MURDER OF FOUR

Grey River Argus, 16 February 1945, Page 7

MURDER OF FOUR

• CHILDREN FATHER PLEADS GUILTY Nelson Orchardist COMMITTED FOR SENTENCE P.A. NELSON, Feb. 15 The gallery of the Nelson Magistrate's Court was well filled this morning, when Alan Stuart James, 38, orchardist, was charged with the murder of his four children—-Alan Murray Stuart James, aged six months, Berwyn Christine Stuart James, aged three years, Corran Stuart James, aged five years, and Eleanor Mary Stuart James, aged seven years—and the attempted murder of his wife, Marjory Eleanor James. The charges were the sequel to a tragedy at Tasman on November 13 last year, when accused’s four children were found dead and his wife was found in a seriously injured condition. Mr. T. E. Maunsell, S.M., is presiding. The Crown Prosecutor is Mr. C. R. Fell, and accused is represented by Mr. W. VRout. Frank Janies Alack, an orcliardist, of Tasman, said he had known James for 20 years and considered him a normal decent sort of man. Accused’s house was about 200 yards from his. He saw James on the morning of November 13, when they discussed orchard work. Accused seemed in usual spirits: In the evening about 8 o’clock witness heard a dull thud coming from the direction of accused’s house. He put it down to accused’s children being more noisy than usual. It was approximately a quarter to eight. The thudding noise was repeated. Witness went inside to join his wife and shortly afterwards, perhaps five minutes, there was a noise at the front door. Witness went to the dooor an saw a female in white, shoeless, and with the upper part of her body covered in blood. He did not recognise her. ' She said: "See what Alan did to me” and something about the children. He took her inside. and sat her in a chair. He noticed. she had a broken arm. Witness communicated with the doctor and the police. ■ He did not know what state James was in and did not like leaving his wife, so he rang for a neighbour. Then witness’s telephone rang and James himself spoke, and he wanted to know whether Ins wife was at witness’s place. He said he had done a most terrible thing; he had shot all his kiddies. Accused said he would come over, but witness said' to James: "No firearms. Two can play at that game.” James said: “No. I promise you there will be no firearms. I am perfectly sane.” Witness sail I that Easton arrived, and while his son stayed at witness’s house, Easton and he went, over to James. As they approached the liou.se, James called out that he had his arms in the air, but witness could not see him, As he got closer he saw accused lying on the ground on his left side, with his right arm in the air. By the time-witness reached James, he was sitting up. Witness got behind him, and held him, not knowing what he might do. Accused kept repeating: ”f wish I could go half an hour back!” Presently accused told Alack the gun was in the workshop, and told him where the cartridges were. He asked witness to get them and put them.away. He gave' Alack an undischarged cartridge. Witness found the gtm, a single barrelled shot gun, in the workshop, and the catridges. Dr. P. C. Brunnette, Medical Superintendent, Nelson Public Hospital, said Nirs. James was admitted to the hospital at 12.55 a.m. on Novembet 14.' She was admitted in a shocked condition. She was’ conscious and was somewhat suffering from loss of blood. An examination disclosed multiple lacerated wounds of the scalp, contusions and abrasion on various parts of the body, and a compound fracture of the left lorearm, and these injuries were consistent with blows from a blunt instrument. The scalp wounds were severe, extending to the bone. A continuation of them might have resulted in death. She remained in the hospital for a month. She then had not quite recovered from nervous shock. Dr. W. B. Andrew, Medical Practitioner, Motueka, testified that he went to the house of Frank Alack, where he treated Mrs. James. At about 9.30 o’clock he went to the house of the accused. He had only a plimpse of James, who was talkative and excited. In the sunporch there was a cot, and in it the body of a male child. There was a gun shot wound under the right arm, and the child was dead. In another room there were another cot and two beds, in each of which was the body of a dead child. All the children had died as the result of gunshot wounds at extremely close range. In the case of the three younger children, witness thought all had been shot while asleep. The eldest child was lying on the right side, doubled up, with’ bed clothes drawn over the head. ... „ Another Medical Practitioner, Di. A. R. Green, of Motueka, said he had known accused for a number of years, and had attended his family ever since. Accused married Mrs. James, a somewhat fragile type, but, apart from throat trouble, she had been reasonably healthy. The accused was healthy, but was rather a nervous type. He had not to witness’s knowledge ever had a serious nervous breakdown. A short time before November he examined the accused for insurance and passed him for a first-class life. Mrs. James was rather perturbed at her com finements, as she had an idea ibai her throat trouble was worse at that time Sometime before November 13 accused saw the doctor and said he thought his wife was again pregnant ancl that he did not think she was fit to have another baby. Wit ness told him to send his wife who came to the doctor on N°vembei 13The Wife seemed normal lor her. Witness found no reason on medical grounds why pregnancy should be terminated. He did not ascertain whether she was pregnant, because it was too early, and he explained that nothing could be done if she were pregnant, unless there were some serious complication, and then only with further advice. Detective-Sergeant F. Hayhurst gave details of conversations with the accused shortly after the tragedy, and subsequently the father-in-law of accused, Frederick Nottage, said he always found accused a very decent man, and all the family lived happily together. Witness had ho reason to believe' his son-in-law was not financially sound. To Mr Rout, witness said James was definitely interested in religious matters, and was a serious-minded young man. Constable Patrick James Bourke gave details of a visit to the scene of the tragedy on the night'of November 13. Witness said the accused talked the' whole time, but he asked him no questions. Accused, apparently, realised what he had done. A considrable portion of his speech was made up of the words: ‘‘l killed my four lovely children! Why did I d° it?” H e mentioned his .wife several times, and said he tried to kill her,

