Father-in-Law In Box This Morning

Northern Advocate, 13 July 1939, Page 8

Father-in-Law In Box This Morning

[Special to “Northern Advocate ”] KAIKOHE, This Day. When the court resumed this morning, the first witness called by Mr Finlay was accused’s father-in-law, George Henry Ware, carpenter, who stated that on the day when the fatality occurred he had been working on the Okaihau Post Office. Witness noticed a large green car driven at a speed of over 60 miles per) hour through the township, towards Horeke, and saw it turn, and travel in the opposite direction, to stop well past the boarding-house, where it was again turned. The car travelled back to the boarding-house at a normal Speed, but was then driven wildly in the direction of Horeke. “Speed Wobble.” “On the last trip through the township before the accident, Paid seemed to have a speed wobble. I should say that he recovered control of the car perfectly, and he had ample room to pass Mrs Marsh, but, just as he neared the other car, he appeared to swerve deliberately towards it,” witness said. Mrs Marsh’s car appeared to fold up.

He saw a sheet of liquid fly into the air, and rah to the scene • of the accident, but others got there before him. “I knew Faki would not be able to go far, as there was a stream of water from his car. “I ran on to Paki’s car and saw a boy’s left gumboot lying on the road near the car. but could not see Paki. “I found the child lying face downwards in the car, with his face between the car cushion and upholstery. “I then picked the child up, and carried him to the boarding-house.” The next time witness saw Paki was in the car-shed. Witness then noticed that accused’s throat was cut. Alleged Threats. Detective Finlay: Have you ever heard accused make serious statements concerning the boy? Witness: I previously heard Paki say he would kill the boy and himself. Mr Noble: I object to the question. Detective Finlay: Can you recollect any other occasion? Witness: Once he tried to run away with the child, but I stopped him. Detective Finlay: Who was in the house that night? Witness: Mr and Mrs Marsh. Detective Finlay: Was the late Mrs Marsh a friend of your daughter? Witness: Yes, a very good friend. Mr Noble: How far were you from the accident? Witness: About 250 yards. Mr Noble: Then how can you say that the crash was deliberate? Witness: It was. “Do You Hate Paki?” Mr Noble; You hate Paki, don’t you? Witness: I refuse to answer. Mr Noble: You don’t like him, do you? Witness: I refuse to answer. Mr Noble: You don’t want to answer? Mr Finlay: Answer counsel’s question. Witness; I can’t like him. Mr Noble: You are biassed towards him, aren’t you? Witness: You don't know accused, and you haven’t got a daughter married to him. Cyclist Dismounts, An East Okaihau farmer, Thomas Henry Michie, who was next called, stated that he had been cycling towards the township, along the Ohaeawai road, when he was passed by a green car travelling at a terrific pace. “I heard the car turn and start to come back behind me, so I got off the road,” witness stated. After the car had gone by, he mounted his bicycle and rode to Wallace Supplies store, where he was able to watch the car travelling back from Horeke towards Ohaeawai and the boarding-house. Michie collaborated evidence given by previous witnesses in connection with the' accident, but stated that the

driver appeared to have control just before the accident. Wanted to Borrow Car. Austin Mclnerney, Okaihau, contractor, said he had employed Paki as a motor driver and found him quite a good driver. “About 11 a.m. on the morning of the accident accused came to my garage with his son and asked for the loan of a truck,” witness said. “I refused, and he went away.” Detective Finlay: Did he say what he wanted the truck for?—No. “Was he sober?" —“To the best of my ability he was.” Pearl Moir, sister-in-law of accused, said that her husband owned a Chevrolet car. Just before lunchtime on June 16, Paki and his son visited her and asked her if he could have the loan of the car. Witness x’efused to do so without her husband’s consent. Accused then walked away without staling what he wanted the car for. A garage proprietor, Alfred ’Alexander Anderson, of Okaihau, said the total amount of damages done to the Ford car was in the vicinity of £9O. Mrs Marsh's car was a total wreck. “In all my experience I have never seen a car so badly smashed,” said Andei’son.

