DEATH SENTENCE

Grey River Argus, 27 July 1940, Page 5

DEATH SENTENCE

ON CARTMAN Waikino Murder Trial Ends AUCKLAND, July 26. In summing up in the Waikmu murder charge Mr. Justice Fanwarned the jury against allowing themselves to be influenced by various aspects of the case. It was necessary for the Crown to establish every fact essential to proving the charge of murder. The s am3~ rule applied in respect to the secondary charge of manslaughter. Mr. Henry, for the accused, had said that for the Crown to succeed it had to establish beyond the possibility of doubt that death was due to blows from a tyre lever struck by the accused; also that it was necessary to show that Mrs. Hamilton was alive when she reached Butler’s Hill in the cw. Both statements seemed to his Honour to be correct. On the other hand, a tyre Lever that could have inflicted the wounds was found 'onside the head, and was bloodstainea His Honour said that Doctor Gilmour’s evidence was supported in the main points by the other two medical witnesses, on the question that, at least two wounds were caused by a tyre lever. On all points relating to outrage, the medical witnesses were agreed. Three medical witnesses were agreed that Mrs. Hamilton was alive when the blows were struck, and it seemed to him that the able cross-examination of th e counsel for defence had not shaken them on that ooint. Respecting the criticism by the defence counsel that Doctor Gilmour had showed bias. Tiis Honour said a number of points which wer e in favour of the accused were mentioned or agreed to by Doctor Gilmour. As to the possibility of the blows being struck by anyone other than the accused, his Hcnour die not think the jury would have any difficulty in deciding that point when they had considered the circumstances. the admissions of the accused, and the possible motive.

Finally, his Honour instructed the jury on the legal requirements for a verdict of murder, that the person charged did what he did when in a state of mind to know what he was doing. In this case, the evidence showed the accused was aware of the nature of his acts. If th e jury did not find accused guilty on the main charge, they were entitled to bring in. if they thought) the evidence justified it, a verdict of manslaughter oy holding him guilty through negligent driving, of the deaths or Mrs. Hamilton and the boy Moran. The jury retired at noon to consider the verdict. ■ THE JURY'S FINDING. The closing stage in the trial of Douglas Herbert Cartman, miner, of Waihi aged 22 years, on the charge that, at Waikino, on April 2, he murdered Mrs Elizabeth Agnes Hamilton, was reached after 3 p.m. to-day in the Supreme Court. After a retirement of three and a half hours the jury returned with a verdict finding the accused guilty of murder.

Asked the usual question as to whether he had anything to say why the sentence of death should not be passed upon him, the accused did not reply. . Assuming the black cap, Mr Justice Fair pronounced the sentence ol death upon the accused. After the prisoner, showing no sign of emotion, had been led away, His Honour thanked the .jury for the care they had given the case, and excused them from further jury service until after the end of next year. He added that he was in agreement with the jury in the belief that the evidence conclusively justified the verdict arrived at. An expression of appreciation of the excellent work done by the police in their investigation of the crime, and of the complete and thorough manner in which the case had been presented to the jury, was also voiced by His Honour. He added his thanks to counsel for their capable conduct of both the prosecution and the defence.