THE RUAKITURI CASE.

Hawke's Bay Tribune, Volume XIV, Issue 197, 29 July 1924, Page 5

THE RUAKITURI CASE.

CHARGE AGAINST MELVILLE. ASSISTING EVASION OF ARREST The hearing of the charge against Edward George Meklville that on or about November 19. 1919, knowing George David Melville to b© a party to the crime of Incest, he did assist him to escape, was continued before Mr R. W. Dyer, S.M., at the Napier Magistrtee’s Court yesterday afternoon Detective Sergeant Butler conducted the prosecution and Mr B. J. Dolan • represented the accused. Abigail Hinemoa Melville, 23 years, stated that she lived with her father at Ruakituri until his. arrest. Witness bad not seen bar brother George since 1919. H© had written to her father and signed himself “C. Brown.” Witness gave birth to three infants these being born in December 1919, December 1921, and November 1923. Witness’ father was innocent of all responsibility in regard to thn paternity of these children. Mr Dolan: Your father ha s always been a kind, good father ?--Yes, always. Do you think that it would have ben to save a scandal that your father had helped George to get away? —Yes. 1 think it would have been. Dorothy Mabel Melville, who gave her age as nearly seventeen said that she was at school when Laura’s child was born and when she arrived home her father said to her: “Don’t breath a word about the child.” Accused gave her the same instruction after the birth of each child and once he said: “If you breathe a word about the children I’ll kill you.” Joseph Hardy Fletcher, registrar for the Wairoa district, stated that in 1920 George Melville registered the birth of a child to Laura Edwina Melville, and on the same date a child to Abigail Hinemoa Melville. Later two more children of the latter were registered. Constable Torr, of Wairoa, stated he visited Ruakituri in company with Detective Sergeant Ward, in December, 1920 in connection with the Melville, family. Detective Ward asked the accused questions regarding the condi- ( tion of his two daughters, and whether his son George was responsible. The accused refused to answer. Detective Ward then asked /where George was, accused just laughed and said: “You find out; that’s your business.” Archibald Morice, farmer of Morere, stated that in 1920 he took up a large block of fairly rough countrv. Later the accused came and asked him if he wanted a boy to work for him. Accused told witness that the police wanted his son George and that witness would not have to pay him any ages. Witness gave the son a job for about six months. During that time accused supplied him with clothes. Mr Dolan : Why did you not tell the police that the boy was on your place? Witness: I thought it had nothing to do with me. James Morice, farmer of Ruakituri. stated that the accused used his telephone of several occasions when Launa had herchild. Accused told him that his son George wa s responsible for Laima’s child and said he was going over to his other farm to tell him to clear out. Accused asked witness to go down with him and witness an agreement between himself and bis wife. She had blamed him for the paternity of Laima’s child and that either he would look after tho famih and his wife go away or else he would go away and leave his children with Mrs Melville. He could not go on living with her. Witness accompanied accused and George to th© who re but did not go m. He heard accused accusing George of getting his sister into trouble and telling his wife to leave the place and never return. Accused then came outside and informed witness that his wife had agreed to sign th© agreement and sep-

' arate from her husband; he also asked . witness to go down next morning to witnes the agreement. Witness: Next day Mrs Melville signed the ag~eement. Accused brougnt it out and 1 witnessed it. I did not see Airs Axelville at all. Detective-Sergeant Butler: You didn't see her sign it and yet you witnessed it? That's rather Irish, isn’t it? Mr Dolan: It’s pure Ruatikuri* never mind the Irish. At this stage the case wag adjourned until this morning. TO-DAY’S PROCEEDINGS. The hearing of the case was resumed this morning. Osborne Sydney West, manager of the Union Bank of Australia. Wairoa, gave evidence of crediting a cheque of £4B, drawn in favour of J. Morice, having been credited to the account of the accused. Witness produced a cheque for £4B drawn by the accused payable to C. Brown, which had been presented to the Bank of New Zealand in Blenheim. Witness considered that the endorsement on the cheque at Blenheim and the signatuL® ”C. Brown” on the letter were written by the same person. , To Mr. Dolan: Have had many tranactions with the accused and had always found him very straight and honest. To Detective Butler: Ag far as I know the accused is in a good financial position.

Sergeant Wade stated that he had been in charge of the Wairoa district for 41 years. To Mr. Dolan: No actual nroceedmes had been taken against George David Melville in Wairoa. although numerous inquiries were made with a view to his arrest. Since his disappearance a “Missing Friend” advertisement had been circulated in the Police Gazette. Detective-Sergeant Butler stated that, in company with Sergeant Wade, of Wairoa. he visited the accused on July 2nd. He asked accused who was the father of Lorna’s illegitimate child, nnd accused declined to answer. He then asked about Hinemoa’s children and accused again stated that he declined to discuss the matter. Ac- * cused w'as then placed under arrest. Among his personal effects were found the letter signed “C. Brown,” and the bank pass book. In the course of an interview on July 21st accused stated that his wife was a hard working woman but was very hard to get on with.

Air. Dolan objected to this evidence. Continuing. Detective Butler said that he read over a statement to the accused from his wife and accused said it was substantially correct.* Accused said that he was prepared to provide a home for her on either farm, but would not live with her. She later went to Wairoa and commenced proceedings against hiui for maintenance. Mr Doiau objected to the wile’s statement which was very lengthy on the ground enter*alia:—(l) That it was a subtle form of introducing inadmissible evidence; (2) the statement was irrelevant to the case before the Court, there was no opportunity of cross examining tho wife; (3) that it discredited two of the prosecution’s own wituoses; (4) That no warning had been given to the accused that this evidence, ether wise inadmissible, could be made against him.

Detective Butler, continuing, said that the accused was very pleased to hear his wife’s statement as it cleared him of any charge of *ncest that may be preferred against him. In replying to Mr Dolan, Detective Butler said that he thought he was

doing the right thing and was legally justified. No had yet been sworn against the son Georgn David.

This concluded the case for the prosecution.

Mr Dolan submitted there was no case to go before a jury. Certain admissions by the son and the daughter was not sufficient to accuse the father of knowing that George was guilty uf incest. His Worship held that by the evidence ho was satisfied that a pnma facie case in which the father did kiiow 'that his son George was guilty of the crime, hud been established.

Air Dolan said that it was only natural to remove the offending son and it w r as no crime .for any father to remove un erring son from his household without 'Necessarily abiding or abetting him in a crime. oi the elements in the evidence were sufficient to accuse him of assistance. When a father knows that a son has committed un offence it wasn’t his duty to inform the police, but to remove him from his household to avoid scandal. He held that the accused’s actions w ere neither that if receiving, confronting or assisting within the meaning of the Act, and further, that assisting only referred to on© who had escaped custody, and in this case no warrant had been issued against tho son. There had been no contemplated arrest, as there had been no information laid.

H'jis Worship held that the accused, In refusing to state his son’s whereabouts, was guilty of assisting him to elude justice. Mr Dolan: I could understand the case being u strong one if a warrant had boon issued.

Detective Butler: There was no need for a warrant to bo issued before he could bo arrested.

His Worship held that a prima facie case had been established.

Tho accused pleaded not guilty and reserved his defence, being committed for trial at (the next session of the Supreme Court at Napier. On tho charge of incest against the accused no evidence was offered, and it was struck out.