MURDER TRIAL AT AUCKLAND

Dominion, Volume 31, Issue 191, 11 May 1938, Page 12

MURDER TRIAL AT AUCKLAND

Accused Gives Evidence ACCOUNT OF DISPUTE WITH FATHER By Telegraph—Press Association. Auckland. May 10. Francis Borgia Spensley. aged 19, who is being tried in the Supreme Court on a charge of murdering his father. Robert Fitzroy Spensley, at Swanson, gave evidence to-day. The trial is being held before Mr. Justice Fair and a jury. .Mr. V. R. Meredith, with him Mr. N. 1. Smith, is prosecuting, and Mr. Allan J. Moody is appearing for accused. Mrs. Pender, daughter of the deceased, cross-examined by Mr. Moody, said she understood that her father had left his third wife. They were separated. “I have never seen anything to suggest that Frank was ill-treated, anil I have never known father to give him a thrashing.’’ Witness declared she bad heard her father say he had to be firm with the boy owing to his untruthfulness. She would be surprised to know that a neighbour said the boy was overworked and was chased by his father at liis work. She thought that evidence was incorrect.

The first witness for the defence was accused. He said he was about four years old when his mother died. He and his father bad lived in a “shack” at .Swanson for two years. He, would work from perhaps 5 a.m.—according to the number of cows to be milked — until sometimes after dark. His father, he said, generally was of good temper, but when he “got wild” he became violent, and witness would be thrashed with a ti-tree stick about as thick as a man’s thumb. At such times he went in fear of his father. Witness described incidents which led up to his father’s death. The evening before the father went out. When his father came home he accused witness of having broken into a room which was kept locked. A heated argument ensued, as a result of which witness received a thrashing with the same stick. Next morning lie got up, milked five cows, separated and came back. When he had got “things going” he went to tell his father. There were further words about the locked room. His father said ho was going to thrush him until he (witness) told the truth. Witness lost his temjgir and said he was not going to stand it any longer. His father began to get out of the bed. He was frightened and picked up a loaded gun which was lying in the corner. He brought it up and it must have gone off. Then he must have' reloaded the gun and fired again, but he could not remember. Then h.e realised what he had done, was frightened and did not know what to do. After further 'witnesses had been heard, the evidence was concluded. Counsels’ addresses and the judge’s summing up will be given to-morrow.