked like a slave?

Witness: Yes, ho was. A daughter of the dead man, and a half-sister of accused. Ylrs. .Sarah Agnes Hma Pender, said she lived at her father’s house for some months in 1936, and her father and accused were getting on very well then. YVitness .had not completed her evidence when the court adjourned.