Armstrong Committed For Trial

Manawatu Times, Volume 63, Issue 154, 2 July 1938, Page 5

Armstrong Committed For Trial

Lower Court Hearing Ends Police Evidence of Arrest at Auckland Per Press Association.

WELLINGTON, July 1. The hearing of the charge in the Magistrate’s Court against Douglas Alexander Armstrong, aged 20, a fitter md turner, of having murdered his father, Edwin Norman Armstrong, at Wellington, on May 6, was continued to-day. There was again a large attendance of the public. Dr. Phillip Patrick Lynch, of Wellington, pathologist, said that on May 10 at tho Picton morgue ho examine! part of a body. On the following day he visited tho home of deceased, Edwin Norman Armstrong, and removed certain objects for examination, and on subsequent days he examined other exhibits, including the head and legs of deceased, at the Wellington morgue. Acting-Detective Martin Grace, of Auckland, said that on May 10 he was on duty at tho Auckland station. On the arrival of the Limited express from Wellington he saw accused leave a second-class carriage, and he followed him and accosted him. In reply to questions accused said he had joined the train at Marton aud gave his name as Dave Lyon. Ho said he worked in a draper’s shop, but when witness asked which shop, accused replied: “It’s all up! You’ve got me!” Asked if he was Armstrong, he replied: “Yes, it’s all a tragic mistake. You’ll understand when you know. I’ll go with you.” Accused accompanied witness to a taxi, where Detective Turgis asked accused his name, to which he replied, ‘ ‘ Doug. Armstrong, ” and he said ho lived at 20 Rinau road. He said he thought he would “give it a try” to get as far as he could, but it had all been “a damnable business.” Witness said he was present at the detective office when Detective Turgis warned accused, who replied: “I would welcome an opportunity to express, in my own words, some of the things which brought it about.” Witness was present when a statement was taken from accused, and ho produced and read it. Mr. H. F. O’Leary (for accused) had no questions to ask, but he said accused had been treated with absolute fairness by the detectives. Detectivo Turgis said that he had found in the possession of accused a pencilled letter which Mr. Cunningham • said was a draft of the letter to Mrs. !■ Armstrong that had already been produced. That completed the evidence for the Crown. The Magistrate asked whether accused wished to say anything, to which Mr. O’Leary replied: “No sir; not at this stage.” Accused was committed for trial. j

Accused’s Letter to Mother CONDITIONS IN HOME DESCRIBED Per Press Association. WELLINGTON, July 1. Tendered as evidence at tho hearing of a charge against Douglas Alexander Armstrong, a litter and turner, aged 20, of having murdered his lather, Edwin Norman Armstrong, at Wellington on May 6, was a letter written by the accused which his mother in evidence said she had received from her son. The letter, which was read in Court by Mr. H. F. O ’Leary, who is appearing for the accused, was as follows: — “In this hour, the darkest in my young life, I must pen these few lines to you —perhaps the last ever. You must excuse the emotional abruptness of these lines, but, believe me, they are the outpourings of the terrible stress which seems to consume my whole body with ague, for I have killed my father. To you alono I turn for sympathy, for you, my fiiother, have guided me too long along the path of life to desert me now. I trust you implicitly.

*‘Be brave. Mum, for my sake, as well as yours. Accept this terrible news with fortitude. God knows I dia it for you. He has brought tragedy alone into our lives, brooded over us like a pall, stealing all our happiness and recaruiug our being respected and our social advancement. He had lost every vestige of manhood. Like a leech he sucked our vital reserves and made our home a morgue. Life was impossible. “To me it did not matter. 1 could hove gone away and left you ail, and lived happily. I am young, clever, and with the whole world before me. Yet I lcved you so much in my queer, rigid way, that the manhood which is so wholly my character forbade me to desert you. You were too tragic a figure, so helpless in the hand of fate, had given too much of your life. And I know all the love which you could not give to him you lavished on me. Life has not treated you rightly. “I had thought when we gave him all the money to go away that he would stop away and leave us to our own destiny. I had plans to compensate you for ail you’ve suffered, all you have endured for Bill and me; for those long, bitter years of our childhood when that skunk dragged you round the world, gave you no home, brought only misery and broken friendship into your life and , finally, having failed, dragged us in that bitter mire of despondency and poverty from which your heroic efforts alone rescued us, and throughout sponged upon you in that detestable manner which has wrung your heart time and time again in frightful agony and yearning for the happiness that should have been our heritage.” The letter went pn to describe how the writer had hoped to get a good job somewhere so that his mother could go Home to live in happiness in England and “both Bill and I could have had a haven from our wandering.” After declaring that fate had ruled otherwise, the letter went on:

