EX-FIANCEE’S EVIDENCE

Evening Star, Issue 23013, 19 July 1938, Page 13

EX-FIANCEE’S EVIDENCE

HENLEY MURDER .RIAL CASE AGAINST PARKS DECEASED'S MOTHER UNABLE TO TESTIFY Evidence of her association with tho accused during their engagement was given by Frances Amelia Lee yesterday afternoon in tho Supreme Court, when the trial before Mr Justice Kennedy was continued of Eric Sandagger Parks (28), who is charged with the murder of Frances Amelia Lee, her mother, on the night of April 14, at Henlev. Mr F. 13. Adams is conducting the case for the Crown, and Parks is represented by Mr C. J. L. White, with him Mr J. B. Thomson. Before he gave his evidence, Dr E. F. D’Ath, at the instigation of the Crown Prosecutor, said that he had examined one of the witnesses, Sarah Erickson, the mother of the deceased, and she was suffering from acute hysteria. This witness, said Dr D’Ath, would not be fit to testify, being unable to answer questions intelligently. She was prostrate, and was unfit to travel. Mr Adams said that because of these facts the court would, if there was no objection, use her depositions at a later stage of the trial. Mr White ottered no objection. DECEASED’S INJURIES, Dr R. Wylie, of Outram, continued his evidence. He said that when he first made an examination of the deceased’s body he did not distxirb it or anything else in tho room, hollowing the arrival of Chief-detective Young, witness made a further external examination of the deceased. There was no sign of any disturbance in the room such as might be caused by a struggle. The body was reasonably well nourished, and was lying in bed on its back and a little to the right. There was a hot water bottle, not quite cold, lying at the feet of the deceased. The upper part of the bed was soaked with blood, and there was a pool of blood under the bed. The biggest portion of blood was to the deceased’s right. There was a Sound depressed fracture of the , roughly circular in shape, about 3J-in in diameter and situated about sin above .the bridge of the nose. The appearance of the injury suggested that the head might have been struck by a flat surface with a rounded outline. It might have been caused by the sledge hammer. The opinion of witness was that death had occurred from six to 12 or 14 hours prior to his first examination, his .view being based on the lower limit of rigor mortis and the degree of cooling of the body. It was his opinion that death was duo to a compound fracture of the skull, severe laceration of the brain, and profuse hemorrhage. After the blow was struck it was the contention of witness that Mrs Lee was never conscious. The probability was that the deceased was asleep when the blow was struck and never moved afterwards. Dr Wylie was cross-examined by Mr White, and he said the position of the body also suggested Mrs Lee may not have been asleep when the blow was struck.

FURTHER MEDICAL EVIDENCE. Dr Eileen,,; Nora Chapman, assistant pathologist at the Otago Medical School, Ivhh'TSarried out a'post mortem examination of the body, described its position when she went to Smith’s farm house and the extent of the wound. There was blood on the right of the body, she said; and also splashes of blood on the wallpaper to the right of the bed, which was also splashed with blood. The body was clothed in a singlet and nightgown. She considered the deceased had been. dead from 10 1° 10 hours. The injuries could have been caused by a sledge hammer. In her opinion death was due to shock and hcemorrhage due to severe cerebral injuries. Witness described the result of a post mortem conducted next day by her, and said there were three wounds. Two of them were slightly to the left of the left eye. There was a further depressed wound just above the left eyebrow, and an extensive depressed fracture at the vault of the skull. The witness gave further details of her examination, and said one blow of the sledge hammer could result in all the wounds and bruises. Such a blow might not cause instantaneous death. She thought there would be deep unconsciousness, and that the deceased would live for a few moments. The position of the body was consistent with the view that Mrs Leo had not moved after being struck. Dr E. F. D’Ath, professor of pathology at the Otago Medical School, said that on April 24 he received from Chief-detective Young a sledge hammer, a cornsack, a suit of clothes, and an overcoat. . Ho inspected these articles and could find no blood stains, except on the hammer. There were fine human hairs on its side, and conditions pointed favourably to them belonging to the deceased’s head. From the evidence of the two previous medical witnesses he was of the opinion that death had occurred from 10 to 16 hours prior to the examination of Dr Chapman at 11.30 a.m. on April 15. Assuming that tbo body was lying in the same position described by the medical witnesses, and that the blow was dealt by the sledge hammer, he did not think the noise of the blow could be heard outside the room. To Mr Thomson, Dr D’Ath said that one of the recognised after-effects of gas poisoning of a severe form was a loss of memory in a variable form. DISCOVERY OF ACCUSED. Dr Marion Whyte said that on April 15 she was called to 24 Willowbank about 10 a.m. There was a young man (the accused! lying in bed in the corner of a room. There was a strong smell of gas. The condition of the man was grave and he was near death. The necessary treatment was given by witness, arid the condition of the man (who was unconscious) improved to a degree when ho could be sent to the Hospital. The appearance of the accused was consistent with him suffering from gas poisoning. Detective Brown, official police photographer, identified photographs of the scene of the tragedy as those taken by him, and William Seaton Boyes, a cadet in the Lands and Survey Department, produced plans of the locality of the farm at Henley. MISS LEE IN BOX. Frances Amelia Lee, 18 years of age, said the deceased was her mother, who had been housekeeper at Smith’s farm for about three years. Witness first met the accused about two years ago last May, and, later, commenced to keep company with him. The accused went to Port Molyneux and she worked at the Henley Hotel. The accused came from Port Molyneux and stayed for throe or four months at Smith’s farm, sleeping with him in the hut. lie was engaged in work on and near the farm. Witness was still working at the Henley Hotel when ho left to work near Balclutha, At the request

of the accused she left her employment at the hotel and went to stay at Smith’s. The accused then went to work at Milton, and later came to Dunedin, working at Hemsley’s cordial factory. Witness said she became engaged to Parks in September, 1937. Just before Christmas of that year she secured employment in a private hotel in Dunedin, and, following an accident caused through a fall, she was admitted to hospital in January, being discharged early in March. The accused paid several visits to her, and on one occasion there was trouble between them over something accused was supposed to have saicT to her employer about her. After several disagreements about this particular matter the accused said he would write to her employer and also to her mother. Witness objected. Parks and she were on quite friendly terms when she left to go to Henley with him following her discharge from hospital. After staying at Smith’s for the week-end accused returned to Dunedin, and later she received a letter from him referring to the incident concerning the hotel. In turn, witness wrote to Parks complaining about his interference. About the end of March she visited Dunedin with a half-sister of her mother, and met accused on her wav to her grandmother’s bouse in Maitland street. The next night (Monday) the accused went to the pictures with her, though he said he did not think she wanted him to go. engagement broken. The next night there was an argument between the accused and witness, and she told him he was very jealous. The argument arose over his interference. Parks refused to take back the engagement ring, and the next day the accused telephoned, and she met him outside Hemsley’s factory, and went with him to his boarding house at Willowbank, where there were some of her belongings. She gave him her engagement ring Later, there was a reconciliation, and he gave her back the rino-. Witness returned to Henley on April 7. On April 10 she again wrote to Parks (the letter being read by the registrar to the court) to the effect that their engagement was again broken. Witness said she came to Dunedin with Mrs Smith and her mother on April 13, but did not see Parks. The following day she was at home. The court adjourned at this stage till this morning.