BORROWED RIFLE TO SHOOT WILD BULL'

Northern Advocate, 9 December 1948, Page 6

BORROWED RIFLE TO SHOOT WILD BULL'

ALLEGED MURDER AT HAMILTON

HAMILTON, Thu. (P.A.) —When the case in which Cecil Robert Gurr Otto, 38, dairy factory worker, charged with the murder of Mrs Ruth McGregor Stone on October 23 resumed before Justices today, David John Edhouse gave evidence that lie lent accused a rifle on September 16 for deer stalking. Witness had to ask accused for the rifle back several times, and eventually received it about October 5.

At 4.40 p.m. on October 22 accused again asked witness for the rifle but witness refused.

and the latter had told him that she wished to terminate the friendship. Accused had. on a previous occasion, asked him to persuade deceased to go away with him. Witness declined to help him. Later he heard deceased tell accused to leave her alone and go away. On another occasion witness found accused prowling at night round a house in Whitiora in which deceased lived. Accused asked witness if he intended to marry the girl, and witness assured him he did not. Accused said he would make deceased pay for the treatment he had received. BLOWS EXCHANGED

Accused said he wanted the rifle to shoot a wild bull on his brother’s property at Putaruru.

Witness introduced a man named Charles Arthur Trubshorc.

Trubshore. in evidence, stated he lent accused the rifle on condition that he got a permit and that he returned it by 7.30 p.m. next day. Trubshore said that he suggested to accused that he take a shot gun, but accused said the bull was too dangerous.

TWICE DIVORCED Duncan Gurr Otto, farmer, of Putaruru, and brother of accused, said that accused was born in India. About 1933 he was married to Phyllis Walker. This marriage ended in a divorce, and he was then married about the time war broke out to Edna Fil. This marriage also ended in a divorce. Witness said he knew the deceased as Miss Simpson and later knew her as Mrs Stone. Deceased and accused were living as man and wife when witness returned from overseas. This was at Tauhei, near Morrinsvillc, where accused had a rehabilitation farm. Accused told witness in July that deceased was mixed up with some men in Hamilton and had broken all relations with him. Witness did not have a wild bull on his farm that required shooting. HEARD THREE SHOTS Cecil Levey Byford, storeman, said he saw Miss Simpson just before the tragedy. She seemed to be normal. He saw accused leave the hotel carrying a rifle. Accused ran into Grey Street and a few minutes later witness heard three shots. Diana Priscott, aged 17, said that she was employed at Walter’s dairy in Grey Street, Hamilton East. Deceased came in and asked if she could sit in the shop for a time. She remained there for two minutes. Accused then came into the shop. He had a rifle over his shoulder. Accused asked for cigarettes. He took no notice of deceased, but they left the shop together. Witness turned away and then she heard three shots. Witness found deceased lying on the floor of the shop. She was bleeding freely from the back and died in a few minutes. Miss Priscott was complimented by the Bench for the excellent manner in which she had given her evidence.

Deceased refused to speak to accused over the telephone and. as a result, witness and accused met and blows were exchanged. Deceased had told witness that she was terrified of accused. Evidence that he saw deceased running toward Grey Street from the Warwick Hotel was given by Barry Godwin Foster, tractor driver. Witness followed her and he was overtaken by accused, who was carrying a rifle. He later saw accused and deceased talking near Walter’s shop. He heard a shot and a woman’s scream, and then he saw accused shoot himself in the face. Witness saw the woman lying on the shop floor in a dying condition.

WEDDING CANCELLED The next witness, Nancy Gibbs, aged 21, single, of Tc Awamutu, said she met accused in July. At that time Otto was keeping company with a girl to whom he was engaged. They were to have been married on August 11. At this time accused was a tram conductor in Auckland and she was living at Henderson. On August 9 accused came to her house and talked for three hours, telling witness of his association with deceased and saying he did not know what to do about the girl he was engaged to. It was decided that she and accused should go to Wellington, said witness, and that his wedding would be cancelled. The pair left for Wellington on August 11 and stayed there for 1U days. While there accused wrote to the girl he was engaged to and apologised for not going on with the wedding. On leaving Wellington witness and accused came to Hamilton, where they stayed for a week. Witness met deceased, who told witness that she was no longer interested in what accused did.

WITNESSED SHOOTING Gerald Ludlow Whineray, aged 19, a lineman, said he heard two shots and then he saw accused shoot himself in the face. Henry Gordon Houten, a postman, said that at 9 a.m. on October 23 he delivered letters at Walter’s shop. He noticed accused and deceased standing together near the shop. Accused had a rifle. There was no conversation, but there appeared to be tension between them. After he had passed the shop he heard two shots and a scream, and saw accused shoot himself. He later saw Mrs Stone lying dead on the floor of the shop. Gavin William Byrne, motor salesman, said he had known deceased for 18 months. He first knew her as Ruth McGregor Simpson. Witness said he last saw her at 8.30 a.m. on October 23 in Grey Slree: near Warwick House. She was agitated and crying. On his return half an hour later he saw accused, whom he knew, lying injured on the footpath. Witness said he knew of the association between accused and deceased