MURDER CHARGE

Greymouth Evening Star, 8 April 1932, Page 10

MURDER CHARGE

STORY OF ELOPEMENT. CAPE TOWN, March 24. The trial of Richard Mallalieu, 21, son of wealthy English parents, and brother of the member of Parliament for Colne Valley, has concluded, after lasting a fortnight. Mallalieu was found not guilty of the murder of Arthur Kimber, taxidriver, at Maritzburg on September 21, 1931. Evidence was given that Mallaleu came to the country as a settler, and undertook farming at Tarkastad. He eloped with Gwendoline Tolputt, daughter of a local doctor, in a motor car on which £250 was owing. He paid his hotel bills with cheques which were dishonoured and endeavoured to sell the car at Durban. Agents discovered that the car had not been paid for, and confiscated it. The couple abandoned an attempt to sail to England, for which purpose they had obtained passports in false names, and went to Maritzburg, where, on arrival, they had 5/4. It was alleged that they were the young unidentified couple who engaged Kimber on the night of the tragedy. Kimber’s body was found nine miles from Maritzburg, on the Durban road- The car was found in a public parkThe Judge acceded to the request for separate trials.

It was alleged that a cartridge case and a blue handkerchief marked “M” was found in the car. Among Mallalieu’s belongings was a pistol which could fire the cartridge found in Kimber’s car. An expert stated that the ejector marks and the firing-pin mark were similar to those made in a test. The handkerchief was identified by a washer-woman as similar to one belonging to a farmer at Tarkasta d. with whom Mallalieu had lived, and who had committed suicide with a pistol which the police afterwards gave Mallalieu.

Mallalieu denied the charge- He said that he and Miss Tolputt left the hotel on the night of the tragedy to take a lovers’ stroll and never saw ie handkerchief. He had delayed marrying Miss Tolputt because he was a minor, and disliked making a false declaration. He believed that the cheques would be honoured, as the bank manager knew he held a. promissory note for £6OO. Counsel for the defence emphasised the discrepancies in the ejector marks on the . cartridges. The Judge said that the Crown must stand or fall by a motive for the rob-

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