DECEASED’S SISTER GIVES EVIDENCE IN TRIAL OF STUCK

Gisborne Herald, Volume LXXV, Issue 22707, 4 August 1948, Page 8

DECEASED’S SISTER GIVES EVIDENCE IN TRIAL OF STUCK

PAPARUA MYSTERY

(P.A.) CHRISTCHURCH, Aug. 4. The trial before Mr. Justice Fleming In the Supreme Court of William Albertus Ivan Stuck, aged 40, butcher, on a charge of murdering Bertha Bessie Amy Day at Paparua on May 14 was continued yesterday. The Crown Prosecutor, Mr. A. W. Brown, with him Mr. W. G. P. Cunningham, is appearing for the Crown, and Mr. G. I. Joseph, Wellington, with him, Mr. E. M. Hay, is appearing for Stuck.

Trail In the Grass A grader driver employed by the Paparua County Council, Thomas William Ellis, said that on May 14 he saw a man and woman each carrying something in the paddock where the body was found, but took little notice. He heard no sound of a shot. Senior-Detective F. J. Brady described the' finding of the body in the trench. To Mr. Hay (for the accused) he said that to the spot where the hair-net and comb were found a trail as of something having been dragged along the ground was plainly visible in the grass. From there to the grave some attempt to conceal it appeared to have been made. Detective Thomas Thomson said that he interviewed Mrs. Jean Maude Smith and later took a shovel (produced) from the shed at the rear of her home. He also recovered from Clark a rifle and shot-gun. When examined at the detective office the shovel showed signs of having been used shortly before in sandy soil, and grains of sand were also found on the barrel of the rifle. The shot-gun was clean. A member of the police party who boarded the Hinemoa in Wellington Harbour on May 16, DetectiveSergeant George Colin Urquhart, said that he obtained luggage checked through to Auckland in the name of “I. Stack.” In a suitcase containing a man's clothing he found a pair of blood-stained trousers. Statement Signed By Accused Detective-Sergeant Urquhart produced a statement which he said the accused had made and signed. In it the accused said he and Day went rabbit-shooting. The statement continued: "We got to a fence. Betty went to get through and was stooping with one hand on the rifle through the fence. She seemed to get caught up in the fence and I went to pull a barb out to release her and my gun went off. I had been walking with the hammer of the gun up. When the gun went off Betty fell forward and I put my gun down and jumped through the fence and saw she was dead. “As I did not know how I was going •to explain it I got a shovel from the car and dug a small trench. I carried her and laid her in it and covered her up. After covering the body with earth I got in the car and returned it to the rental garage. I returned the rifle and gun to Clark’s place and the shovel to Betty’s. I stayed at Betty’s place that night, and next day, May 15, I left on my way to Auckland.” Woman’s Association With Accused Mrs. Jean Beatrice Maude Smith said that her sister, Bertha Bessie Amy Day, was known as Mrs. Stack and was 27 • years of age. , The witness told the court of her sister’s associations with Stuck. In December, 1947, she said, the accused and her sister came to live in Christchurch. On April 25 the accused said he 'was thinking of going to Australia and he spoke of it several times later. The witness asked her sister what boat they were going on and her reply was that Ivan told her it was the Mountpark. “The accused gave up the tenancy of the flat on Thursday, May 13,” said the witness. ■ “They ariyved at our home at 09 Linwood avenue about 12.30 a.m on Friday, May-14, to stay until they were to leave for the north. On the Saturday night they came in a rental car, the accused driving. “After breakfast on the Friday the accused and my sister took my father-in-law to the station, where he was catching the train. The accused nd my sister came back at 9.30 a.m. and they both left again at 9.50 a.m., mv sister hurrying to get to her hair appointment by 10 a.m. “I had asked my sister what she was going to do that afternoon and she said she had Ivan s shirts to iron, a skirt to press, and a lot to do. There was no mention of them going rabbit-shoot-ing v/hen my sister left for her nair appointment on the Friday morning. That was the last time I saw her alive.” Returned Alone The witness said that the accused returned alone to her home at about 12.30 p.m. on the Friday. He told her that he and her sister were going to Dunsandel and he took away her sister's red shoes. The accused came back to her home at 5,30 p.m. He told her that her sister was staying at Dunsandel with the Hazeldines, who would bring her from Dunsandel y car or taxi. She noticed that the accused had blood on the left sleeve of his coat and on his left trouser leg. “He said they had gone out to see if they could get a rabbit, but they only a hare. He tried to get the blood off,” said the witness. "My mother-in law said. 'Give it to me. Men aren't much good at things like this. I wonder is this animal blood or human blood? I was alway taught that with animal blood you use warm water and with human blood cold water.' The accused said, "At the shop we always soaked our aprons in cold water.’ He seemed just as usual.” The witness said the accused stayed that night with them. He left by taxi about 2.30 p.m. on the Saturday. He put his white dog in the boot - of the taxi, She did not see the accused again before his arrest. .“At 11.30 p.m. on May 15 I Identified the body "of a woman as that of my sister,” said the witness. “The accused and my sister got on well together.” “Happy Atmosphere” To Mr. Joseph (counsel for the accused!, the witness said her sister had a green coat and it had only two buttons. She wore an imitation scimitar brooch- in the lapel. Every time she wore the coat she had the brooch on it. Mr. Joseph: Did you have regard for the accused? The witness: I liked Ivan. I had a lot of time for him. Did you ever see him exhibit sigruof bad temper?—No, not more than the normal good man. Have you ever seen him exhibit any distaste for your sister?—No, but they had their quarrels like everybody else. There was a happy atmosphere at their flat.

Did your sister ever show signs of being frightened of the accused? —Now and again when they were playing cards she would look at him to see if She had said the right thing, but that might have been my imagination. In reply to further questions by Mr. Joseph, the witness said her sister never seemed short of money. She never complained, except one day she said: “He’s a bad-tempered so and so.” Her sister was not working in Christchurch. She just kept house at the flat.

I To Mr. Brown, the witness said she ! did not know Stuck was a married man 1 but she often thought he was. She honestly thought her sister thought she was going to Australia, j Flat Let to Accused Mrs. Alice Ruby Clark said that the flat at her home at 215 Peterborough street was let to a Mr. and Mrs. Stack. Stack was the accused. She knew they were going to Australia, and on the night of May 12 she and her husband gave a farewell party to the Stacks. The witness remembered the Stacks going out .shooting with her husband and her j bn one occasion. Neither the witness nor Mrs Stack did any shooting. To Mr. Joseph, she said the Stacks appeared to be ft devoted couple. Colin William Clark, factory hand, t said he knew the accused as Ivan Stack.

On Saturday, May 8. the accused borrowed a .22 rifle, a shot-gun and nine cartridges. He thought the accused said he was going to Waikari. The accused took away a shovel that was in the garage At this stage the court adjourned until today.