STOREKEEPER'S DEATH

Evening Post, Volume CXXV, Issue 28, 3 February 1938, Page 6

STOREKEEPER'S DEATH

MURDER CHARGE

THIRTY WITNESSES HEARD

(By Telegraph—Press Association),

TIMARU, February 2.

Further evidence was heard in the Supreme Court today in the case in which Randall Reginald David Smith, aged 26, labourer, is charged with the murder of William Gaby at Arundel on September 10. Robin Gordon McDonald, labourer, Alford Forest, said that on September 7 he saw the accused and discussed a wood-cutting and logging job at Alford Forest. Witness gave Smith 4s when he asked for a loan of 2s 6d. The pair went to Alford Forest; next day, and after looking the job over, it was decided to undertake the work. Witness returned to Christchurch that evening, the accused remaining in Methven. They were to meet in Christchurch as soon as Smith could borrow his brother's truck to travel in. Witness gave the accused £1 towards expenses to Alfofd Forest, but dropped him at Methven. . On the return trip he saw the accused, also on the following day, when he took him to Alford Forest. He had not seen him since. Acting on instructions he called for the accused at his boarding-house on September 11, said Leslie Eates, taxidriver. His fare asked to be driven to a men's outfitter. Matthew Donovan, salesman, employed by.S. G. McClelland, men's outfitter, Timaru, said that Smith called at the shop. He said he had about £6 to spend, and he wanted a complete outfit. He bought certain garments, which witness enumerated, and left the discarded clothes and an empty box. Smith called at the Hotel Central, Dunedin, on September 10, and asked for" a room, said Mary Devaney, manageress. There was not one available, and she rang the Leviathan Hotel, and the accused,, who said his name was Leckie and that he had come from Timaru, said he would take the accommodation offered there. The accused visited his store on September 13, said Gordon William McHardy, storekeeper, at. Seacliff, and purchased several articles. He paid for them in silver. The accused said he had a cheque. He asked witness to cash it. Witness cashed the cheque, which was made out to Jack O'Brien, and was signed Dave Bell. : The cheque was identified by James Daniel McKechnie, manager of the Bank of New Zealand, as being one contained in a cheque book supplied to Gaby on May 11, 1937. When the Court resumed after lunch, Hugh .Harkness Pattison stated he saw the accused in the vicinity of Gaby's store on the evening of the murder. Lights were then in the shop, b^ut were out at 9.30. FINDING OP THE BODY* Charles Goodwill Johnson described a visit to the store on the morning of September 11. He found Gaby lying dead on the kitchen floor. The body was fully clothed and the feet were tied with a bootlace. Constable Callanan, Geraldine, described the scene at the store arid the position of the body. The ankles were bosely tied with abootlace and a loose, lace lay across the ankles. There was; blood on Gaby's head and on the floor. Also on, the floor were some sweets; and a sixpence.l; . ;. Detective-Sergeant E. Thomas said Gaby's hands were tied behind his back; with a new chrome bootlace. One end was tied lightly round the left wrist and the other end was around the right wrist in a loose knot. The ankles were also tied with a bootlace, which would not' go round each ankle, but was tied in a loose knot at the back ot the legs. A third lace was lying loosely over the back of the legs just above the ankles. The.back of Gaby's coat had dirt on it, and appeared as: though it had been dragged. Just outSide the back door there was a box which had been used as a doorstep. Across this box and over the doorstep and across the floorboards to the left toe.of the body there was a fresh-ly-made mark which appeared to have been made by the toe of one of Gajjy's boots; Witness described finding money in the till and on the floor of the shop. ' :> Evidence as to finding money and a coat in a boarding-house in Timaru where the accused stayed, was given by Constable Watt. Several photographs taken at Gaby's store by Constable J. Kearton, ■Christ church, were produced and explained! During a break in this witness's evidence the Court adjourned. ■ Thirty witnesses were heard during the day and the case will probably conclude tomorrow. The evidence was almost identical with that given in the Lower Court, except that the defence admitted ownership of the bootlaces with which Gaby was tied up and a lucky clock charm found on the floor of the store, and evidence concerning these will not be called. •