“MUST HAVE GONE OFF”

Evening Star, Issue 22954, 11 May 1938, Page 13

“MUST HAVE GONE OFF”

DEFENCE IN SWANSDN MURDER CASE TRAGIC SEQUEL TO QUARREL [Peb United Press Association.] AUCKLAND, May 10. _ The trial of Francis Borgia Spensley, aged 19, who is charged with the murder at Swanson on February 7 of his father, Robert Fitzroy Spensley, was continued in the Supreme Court this morning. The first witness for the defence was the accused. He said he was about four years old when his mother died. He and his father had lived in a “shack" at Swanson -or two years. He would work from perhaps, 5 a.m. —according to t.ie number of cows to be milked—-until sometimes after dark. His father, he said, generally was °£ 6°od temper, but when he “ got wild he became violent, and witness would be thrashed with a titri stick about as thick as a man’s thumb. At such times he went in fear of his father. Witness described the incidents which led up to his father’s death. The evening before the father went out, and when he came home he accused witness of having broken into a room which was kept locked. A heated argument ensued, as the result of which witness. received a thrashing with the same stick. The next morning he got up, milked five cows, separated, and came back. When he had got “ things going he went to tell his father. ,There were further words about the locked room. His father said he was going to thrash him until he (witness) told the truth. Witness lost his temper and said he was not going to stand it any longer. His father began to get out of bed. Witness was frightened, and picked up a loaded gun which was lying in the comer. He brought it up, and it must have gone off. Then he must have reloaded the gun and fired again, but he could not remember. Then he realised what he had done, was frightened, and did not know what to do. After further witnesses had been heard the evidence was concluded. Counsels’ addresses and the judge’s summing up will take place to-morrow.