MURDER TRIAL

Evening Post, Volume CXVI, Issue 105, 31 October 1933, Page 10

MURDER TRIAL

GREY LYNN TRAGEDY

THE CROWN CASE

(By Telegraph.—Press Association.) AUCKLAND, October 30. The trial of John Hubert Evans, who is charged with the murder of Mrs. Christian Cunningham at her home at Grey Lynn on August' 16, was continued this afternoon.

The Crown Prosecutor (Mr. Meredith) described the retuiHi to the house of the daughter, Joyce Cunningham, who found her mother and the accused lying on the floor injured. Assistance'was obtained, and both were sent to hospital, where Mrs. Cunningham died, while the. accused later recovered. Mr. Meredith said there were no signs of a struggle. When Mrs. Cunningham was attacked she must have been first struck on the head by some blunt and round instrument. In Edwards's hand was tightly grasped a razor, no doubt the razor with which Mrs. Cunningham's throat had been cut. It was quite clear that the unfortunate woman had been struck several severe blows on the head by a round, blunt instrument, but a search of the room and the neighbourhood had failed to reveal the instrument.;

On a writing pad found on tho gas meter in the hall, said Mr. Meredith, was a message in tho handwriting of Edwards. The message read: "Lovers, we die together—the death psct." The note was signed "Jack Edwards" and '' Mrs. Cunningham,'' but the signatures were both written by Edwards.

No doubt the "defence would raise the question of insanity, but the law upon the'question was,that every person who committed a crime was deemed to be sane until the contrary had been proved, and this was for the defence to prove. Edwards was apparently a man of fairly violent temper, and it was quite clear that on the morning of the tragedy Mrs. Cunningham had given him a good dressing down.

"The only suggestion there can be is that ho lost his temper, lost control of himelf, and committed murder,'.' said Mr. Meredith.

Evidence on the lines of counsel's opening address was given, and the hearing was adjourned.

AUCKLAND, This Day.

The trial of John Hubert Edwards, who is charged with murdering Mrs. Christina Cunningham, was continued today.

Evidence was given by Constable Williams, who was on duty at the bedside while the accused was in hospital, concerning statements made by him at various times. Edwards had said: "I was no coward. I killed the woman I loved. I had a nervous breakdown about seven months ago. It is a terrible thing when a man is in a state lite that and he does not know what he does. When I went down to the house that morning something led mo there. When I did it something seemed to snap. When a man is in? sane he does not know what he is doing. No, I'll plead not guilty to his Worship."

Cross-examined after recounting these and other remarks, witness, said he did not think anybody else heard any of the statements which were made prior to Edwards undergoing an operation.

Constable Howe gave evidence concerning other statements. He said that Edwards spoke several times of a nervous breakdown and said he had no sleep for ten weeks. His conscience was clear, as he remembered nothing about it.

Another constable' said that the accused told him he would be better dead. On August 26 he said, "I am as sane now as I have ever been in my life." He also said that his eifrse would be on all who were jeering at him. At another time he said, "I forgive everyone. When a mdn has a breakdown he does things he would not otherwise do." Something went in his head.

A detective said that no trace had been found of the instrument used to inflict the injuries on, Mrs. Cunningham's head.

"A NEW MESSIAH."

Opening tho case for the defence, Mr. Hall Skclton said he did not doubt that the Crown had proved Edwards responsible for the killing. Tho question for the jury was whether at the time the accused was insane. The vital facts to bo considered were that there was an absence of motive, no concealment of the crime, and no attempt to escape. Numerous witnesses would be called to show the type of man the accused was before tho offence. There would bo evidonce that he once had a fantastic idea that ho was a new Messiah and that because- of his queerness many people thought him a shell-shock case.

Evidence is being called on these

Two fishermen, Bert Jensen, of Breaker Bay. and Bob -Wilson, of Turakina Bay, left Breaker Bay in a rowing boat at about 6 o'clock last night to pick \ip a net. While they were out "a strong north-wes-terly gale .sprang up, and as the men were last seen off Palmer Head, it was feared that they might be washed out to sea. Some anxiety was felt for their safety until they arrived at Tui'»kiti» Bajr b«tw«en 8 and 9 «'ele«k.