MURDER CHARGE

Evening Post, Volume CXXV, Issue 28, 3 February 1938, Page 11

MURDER CHARGE

ARUNDEL TRAGEDY"

CROWN EVIDENCE

JURY MAY RETIRE TODAY

(By Telegraph—Press Association.)

, TIMARU, This Day. < The Supreme Court trial of Randal] Reginald David Smith, who is charged with the murder on September 10 oJ William Gaby, aged 73, was continued today. Rapid progress was made will) the trial yesterday, when 30 witnesses from a wide area were heard., It had been expected that the trial would last three days, but with the progress made yesterday and the action of the defence in admitting that the accused owned the bootlaces with which the de ceased was bound and the lucky charm clock which was found on the floor of Gaby's shop, proceedings have been considerably shortened, and it is hoped that the jury will be in a position to retire and consider their verdict late this afternoon. Continuing . his evidence, Constable Kearton said he took possession of various articles about the store, including a piece of wood with nail marks,. a box used as a doorstep, and a wooden platform which bore dragging marks. On September 28 he received from Dr. Thomson a pair of boots found in McClelland's shop. These he photographed, and / marks on them' were consistent wiUi the wearer of the boots having carried something heavy. Mr. Justice Northcroft: Were fingerprints searched for Witness: Yes. No finger-prints were found that were of sufficient value for identification purposes. There were marks which might have been made by gloves or by fingers covered by some material. Dr. ,C. S. Fraser, Timaru, said he conducted a post-mortem examination on the body of Gaby. There was a lacerated wound one and a half inches long and a quarter of an inch wide over the left eye. Witness, said he removed the skull, but could find no trace of a fracture.1 There had been hemorrhages of the brain, and he found an old adhesion of the right lung. An examination of the deceased's heart did not divulge anything that would have caused death. The cause of death, in his opinion, was concussion of the brain, caused by a blow over the left eye. The injury suggested a blow of a force such as might be delivered by a piece of firewood. Witness said he had had experience in pathology and had noted his exterior findings, but had not done so in connection, with his internal findings; All the organs of the body were in a natural condition. His examination showed no evidence of a gross disease that would have caused death. He was satisfied that death was due to con-, cussion of the brain. The heart was normal. , -,:..' Dr. E. F. Thompson, assistant pathologist at the Christchurch Hospital, said he concluded a post-mortem examination on the body of Gaby following the examination by Dr. Fraser. Assuming that Dr. Fraser was correct in his statement that the heart and lungs were, normal, he was of the opinion that the cause of death was concussion of the, brain and shock resulting from a severe.blow on jhe head! ■ • ■