TRIAL BEGINS

Gisborne Herald, Volume LXXI, Issue 21549, 31 October 1944, Page 4

TRIAL BEGINS

CHARGE OF MURDER DEATH OF 17YEAR YOUTH THE TYNESIDE TRAGEDY (P.A.) WELLINGTON, Oct. 31. Douglas Fraser, aged 48, farm labourer, faced a charge of murder in the Supreme Court yesterday arising out of the death of Peter James Louis, aged 17. at Tyneside station, 17 miles from Masterton. on July 27. He pleaded not guilty. Mr. Justice Johnston was on the bench. Mr. W. H. Cunningham appeared for the Crown and Mr. R. Hardie Boys for the accused. Mr. Cunningham said the facts were that tiie deceased, a boy of 17, was done to death with an axe and there could be very little doubt that the accused was the person who used the axe to kill the deceased. The accused had taken drink prior to 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 a crime and the evidence showed that the accused had reached such a stage of intoxication that he would be incapable of forming intent, lie could not be convicted of that crime. If in this case the evidence was that the accused was so beastly drunk that he could not have known what lie was doing ancl in this stafe he killed the boy it would be manslaughter. That condition did not altogether appear to arise in this case. The killing, Mr. Cunningham said, was committed on a farm owned by Tan Alistair Macßae at Tyneside, .17 miles from Masterton. The accused had been in Macßae’s employ for aboUt four months prior to the date of the killing. The owner lived in the homestead and there was a whare for the hands some 400yds. from the homestead where the men slept. For the greater part of five days before the tragedy the accused was engaged' in a drinking boiit. He Was greatly improved on July 27. Macßae, who was going away for the day, gave him work to do near the homestead. When Macßae 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. “I’ve Killed Peter” The first thing the accused said to Macßae was, “I’ve killed Peter,” Mr. Cunningham continued. The accused then said he had seen a snake going up the wall and struck at with the axe. He hit Peter Louis and then, said Mr. Cunningham, he added, “1 gave him two more as I don’t want him to sufi'er.” Macßae took the accused into the sitting-room and talked with him gnd then rang a doctor and the police. Alter the police arrived they went to the whare. The body of Louis was lying on its right side in a natural position. There was a g'ash in the temple above the left eyebrow and two wounds in the back of the head. On the floor was a blood-stained axe. There was no evidence of any struggle. Dr. P. I’. Lynch, who conducted the post-mortem examination, would say that the boy had lived for at least an hour after being struck. There was no evidence that an axe was used indiscriminately. ....■ Evidence was given by Macßae. who said that Louis was a very quiet. good, intelligent boy. , . Cross-examined, the witness said the boy was on the very best of terms with the accused. It was actually the boy who got the accused the job. The accused was an excellent worker before he went on the drinking bout ancl had not been off the station since ariving 41 months earlier. “I Thought I Saw Shakes” Senior-Detective W. Kanes, station; ed 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 snakes and hit Peter. I gave him two more as I could not see hint 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 the window at the homestead the previous day ancl consumed the brandy and some apple cider. He went to bed at 8.30 p.m., but woke up about, half an hour later and had a cigarette. Then he saw snakes climbing up the wall of 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 caughl Peter on the side of the face. Peter never spoke; he just gave a gasp and. i eaUsing 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 that evidence would be called to show that at the time of the alleged murder the accused was suffering from some form of mental disorder which would make him incapable of understanding the nature or quality of the act. The first witness for the defence,, Dr. L. F. Grey, director-general of meiital hospitals, said that with Dr. Lewis he examined the 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 the accused was in a condition of delirium tremens, from which, in the opinion of the witness, he was suffering at the time of the alleged offence, when he was suffering from a mental disorder to such an extent that fie was incapable of understanding the nature and causes of his action, The accused, in the opinion of the witness, was suffering from the specific delusion of seeing snakes and other crawling things. The proceedings were adjourned until to-day.