“Alas, poor mortal ciay, you aim too high. Soon shall your dreams lie broken Upon the sacrificial stone Of that base goddess, Fate When so soon to life’s fulfilment You would have woken. “Forgive the apology for poetry. It is just a chip off a riven heart. “So now I stand with the ruins of my life at my feet. Worse still, I have brought down upon your head an awful calamity, the gravity and extent of which I am afraid to dwell upon. Yet now do I need you more than ever before. Steel that heart of yours and fight for me. Grant me your love and your defence, your sympathy and your pleading for my life a life which folly has brought so close to disaster, a life with a soul of true steel, into which arc tempered all that is goodness in man. Lovingness, kindness and understanding, chivalry and steadfastness which the quick rush of youth has somewhat muddled and produced a Jekyll. “Compose yourself, Mum. Show Bil this letter, it is your duty to do so That I shall be caught is inevitable, but while I am free I want to see you, just to comfort you and to derive comfort trom you. Perhaps the terrible tragedy of the case will outweigh the horror of the thing and some day the even tenor . of your life may be resumed.” • The letter concluded with the sug gestion that his mother should meet him at the main door of the station next -ay. Contempt Alleged

NEWSPAPER’S TREATMENT OF LETTER COUNSEL’S PROTEST WELLINGTON, July 1. In the Magistrate’s Court to-day Mr. H. F. O’Leary drew attention to what he submitted was a case of gross contempt of Court committed by the local evening paper in the report of yesterday’s proceedings in the Armstrong case. “It is elementary in our administration of justice that prior to a trial nothing should be said, or rather that ; nothing should be reported in the way of comment, which may mean that accused would not have a fair trial,” said Mr. O’Leary. “Four years ago in the Supremo Court at Wellington, a I local paper or tho publisher of the local : paper was fined £IOO for publishing prior to the trial a photograph of a person charged with murder. That case is reported as the Attorney-General j versus Tonks. ’ ’ I Mr. O’Leary quoted tho following extract from the judgment of Mr. Justice j Blair: “A person accused of a crime 'is entitled to have the charge against ' s him heard and adjudicated upon by a I jury of his fellows, and he is entitled i also to have the case presented to such a jury with their minds opeu and unprejudiced and untrammelled by anything which any newspaper for the benefit of its readers (which is, of course, for the benefit of the newspaper ‘itself) takes upon itself to publish before any part of the case has been heard. When the charge against an accused person is that of murder, public. interest is always aroused, and the gravity of the charge imposes upon newspapers a special duty of care in the selection of matter it takes upon itself to publish. Excess of zeal may be fraught with tho gravest consequences, 1 ' either to the accused person himself or 1 to the administration of justice. It : would be lamentable indeed if there was allowed to creep into the conduct [of newspapers In New Zealand the practice before the trial of publishing any ' matter which even remotely could bo construed as comment on a case still to be heard.”

“Shocked at Captions.” “When I looked at the report in the Evening Post last night,” Mr. O’Leary proceeded, “candidly I was shocked ai the captions.” Mr. O’Leary read the captions to Court, emphasising the last heading, “Adcused’s Written Admission.” “Of what?” Mr. O’Leary asked. “Oi guilt or of murder.” Counsel said that he did not know hew far the damage of a headnote of that kind might go when one realised that the case eventually had to be tried by 12 men unknown at present from ; the general body of citizens who might read that headline and not go any further. That was not all, said Mr. O'Leary. In the second column, where the paper set out that letter —that striking letter by the boy to his mother —the paper had not just merely published the pari ticular letter as it was entitled to but it had interpreted the letter. Mr. O’Leary read the following paragraph ! which preceded the text of the letter ! as set out in yesterday’s Post: “At this I stage Mr. O’Leary read Douglas's let- | ter to his mother, a long and wellI composed letter in which the son said that because of his treatment of the family he had killed his father.” Mr. O’Leary said that the letter said nothing of the kind. That was the paper’s interpretation of it. The question of interpretation was a matter for the jury which tried the boy. j At once, said Mr. O’Leary, he had ] endeavoured to have something done ! to prevent untold damage being done j to the boy’s case, but it had gone out, J not only in Wellington—the report not ' the captions—but also to every evening paper in New Zealand which got news from the Press Association.