and wished that he had. Accused talked of a number of other things, and he mentioned the threatened Japanese invasion, free speech, and politics, and a few other things of that nature.

Corroborative evidence was given by Constable Robert Smith. Detective-Sergeant F. Hayhurst, who, with Detective W. B. Parrish, arrived at the scene of the tragedy about 11 p.m., gave evidence regarding the inspection he made of the house during which he found a bloodstained, Indian club, the handle of which had recently been cracked, and four discharged shotgun cartridges. The floors, walls, and furniture were considerably bloodstained. At about 11.30, in company with Detective Parrish, he saw the accused at the latter’s house. He took notes in the presence of accused, who appeared tired, and was obviously suffering from shock. His hands, face, and clothing were bloodstained. After receiving the usual warning from the detective, the accused stated he fully: appreciated his own, and the detectives’ position, and was aware the inquiry was for the purpose of obtaining evidence. He spoke very distinctly, and did not make any effort to control his voice. He said: “I want you to understand that I am not mad, like you would expect. I was perfectly sane, and knew what I was doing. ‘My God, it is terrible!” When the detective asked what had caused the trouble, the accused broke down in a lit of sobbing, and repeatedly asked: "What will people who knofv mo think of me .now?” After composing himself, the accused said. I should never have had a wife and children. I thought how lovely it would be to get rid of them, and all my worries, and just have the place here to myself.” Asked if he could say how it came about, the accused said: "It kas been a sort of progressive period of more and more worry. The orchard is full of weed. I just felt I could not fight it any more.” Later, in a statement, the accused said his wife was pregnant with a fifth child, and they both felt she was incapable of going ahead, for two reasons. One was that she had a lot ten time the whole way through. They were on their own and had no help. The second reason was that she had a septic throat, which was affected by pregnancy. They saw Dr. Green, but he gave Tittle hope of doing anything. The accused went to meet her, and she was crying, and she was more or less in that state right to the end. That was the breaking point. Witness said he asked accused what happened first on the night of the tragedy. He said: “My wife was m bod and tired and upset over the whole thing, and I had been playpg (he piano. I went and sat beside her on the bed. She was crying, and I spoke to her as a man does to his Wife. I don’t know if I could tell .you what prompted the whole thing. It was a combination of not one or two years’ mental worry. It had been (oo much work to do with a young family coming on. We were not hard up, but could not stand a full season’s loss. I attacked my wife first and she went out. I then realised what [ had done. I then went and shot the kiddies, one after another. I did it quite methodically, and made sure it was done properly. 1 I shot Eleanore first, because she woke up, and tried to stop me. I got four or five cartridges, and actually had one for myself. I then noticed that my wife had gone, and I realised that she was still alive. I then decided not to do anything to myself, and I went out to look for her. I thought she could only have got outside and dropped. I could not find her, and then I rang Mr Alack. I am certain that, if you enquire from the operator at the Telephone Exchange you will find I spoke in a calm, steady voice, and he could say I sounded quite normal and there was nothing to suggest I was insane. I spoke to Mr Alack, and I knew Marjory was there. I gathered that from something said by someone in the house. I told him 1 had done a" terrible thing, and asked him to come over. I told him what I had don e to my wife.” The accused’s statement from this stage was along the lines of Alack’s evidence, the De-tective-Sergeant said. Accused said it had been his intention to use the club on all the members of the family, but, after he had attacked his wife with it; he found it. made a terrible job, and he then decided to get the gun and finish his wife off, and then shoot the children. Witness said that he had written this down, and he read it to accused, who had said that it was correct, after asking him to make a few minor corrections. In a later statement to witness, the accused had said he wanted to correct what, he said about taking a cartridge for himself. That was not so. He had taken five cartridges, but he had no intention of doing anything to himself. Outlining a further interview with accused, . the DetectiveSergeant said that James stated: ‘T often thought I should have told someone of the J’ekell and Hyde life I was leading, but I could not do so. Me taking a'Bible class, and knowing I was not what I should be. Premeditation, it is foolish for any on e to say, that I did not premeditate this. I turned the thing over in my mind a number of times.”

Detective Parrish gave corroborative evidence.

The accused pleaded guilty to all four charges of the murder of his children, and to that of attempted murder of his wife. James was committed to the Supreme Court at Wellington for sentence. On being committed the accused broke down, saying: "Oh, God, I didn’t mean to do it!”