CHARGE OF MURDER

Hawera Star, Volume L, 25 February 1931, Page 5

CHARGE OF MURDER

NATIONAL PARK TRAGEDY YOUTHFUL COURT WITNESSES STORY OF CARDS' AND WINEI. (By Ttilegrapu—i'rcst, Aacooiauuu , HAMILTON, Feb, 24. The trial ol : Charles (Jolston aged 38, for the alleged murder of Alice Rose Florence Anderson at National Park on January. 6 was continued in the Supreme Court at Hamilton today. John Ernest Storr, aged 16, said in the spring of this year lie became acquainted with Ernest Tolley. Through him he came to know Mrs. Anderson, who was then known as Mrs. Fisher. Shortly before Christmas the two families the Fishers and the Tolleys, decided to go into the King Country. Witness was invited to accompany them.

Before leaving witness was sent by Mrs. Anderson to purchase a gun. He was told to use an assumed name. He' also bought some cartridges. They eventually arrived at McFarlane’s farm. On Saturday, January 3, a case of wine was brought ,to the chouse by Mrs. Anderson. The case was opened the same night and a large quantiy was consumed by the three adults. He believed the whole of the dozen quart bottles was consumed by about 10 o’clock on Sunday morning. On Monday evening another case of a dozen bottles of wine arrived and was opened after tea. Mrs Tolley was the first to rise on Tuesday. Colston later arose and further drinking took place in Mrs. Anderson’s room before and after breakfast. Witness added that during the evening an argument took place between the three adults and Phyllis Tollev over a missing bottle of wine. Witness heard Colston remark: “I’ll shoot the .” Witness understood the reference to be to Phyllis Colston. He then went to his room.

HEARD GUN SHOT. Witness entered Mrs.. Andersen’s room. He closed the door and bolted it on the inside. While there he heard Colston when passing on his way out of the house open and close the breech of a o-un. After be had gone witness followed him out. As he got outside he saw Colston disappearing over a knolt A few seconds later be beard a shot which seemed to be from the gun Colston was carrying. Witness then saw Phyllis running up the elope of another knoll about 300 yards ahead of Colston. Witness then returned to the bouse and found the two women fighting in Colston’ room. Mrs. Tolley was on toe floor holding Mrs. Anderson’s hair on the floor Between toe two women was a knife in a sheath. . Witness picked it up and put it in his pocket. He tried and failed to separate the women. Afraid: of what was going to happen he ran out of the house and encountered Ernest Tolley, whom he asked for a bridle. Securing one from the shed witness ran to toe front gate and out towards Green’s farm, where he knew there was a horse His intention was to ride,away and call the TXIIIOG As he was leaving McFarlane’s farm he heard Ernest Tolley inside toe house trying to placate the two women. As witness was on his way to Greens farm he heard two shots fired. On catching toe horse he galloped to National Park station, where he got toe stationmaster to telephone to toe police. „ ■ ~ . Shortly afterwards he saw Mrs. Anderson’s car coming round a bend of the Upper Retaruke Road. Ernest lolley was driving, Colston sitting beside him*, and Mrs. Tolley was in the back with the little boy Anderson. Witness stopped the car. He then rod© towards McFarlane’s farm, and when on the wav Phyllis emerged from the bush and called out to him. She was halfcrving. He took her on to the horse with him and dropped her at Green s farm. He then rode on to McFarlane’s After tying up his horse lie called to*Mrs. Anderson, 'but getting no reply entered toe house and found her lying on the floor in her room. Her feet were towards the window and her face half downwards and smothered with blood. There was a .patch of red upon her breast and a pool of blood upon the floor. There were also blood stainis on the wall opposite the window. When witness left the house to go for the police the window in Mrs. Anderson’s room was intact. Witness said when he saw Colston in toe car he had changed his clothing. Asked if the wine he drank on Tues- ■ day morning affected him at all, witness replied that it ■ did not. It did the night before, however. VVitness said Monday was spent in drinking and card playing. During the night Colston was sick. Tn further reply to Mr. Dickson counsel for the accused, witness said he had seen Mrs. Tolley fire one shot from the gun. She fired at a treacle tin to test to© spread of shot with one brand of cartridge. Colston then triec toe spread) with another brand. He thought Mrs. Tolley was. a fair shot He was not aware that she usually carried cartridges in a pocket in he] dress.