(Very Different Thing. The paper did not realise that while

the boy In the letter said that he had killed his father, it was a very different thing from murder or even manslaughter. The interpretation given to the letter in a way affected the defence which they had and which would bs put forward—namely, of self-defence and provocation —and so he had deemed it his duty to bring the matter before Court. Mr O'Leary added that he did nox think it a matter upon which Mr Luxford had power himself to jurisdiction. The Magistrate said that was quit*, clear. Mr O’Leary said that notwithstanding he deemed it his duty to bring the matter to th** notice of the Court, and said he thought it should be brought to the notice of the Attorney-Genera! so tha, appropriate action might be taken. From his experience in this case anu from his experience in earlier cases, the privilege given to the Press of re porting proceedings in the Lower Court was so abused and so tended to prejudicing the accused, that the only way to deal with it satisfactorily was to prevent it by legislation. The Magistrate said he did not know whether legislation was necessary. The Justices of the Peace Act was specific. The view he took—he did not know whether it was the view of all magistrates, but it v/as shared by magistrates at present in Wellington—was that accused had a right to demand a hearing in camera in respect of his preliminary hearing should he so desire. Mr O’Leary replied that he deemed it jest in the interests of the boy to have an open hearing because of matters of rumour which it was desired to have cleared away in the Lower Court, but he never anticipated in his endeavour tc do that that such a blow would be struck at the defence as had been struck by the paper. How he could undo £Ti< damage that had been done he did not know. He could only ask that if it had regard for fairness and justice it woulc ->t least publish verbatim the protest h« had made on behalf of the boy.

Accused's Statement INTERVIEW WITH THE POLICE CERTAIN HAPPENINGS DESCRIBED Per Press Association. WELLINGTON, Last Night. Accused’s statement which was submitted to the Court by Acting-Detective Grace, read: “I am a single man, 20 years and 11 months of age. Usually I live with my pareuts at 20 Hinau street, Hataitai, Wellington. 1 have beeu advised by Detective Tugis that anything I may say in the following may later be used as evidence, but I wish to make certain explanations over something which, has been causing me some worryI am within two months of finishing my apprenticeship at tho Hutt workshops. I have been learning the trade of fitter and turner there. I had intended on completion of apprenticeship to leave New Zealand and endeavour to get a job in Australia. I had this idea in view, as I believe I would have better prospects iu that country, and apart from that I wanted to see something of that part of the world. 1 had made mention of these intentions to my mother, and as a matter of fact had intended leaving about September of this year.

“When I had thought about leaving home in this way I had also then thought of other matters at home—l mean by that that things, iu so far at feelings in tho home iu respect to my father’s presence, were at times not too pleasant. As a matter of fact my father has only beeu back from Australia about two months after having been over there for some seven or eight months. He went to Australia following my mother giving him about £l3O in cash on the understanding that he would stay away for ever. This was brought about following a period of unhappiness in tho home for as long as i

can remember. He has always beei. most inconsiderate of my mother and my brother and myself. “If we ever had visitors or callers at the house he was always moody and growled, and would probably insult

them before they left. When he was away in Australia we were a very happy family. On his return from Australia we expected he would only stop a short time and then get out. He knew he was not wanted. 1 know that my my mother had given him practically all her savings. She had given him the £l3O to leave this country, and further than that, since we have been living in Wellington after coming from Dunedin she had given him sums of money to start a business on his own account, but he bad only wasted them. I know that in one instance my mother gave him £IOO, and this was wasted, just as the rest had been.

“Everyone of us detested him. His manners were crude and his language lurid. We never talked to him, and he never spoke to us but that he growled. I know that he also had a good few opportunities to get jobs, but he would never take them. When he was about the place my mother’s friends were afraid to come near, while when he had been away everything went great.

“I had thought things over and realised that if I went away from New Zealand my mother was getting old and probably not in a position to retain her position as a teacher indefinitely and was more or less dependent on my brother Bill and I.”

“I could not imagine what would have happened with Bill away from the house and myself away altogether and my mother left at home with him alone. In every way he retarded our progress, socially and otherwise.

“On several occasions since his return from Australia I have been involved in disturbances or quarrels with him. It was not done for my own sake, but for mother’s. Always these scenes would end by me telling him io get out of the place. He often ramped and raved •■t me during these scenes, and I think is brain was a little cone."

‘ 1 Usually my mother has gone to businesp by 8-30 a.m. 1 have usually gone myself by 7 a.m. I could never bring friends home due to the atmosphere created by my father and practically the same thing applied to ray brother Bill. This was in direct contrast to when only mother was home

