DEATH SENTENCE

Grey River Argus, 28 May 1935, Page 5

DEATH SENTENCE

ON PRICE HAWKE’S BAY MURDER Tense Scene in Court PREMEDITATION NOT PROVEN. (Per Press Association). HASTINGS. May 27. A crowded courtroom heard the sencnee of death passed upon Charles William Price, when, after, a retirement of a little more, than an hour, the .jury returned with a verdict that he murdered Evelyn Alary Madden. Prive was not visibly moved when ’.he verdict was returned against him, nor did ho appear to suffer any stress .'.hen donn : ng the black cap. Air Justice Blair pronounced the sentence. The only sign that he showed of emotion was that, when asked if he hrd nothing to say why the sentence should nol be passed upon him. ho almost shouted, “No!’’ There was a most intense atmosphere in 'hi* courtroom while the jury were absent, and during the five minutes which elapsed between the jury’s return and His Honour'e entry into the chamber. All attention was focussed on Price as the sentence was pronounced, and there was a little murmuring. A slight buzzy murmuring broke out when, after P ice had boon removed. His Honour addressed the jury, and granted them seven years’ exemption from jury service. The whispering repeated the phrase “Seven years’’’ all round the courtchamber. but silence was restored by a cry from the court orderlies. Few people had bothered to leave the courtroom during the jury’s absence. Evidently an early verdict was expected.

XVhen Price had been removed from the dock the Foreman of the jury announced tha* the jury wished to recommend that the work of Detec-tive-Sergeant J. Bickerdike, Detective B. Farquhnrson, and neting-Deiective IT. F. Coddington should be placed on record for the manner in which they had placed the case before the jury. His Honour commended the manner in wh : ch the defence had been con ducted, and said that Air Averill and hiq associate, Air O'Dowd had nothing with which to reproach themselves Air Averill’s closing address had been admirable. TTis Honour said he had closelv watched the defence, and. so far as he could see. counsel had no* made a single mistake. MR AVERILL'S ADDRESS. NAPTER|. May 27. The hearing of the murder charge against Price was resumed this morn ing. Addressing the jury, on behalf of the prisoner, Air Averill sa'id that Price had done all he could as an innocent man. He had gone into the witness box and told his story. According to many witnesses, accused had a kindly and was therefore nut a person to commit murder. Dealing with <thc alleged weapon. Air Averill said that W.b‘ furthest the Crown would go was to say a piece of wood was probably the but counsel contended that if the .jury found death was not caused by the wood, accused must be innocent. Air Averill claimed that the actions of the accused never suggested guilt. CROWN PROSECUTOR’S ADDRESS. In his address to the jury, Air Lusk pointed out discrepancies in Price’s story to the taxi driver as to the reason 'hat he took the girl info the paddock. The accused said, in evidence. that there had been no talk of Hollis’s until they sal down; but ho had told the taxi driver when he left that he was taking her to Hollis’s. lie also told the taxi driver that he had left her al Hollis’s, but he, in his evidence, said that when she walked oil, that was the last he had seen of her. “This' one fact is certain, ’’ ho continued. “The accused was the last person to be alone with Miss Madden while she was alive. They were together there—not far from where her body was eventually discovered; and. naturally, an explanation is required from the accused.

‘‘Price, said that ho was fond of the girl, but he doos not even follow the girl when she leaves him. The man who committed the crime certainly took her money! There was not a copper left in her purse—not a penny for her to got back Io town with. Everything wa s gone! The question is. who was the man who got a wav with it?

“Air Averill suggested that another man may hrtve come on the scene and wavlaid and murdered her.’’ said Air Lusk, “but it must bo remembered • fiat The place whore her body was found was not oven in the direction Hollis’s, whore the accused stated Lu left her.”

“It has never boon suggested that there was premeditation,’’ Air Averill said. “This man never would have taken out this girl in a taxi cab in order to commit this crime. The fact that he disclosed who ho was entitles us io swallow all that to show that the accused did not premeditate the crime. I do not suggest that it was premeditated up to the time of the a<cusod and the girl disappearing from ’ho view of Guild.” Price, said Air Lusk, took charge of Miss Madden’s suitcases, knowing she was left in the hackblocks with no • lathing other than that she was wearing. He never made any enquiries as Io what became of her. There was nothing to suppose, if she turned up, whore her suitcases were. JUDGE SUMS UP. His Honour). in. summing up, said that if there were a, sot of circumstances capable of giving two inferences—one of guilt and one of the innocence of the accused person—then the jury was hound to give the accused the benefit of the doubt. Tn traversing the evidence,, His Honour said that there was no ovid- ; once of premeditation right up to the point where the accused left Guild’s motor-car at the Ploughman’s Camp, on tho backward journey. Guild’s statement that Price had said that he was taking the girl Ito Hollis’s was denied by the accused. If the jury accepted the evidence of Guild, that was in favour of the Crown’s ease. Or the other hand, if ithey accepted

Price’s statement; then it was of i.o help to the Crown. Next it was for the jury to consider wluvt importance they attach to Price’s taking the girl to Hoillis’s by way of the paddock. The jury themselves had seen the locality, :nd it was for them to consider whether '‘.he fact that it was a lonely spot was of any significance. According to Guild, the accused told him that the girl was staying with

Hollis, who would take her to the’ Lain the following morning said His Honour. The Crown claimed that Brice said what he knew to be untrue. On the other hand, Price claimed tha;by Hollis’s he meant the Hollis pro porty. and not the Hollis homestead, and he denied saying that Hollis would drive 'the girl to the train next morning. It was for the jury to say which of these two versions they would accept. Regarding Price’.- wet feet when he returned, to the car, Ills Honour said that he did not think that the Crown .-suggested thait was the result of hiii pushing the body into the waiter but of his having returned to the road by traversing country near where the body was found. The jury had heard evidence as to how Price accounted tor blood on his coat and it was for them to say how much, or how li'ttilc, value they placed on that evidence.

On February 7th he saidt, the evidence showed that the accused took possession of the girl’s cases, and 'the <frown relied on that fact to show that Brice 'thought that nothing more would be heard of the girl. The weight to be placed on that evidence —‘they had heard the accused’s explanation—was entirely a matter for ithe jury. Passing to statements the accused had made to the police, His Honour yaid that the accused had been drink-* ing gill, and had made a start on methylated spirits, but that drink had been taken at 11 o’clock in the morning, and the statement was given at 4 o’clock in the afternoon. The statement up to the journey wish the girl was accepted by the police as true, and the statement relating to the journey to the locality with the girl comprised mis-statements'. “In nil fairness to the accused, I am bound to sav that the Crown has not established premeditation on the part of the accused.” His Honour added', “so far as the state of 4 be ginl’s disarranged clothing is coiiociaed, the jury must remember that they are trying a case of murder—not one of rape—and. the condition of the girl’s clothing could only he evidence as ‘to motive.’’ The jury retired at six minutes past four, and returned at five fifteen with the verdict of guilty.