“Straight For Me.” Gervis Wright, manager of Wallace Supplies’ store at Okaihau, said his business was in the main street, and he noticed the car travel at terrific pace through the street. He immediately notified the police. On the last of Faki’s drives through the town, witness stopped into the , road to try and stop accused.. “Ho immediately came straight for me and I had to jump to .safety,” witness stated. , The car then proceeded along the road past the Post Office and boardinghouse, and collided with a smaller car driven by Mrs Marsh. Mr Noble: Did the accident appear to be deliberate? Witness: It appeared as though accused swerved towards Mrs Marsh’s car, then tried to swerve away, but it was too late. Edmond James Stuckey, Okaihau, painter, stated that when working on the roof of the Post Office, he observed mad trips through the town. He also saw the collision. Mr Finlay: Did you see the car swerve to the left? Witness; Yes, but it appeared to swerve to the right just at the moment of impact. Mr Finlay: Did accused slacken speed before the impact? Witness: No, he continued at the same pace. Gasping’ Voice on ’Phene. Florence Caroline Ware, Mrs Paki s sister, who resided with her father at Okaihau East, stated she had a telephone ring about 2 p.m. on June 16, and heard someone gasping at the other end, recognising the voice of accused. He said: “I’ve done it at last.” When asked what he had done, he said: “Huh! I’ve gone mad.” Witness asked if he had hurt Billie. He said: “I don’t know.’' Witness then asked him where her sister and Billie were. He said that his wife was at the boardinghouse, but he did not know where Billie was. When witness asked if her father knew, he replied: “He will by now. Half Okaihau will.” Alleged Message to Wife. He said he was ’phoning from Tony Busolich’s, and gave witness a message to give to. his wife. It was: “Tell Belle she has got her wish, that I loved her to the end.” Witness, continuing, said the voice was normal. The speaker sounded quite sober. Detective Finlay: • Was accused at your house the previous day? Witness: Yes, we discussed his wife living away from him. Detective Finlay: Did he mention his son? Witness: Yes. He said that if he ever did for Billie, the police would never catch him alive. Detective Finlay: Why? Witness: He said he would do away with himself. Tony Busolich, Okaihau, contractor, said his home was situated near the Kenkeri-Ohaeawai turn-off. He left home early on the morning of June 16,

and returned in the afternoon, to find, a sheet of newspaper on the kitchen table covered with blood. There was blood on the floor, the kitchen windowcatch was broken, and an empty razorcase was lying on the table. “It was my razor-case.” He could not find the razor, but later found it in the possession cf Constable Robertson. The telephone receiver was off the hook. Mr Noble: Was anything else missing? Witness: No.

Alleged Statements In Hospital. Constable F. L. Ryan, who sat beside accused’s bed at Kawakawa hospital, stated that Paki made the following statements to him: “I will be a long time behind bars for this, if ever I get out. The boy was hurt, but it would not have been so bad if it had been her. “I was driving too fast. I called out to my wife two or three times. “Mrs Marsh is dead. A newspaper man told me that. I suppose this will be a big case and I will be charged with manslaughter, I suppose. “I was looking back at the boardinghouse. The next thing I knew my feet and legs were stuck and the seat went forward. My wife shouldn t do things before me. If she had been good, I would have been sitting pretty. “A man then won’t go uot. Two of us won’t be able to live at that place of Johnson’s. We’ve been there a fortnight. “I was worired and couldn’t get work.” Constable Ryan stated accused could hear a child crying and said that he recognised his own son. Didn’t Know How It Happened. Constable H. Smith, who also sat on duty at the hospital, stated accused made the following statements to him; “What a smash. I don’t know how I got out, and can’t say how it happened. “I can just remember missing the telegraph pole. “I’m too far gone. It will have to come sooer or later. When I was driving a truck I nearly had a smash up. I didn’t care. . “I’ve been too careless and do not think my cousins at Kaikohe care what happens. Always Quarrelling. “My wife, came to work where I was staying. I told her it was not good us being together, but she said we would get along all right. “It seemed no good. I was always hanging around doing nothing. We had always been fighting; that started trouble. It was all right while I had work.” Evidence to the effect that accused had declined to make an official statement while in hispital was given by Detective Finlay. This concludd the. police case.

No Case to Answer. Mr Noble submitted to the Bench that there was no evidence to prove that Paki attempted to murder his son and that that charge should be dismissed. The Bench, however,' stated the charge should go to the Supreme Court. ’ n :^ v Pako, who reserved his defence on all charges, was committed to the Supreme Court for trial.

Alpine excursionists found the wreckage of a plane in the Grisonnes Alps. It is believed to be the Junkers air liner which disappeared on October 2, 1938. A German air liner, en route to Milan from Frankfurt, disappeared on October 2 of last year. There were ten passengers and a crew of three, and the whole of the Swiss civil air service was turned out to take part in a vain search.