and it was really like home. On Friday, May 0, I did not go to work as usual. 1 stopped behind because I intended to have a final talk with my father, to persuade him to leave, and alao intended to offer him financial assistance. “I did not want to have talk of this kind with my mother present, as har nerves are bad, and it has happened before and the strain has been too great for her. At times she had nervous breakdowns, but during his absence in Australia her health improved greatly. In addition to these facts, her holidays ; were commencing from May 6, and, if | possible, I wanted him out of the home l before that. Actually, bl»c had a break- ‘ down just after he came back from j Australia, showing her health was bad. I These combined facts determined me to stop at home on the morning of May 6 ! and do my best to make sure he went lolf out of the place altogether. 1 left j the house at the usual time, as if going jto work, but came home about 9 a.m. In j the meantime I had gone into town, and I just walked round and came back. When II came home about 9 a.m. I wont straight to him in the kitchen and spoke to him. I asked him when he thought be was going to get out, apd he told me: ‘Go to hell and mind my own business/ and that he would get out when he felt like it. I then told him that he definitely had to get out and that wo had had enough of him, and he then ranted and raved at me, and called me everything under the sun. He then started to threaten me, saying he would kill me if I did not get out. He had a boolblack brush in his hand and raised it. [over his head in & threatening way. I [started into him with my fists, and think that I went berserk. That’s about all I want to say about that part, but afterwards I realised the necessity of cleaning the body up, as 1 did not want Mum to see it. 1 was frantic by that time, and thought 1 would leave it all, but then thought I had better not; and I knew I could not take the body out whole. I cut the body up !with a skinning knife I usually went lout deerstalking with and also an ordinary tenon saw. I removed the head and legs by using these instruments. “1 then got two suitcases which were in the house. I divided the remainder of the body into thoso two suitcases. I put the trunk, with tho decapitation of the head, in odo suitcase, and the head and legs in the other. I was too upset to do anything to the clothing. I did not wrap tho remains in anything before placing them in the suitcases. I had to tic the suitcases with some light rope 1 had about the house, as the lid was almost hanging from one suitcase. I had to clean the mess up, mainly in tho kitchcu, but there had also beeu some struggling in the passage. I used the knife and saw ou the body in the bathroom, which adjoins the kitchen.

“I think it would have been about 12 noon when I left home with the two suitcases. I thought my mother may have come home about that time and did not want her there. Then I went across the street to a garage which 1 rent for my car. 1 placed the two suitcases in thero and then went and phoned for a taxi. It picked mo up at the garage, and 1 directed the driver to go to the Union fcteam Ship Company. 1 got out there and left tho suitcases in the taxi and went in and purchased a ticket ou tho boat for Picton. After that J came back to the taxi and instructed the driver to drive round to Wellington Post Office Bank. I had taken my bank book from home with me, and withdrew the whole lot deposited there. It was only £5. L then went back to the taxi and went straight down to the Tamahmc. I went straight on board and stopped there until sailing time. I put tho suitcases under the seat and stopped there myself, as L was feeling pretty sick ou it. “On arrival at Picton, it was raining heavily and was very dark as well. 1 got olf the boat with the suitcases and went down towards the stern of tho ship after walking towards the end of the wharf. I heaved the suitcases into the water on the same side of the wharf as the ship. I would not have been more than several paces from the end of the ship. 1 think I walked round a van drawn i p on the wharl, and there was also a s-icd close to that, i “I then returned to the place where tho railway carriages were pulled up on the wharf. I bought a first-class ticket on the train and went to Blenheim. I booked in at the Masonic hotel in my own name. I went to tho Union Steamship office .in Blenheim the following morning and booked a passage for tbo feturn to Wellington that day by Union Airways. 1 left Blenheim by plane in the afternoon. About 20 minutes to half-an-hour later I landed at Rongotai. “I came into town by the company’s car. 1 do not wish to say bow 1 spent the next few hours, but at 9.30 a.ni. on the following morning, which would be Sunday, I booked in at tho Waterloo hotel in the name of J. Campbell. I stopped there ail that day and slept there that night, leaving the hotel on Monday morning about 10 a.m. I do not wish to say what I did between the time of leaving tho notel and about 3 o’clock tho same afternoon, when I left Wellington. When I did leave Wellington, 1 commenced to walk, and got as far as Tawa Flat when I was asked by a man with a car if 1 wanted a ride. 1 accepted this and went as far as Paekakanki with him. 1 arrived there before 6 p.m. ou Monday night, May D. I had some tea at the station refreshment rooms and then went down to the little township for a while, and was back at the station about 8 p.m. I purchased a second-class ticket from the Paekakariki station, which would take mo as far as Frankton Junction, but on arrival there, procured a further sCcond-class ticket and continued the journey to Auckland.

“Before making mis statement, I was informed by Detective Turgis and was cautioned by him that I need not bay anything about how my father came by his death, but in spite of that caution it was my wish to make this voluntary statement concerning the matter, which I have road over, and is true. I would further like to add that at times 1 have been in fear of m> own life, as he often threatened me. Physically, I am sure I was more than a match for him, but due to his frame of mind I had fears he may have done anything in an attempt to take m 3 life.”