MURDER TRIAL

Evening Star, Issue 20633, 5 November 1930, Page 8

MURDER TRIAL

COLENSO PLEADS "MOT GUILTY 11 THE CROWN'S CASE [Pee United Press Association.] CHRISTCHURCH, November 5. The Lake Coleridge murder trial was opened in the Supreme Court this morning before the Chief Justice, when Alfred James Stanley Colenso, aged thirty-two, a labourer, pleaded not guilty to a charge that on September 3 he murdered Robert William Cockburn. , Mr Lascelles and Mr. Stacey appeared - for the prisoner, _ . Evidence was given on lines similar to that in the lower court. The Crown Prosecutor (Mr Donnelly), said that the Crown submitted that the accused shot Cockburn and meant to kill him. . After describing the general circumstances, Sir Donnelly said that the accused and his mate, Farquharson, were carrying swags, and they stopped about three miles down the Coleridge road and rested in a shingle pit. Cockburn later boarded a lorry, which passed the shingle pit and stopped about 50yds further along the road. Cockburn went back to the shingle pit, and that was the last seen of him alive by any persons other than the accused or Farquharson. At 2.10 p.m. Cockburn was found dead on the road with a bullet wound in his chest. It was apparent that death had come on him suddenly, because as he lay on the road he was holding a freshly-filled pipe in his right hand and a box o f matches in the other. The Crown’s first submission was the statement made by the accused himself on the day of his arrest. F rquharson, continued Mr Donnelly, would say that earlier in the day the accused and Cockburn went out together and returned for lunch. After the accused and Farquharson had left Cockburn caught them up at the shingle pit, whera Cockburn accused them both of stealing his billy, and demanded that they tip out their swags. When they refused Cockburn repeated foul language,Farquharson said lie had his back to the accused and Cockburn. when he heard a shot. “ There is no doubt,” added Mr Donnelly, “ that in the first place the accused shot Cockburn. They had had some row or argument prior to the shooting. The accused pointed the rifle a t Cockburn and 'undoubtedly shot him. These facts are perfectly simple and almost undisputed. lam bound to submit to the jury that there is nothing in the accused’s or Farquharson’s evidence to justify the shooting of this unfortunate man, nor in any way to excuse it. “It is submitted that the accused shot Cockburn and that the proper inference is that the accused meant to kill him, and that the whole of the facts are that the accused committed the crime of murder. It is necessary, for the protection of the public that violent acts with firearms must ho put down.” „ , „ , Arthur Edward Crawford Farquharson, Colenso’s companion, who had been ill, was allowed to sit on a chair in, the body of the court while giving his evidence. He repeated the statement ho made in the lower court as to his meeting with Cockburn. Among the vanous exhibits lying on the floor of the court witness identified a rifle and swag, the latter containing a _ billy, carried by Colenso. Witness said he and Colenso were sitting in the pit when Cockburn came up. Cockburn accused both men of stealing his billy, but he was given a denial. He then turned round, and, using bad language, called witness and Colenso liars. Both men stood up, and Cockburn said they would have to tip out their swags, but this they refused to do, saying they had nothing of his. Cockburn then used more filthy language. He seemed to be getting very angry, and the accused, who was holding a rifle in front of him with his arms extended below his waist, stepped a little further away from Cockburn, making the distance between them four or five yards. Witness had his back to the other two while he bent down to do up Ins bag. Witness heard a shot, and- when, he turned round Cockburn was practically on the ground, and the accused was still about the same distance from him. Witness heard Colenso say that he would defend himself. Cockburn was threatening the accused.] Farquharson was examined at length by the defence. Mr Stacey: Did you notice anything strange about the way Cockburn was looking at Colenso? —Certainly he was staring at him. He could not keep his eyes off him. Did Cockburn say to Colense, That is no good, there is something wrong somewhere when you go on like that ? Yes. Do you remember seeing Colenso filling the mazagine?—No. You. remember him putting a bullet in the breech of the gun when he sat down in the pit.-—Yes, but I could nob sav if the magazine was full. Witness said Colenso told him he had cocked the rifle on the chance of getting a rabbit across the valley from the gravel pit. Detective-sergeant Young said that the clothing on the chest of Cockburn was saturated with blood, but there was no sign of charring. He described the arrest of the two men, near Cass. When Colenso was charged with the murder of Cockburn he said: “Will they hang me for it? ” To Mr Stacey witness said that the statement was given without any, pressure. ~ The court then adjourned for lunch*