MURDER TRIAL

Greymouth Evening Star, 31 October 1944, Page 6

MURDER TRIAL

boy killed on farm,

WELLINGTON, October 30.

Douglas Fraser, a farm labourer, aged 48, was charged in the Supreme Court to-day before Mr. Justice Johnston with the murder of Peter James Louis, at Tyneside Station, near Masterton. on July 27. Mr. W. H. Cunningham appeared for the Crown and Mr. R. Hardie Boys for the accused. Mr. Cunningham said the facts were that Louis, a boy of 17, was done to death with an axe., and there could be very little doubt that accused was the person who used the ax.e to kill Louis. Accused had taken drink before the incidents that led to the death of Louis. The law was that drunkenness was no excuse for committing a crime. However, where intent was an essential element of crime, and the evidence showed that the accused had reached such a stage of intoxication that he would be incapable of forming intent, he could not be' convicted of that crime. If, in this case, the evidence was that accused was so beastly drunk that he could not have known what he was doing, and in this state he killed the boy, it would be manslaughter. That condition did not altogether appear to arise in this case. The killing was committed on a farm owned by Mr. lan Alistair Macrae at Tyneside, some 20 miles from Masterton. Accused had been in Mr. Macrae’s employ for about four months before the date of the killing. The owner lived in the homestead, and there was a whare for the hands some 400 yards from the homestead where the men slept. For the greater part of the five days before the tragedy accused was engaged in a drinking bout. 1 - He was greatly improved on July 27. Mr. Macrae, who was going away for the day, gave him work to do near the homestead. When Mr. Macrae arrived home late that night there was a light in the whare. He was just getting into bed when he heard a noise, and met the accused in the kitchen. The first thing the accused said to Mr. Macrae was: “I’ve killed Peter,” Mr. Cunningham continued. The accused then said he had seen a snake going up the wall and struck at it with an axe. He hit Peter Louis, and then, said Mi’. Cunningham, he added: “1 gave him two more as I didn’t want him to suffer.” " 4 Mr. Macrae took the accused into the sitting-room and talked with him, and then telephoned a doctor and the police. After the police arrived they went to the whare. The body of Louis was lying on his right side in a natural position. There was a gash in his temple above his left eyebrow, and two wounds in the back of his head. On the floor was a blood-stain-ed axe. There was no evidence of any struggle. Dr. P. P. Lynch, who conducted a post-mortem examination, would say that the boy had lived for at least an hour after being struck. There was no evidence that the axe was used indiscriminately. Evidence was given by Macrae, who said Louis was a very quiet, good, intelligent boy. Cross-examined, witness said the boy was on the very best of terms with the accused. It was actually the boy who got accused the job. Accused was an excellent worker before he went on o drinking bout, nnd had not been off the station since arriving four months and a half earlier.

STATEMENT TO POLICE.

Senior-Detective W. Kanes, stationed at Masterton, gave evidence that when he and a constable arrived the accused said: “I killed Peter with an axe. I thought I saw snakes. I was hitting at the snakes, and hit Peter. I gave him two more as I could not see him suffer.” At 11 a.m. on July 27 the accused made a statement that he had been drinking for about a week, mostly beer, except for a few nips of brandy. He had got through a window at the homestead the previous day, and consumed brandy and apple cider. He went to bed at 8.30 pan., but woke up about half-an-hour later and had a cigarette. Then he saw snakes climbing up the wall oi his room. He thought he saw one go into Peter’s room. He thought he saw a snake climbing up the wall above Peter’s head. He smacked at it, and missed, and caught Peter on the side of the face. Peter did not speak. He just gave a gasp and, realising what he had done, the accused gave him two more to finish him, so that he would not die an agonising death. The evidence of Dr. Lynch concluded the case for the Crown. Mr. Boys, opening to the jury, said evidence would be called to show that at the time of the alleged murder accused was suffering-from some form of mental disorder, which would make him- incapable of understanding the nature or quality of his act. The first witness for the defence, Dr. T. G. Gray, Director-General of Mental Hospitals, said that with Dr. Lewis, he examined accused on July 27, August 8, and September 25. In his opinion, the accused was not a mental defective. When examined 15 hours after the alleged offence, accused was in a condition of delirium tremens from which, in the opinion of witness, he was suffering at the time of the alleged offence, when he was suffering from mental disorder to 'such an extent that he was incapable of understanding the nature and cause of his action. . Accused, in the opinion of witness, was suffering from a specific delusion of seeing snakes and other crawling things. The Court adjourned until to-mor-row.