“PLANTING” OF WINE. Ernest Edward Albert Toltey, agied 15, said the gun was used mostly by Colston and himself. He gave evidence similar to Storr’s regarding the consumption of wine* During an argument between the adults later concerning the “planting” of some wine, he heard Colston say that Phyllis had taken it. Phyllis later left the house. As she did so Colston rose from the box on which he was sitting outside and went into the house, stumbling. Colston left shortly afterwards with the gun. He went in the direction Phyllis had gone. Witness then got a pea-rifle and followed Colston. His aunf, Mrs. Anderson, tried to take the rifle from -witness. She wanted to go after Colston herself. Her intention was to shoot Colston if he shot Phyllis. Witness followed Colston for a distance. He saw his sister on a hill and he called out to her to run. Phyllis started to run. Returning to the house immediately: afterwards witness found hi® mother and his aunt fighting. His mother was on the bed and Mrs. Anderson was standing beside her. His mother was trying to kick Airs. Anderson. He managed to get Mrs. Anderson to her own room and bolted the door on the inside. While he was still in the room Colston returned find kicked on the door of Airs. Anderson’s room. Witness then became alarmed, smashed the window with the butt of the rifle and got out. He ran across the road and into, the bush, where he remained about half an hour. He heard no shots. On his return to the bouse there was nobody about. He climbed ut> a ladder and looked through Mrs. Anderson’s window. Entering the room he saw Airs. Anderson on the floor. She was still breathing. He turned her over, then left her and went out and got the car. He drove towards the sta-

tion, and when about a mile down' the' road' overtook Colston, who seemed to be shivering and crying.. He was then- swearing a navy suit. Prior to the tragedy Colston had been wearing told ; clothes. Further on witness overtook his mother and the little boy Ander- ; son- . ... Cross-examined witness said that Colston consumed a large quantity of wine and was drank. Answering: couff- ! . sel for the defence, witness said at the time of the fight his mother was hysterical and his aunt drunk. Colston drank most of the wine on the morning of the tragedy. GIRL BAN FROM HOUSE.

Phyllis Olga Tolley, aged 14, described the “planting” of bottles. Colston was angry with her and she ran from.... the house. She heard a shot fired, but * did not see Colston follow her. She was present when the little hoy Gordon Fisher was questioned by a do- . tective. The detective asked him who was fighting with the. gun. ‘ He. re-’ plied “Auntie Lillie.” The detective asked who else and he answered ‘Uncle Charlie’s mummy and the gun made a ' big bang and mummy shot herself.”. Witness said lier aunt and : Colston were more or less drunk. Colston did not know* what ,he was doing in her opinion. - .„. ._ ; . ....... Hawtrv Warren Glynn, warder of . AVaikune prison camp, said ho saw. Colston on the National Park station. He said, “Is your name Colston?” He replied, “Yes.” Witness said. “You are the man who is running round the; - country with a gun; we want you.” Airs. Tolley called out several times, “You leave him alone, he didn’t do it;; she did it herself.” Colston interrupted, ■- saying, ‘‘You can take me.” Airs. Tolley then said somebody had been hurt, and witness understood that a girl had - been hurt and asked if such was the case. Colston replied, “I don?t know. There was a lot of blood. . It’s Alns. Fisher that’s l>een shot, you know.” Ho said lie and Airs. Fisher had been struggling for a gun when the weapon' (went off under her chin. ' \ ■■■ The trial was adjourned till to-mor-row.