NO EVIDENCE OF MURDER FOR JURY

Manawatu Times, Volume LIII, Issue 6551, 7 March 1928, Page 7

NO EVIDENCE OF MURDER FOR JURY

Information Against Duncan is Dismissed CANTERBURY FARMER WHO RAN AMOK (Per Press Association.) CHRISTCHURCH, Last Night. John Duncan, aged 49, a fanner, ot Courtney, wi charged in tho Magistrate's uourt before Mr. Mosley, S.M., tr. Jay with the murder of his sou, aged two years, on February 6. The information was dismissed and Duncan discharged from custody. Evidence of the doctor by whom the post mortem examination was made dispelled any possible theory that the child met his death through violence. On February 6 Duncan’s wife secured an order for separation and maintenance against Duncan who was ordered to pay maintenance at £3 weekly. Evidence was given at the hearing to day that Duncan on his way home from the city on the afternoon of February 6, was much perturbed and excited at the result of the case. That evening he dismissed his housekeeper, telling her she would have to leave that night as he could not afford to keep her. He also put off several men engaged stacking his crops, saying that he was going to do nothing further with the harvesting. About five o’clock Duncan was seen with his little boy and an hour later the house was seen to be burning. Teresa Sword, sister of Mrs. Duncan, gave an account of a visit to Duncan’s farm in company with Mrs. Duncan to "take away the child, of which tho Court had awarded Mrs. Duncan tho custody. Witness saw Duncan standing at tho door of the washhouse with the baby in ono arm' and holding an axe in tho other hand. When they asked Duncan for the child he threatened them with the axe. They did not say any more, but went to Kirwco to the police station. When they arrived back tho house, sheds, and stacks were burning. Nothing could be seen of Duncan or the child. William Steel Patterson, a labourer, said that witness Sword kept house for him in Christchurch. He accompanied her to Duncan’s farm. Witness said to Duncan: “I have come for the child." Duncan said to his wife: “You wero responsible for your first husband’s death and will be responsible for mine and tho baby’s in the morning.” Accused then used bad language and witness told him that if he was any sort of a man he would come out without the chopper. Later witness went away with the others. James Riley, a farm labourer, said he was working on a stack on an adjoining farm and ho saw Duncan set fire to his stacks. The house and shed were already burning. Then Duncan tried to set fire .to stocks. Duncan afterwards drove in a gig with his little boy to the back road. Witness, with others, went after them in a car and met the horse galloping back with tho empty gig. They could not see Duncan or tho child.

Eobert Henderson, a farmer, told of the finding of the child’s dead body at 9 p.m. in a water race at tho bottom of Duncan’s farm. The water was about a foot deep in the race. Dr. A. B. Pearson, pathologist at the Christchurch Hospital, said he made a post mortem examination of the body of tho child. The child appeared to bo well nourished, but actually showed internal trouble, which made it most susceptible to shock and peculiarly liable to sudden death under anaesthetics or severe strain, or even such a fright as a child might get seeing its homo burning. There was no sign of water in the child’s lungs and no signs whatever of death by drowning. The child had vomited and food had lodged in the bronchial, tubes causing asphyxiation' from which tho child died. There was no sign of violence on the body. Constable Johns, of Darfield, said ho interviewed Duncan at 8.30 'on tho night of fiebruary 6. Witness asked him where the child was. Duncan replied: “1 don’t know. They took him away this afternoon.” Duncan was wet all over and there was a severe gash on his left arm. Constable Gibson said that when Duncan was being brought to tho city witness asked him what had happened to the boy and Duncan answered: “Ho is better dead than with a like his mother. ’ ’

Detective Thomas said he took a statement from accused. Duncan said: “I did not murder him, but I suppose [l’ll hang for it. There is nothing to [live for now. A man has worked hard all his life and tried to make a homo and this is what happens.” Detective-Sergeant Young said that on arrival at the. police station he to. Duncan the boy had been found drowned, and Duncan said: “Better that than that a like her should have it.” Nest day Duncan appeared normal and witness interviewed him. Duncan said concerning the incidents of the previous night that he could remember nothing from the time his wife came for the child until he awoke in hospital strapped down. “I did not know,” Duncan said, “that the house and stacks on my farm had been burnt down. I do not remember sotting fire to them myself nor

do X remember how I got cut on the left arm. Nor do I remember 1 how 3 got all wet.” The Magistrate found that the chili died from asphyxia, following inhala tion of food into the bronchial tubes Ho also found that there was no evidence on which to commit Duncan i'o trial. Accused would be discharged