THE TRAGEDY AT FOXTON. EVIDENCE IN POLICE COURT.

Evening Post, Volume LXXVIII, Issue 11, 13 July 1909, Page 4

THE TRAGEDY AT FOXTON. EVIDENCE IN POLICE COURT.

[fcY. TELEGRAPH — SPECIAL TO THE POST.] PALMERSTON N., This Day. The deaf mute Hsdley Nye was committed foi trial by Mr. A. D. Thomson, S.lu., at Fox ton, yesterday, for the murder of Thomas Nye, his father, on sth July, fie will come up for trial afc the next sitting of the Supreme Court in Palmerston. The evidence revealed little that was new. Mr. Dix appeared for accused, and before the case commenced complained that he had not been allowed to interview accu&ed, except in the presence of the gaoler, and, consequently, was unable to give an outline of the defence, as he could not put a certain question to accused. Agnes Nye, wife of deceased, and accused's step-mother, deposed that accused would be 21 in December. She detailed the events on the night of the tragedy. She was awakened by her husband going out of the room. Immediately afterwards she heard a crash, and, as her husband did not reply to her calls, she went to lock for him," and found him lying in the dining-room. She looked up, and saw accused in the kitchen, with a gun under his arm. He chased witness, and she ran out of the house, and hid in the garden. She saw accused looking ' for her amongst the trees, and eventually he went away. On the Thursday night previous to the tragedy witness saw accused cutting up something in the kitchen, and when she asked what he wrs doing he struck at her. Subsequently she found five cartridges in his pockets. After that, the cartridges were removed from the kitchen, where they were kept. Deceased had always been very considerate towards accused, who had threatened the former. Once he had snid, while excited, "T will kill mv faiher some time." Witness a?ked him why, and said his father was prood to him. He replied : "No; my mother told me he is a bad man." None of the occupants of the house could account for the finding of an axe in the house after thp tragedy, it, being outside when they retirpd. Evidence was given by Dr. Adams, who said deceased hnd been shot in v the neck, ancl thit death was instantaneous. Lionel Burston (Mr*. Nye's son), Vio]pt Nye, and the police also gave evidence, i