MURDER CHARGE

Nelson Evening Mail, Volume LXXI, 19 October 1937, Page 2

MURDER CHARGE

LOWER COURT HEARING STOREKEEPER’S DEATH I By Telegi idi - I’rtw AMorialinnl TIMARU. 18th October. Randal! Reginald David Smith, aged 2(i, labourer, appeared in the Magistrate’s Court this morning charged with the murder of William Gaby, a 73-year-old storekeeper of Arundel which is near the southern approach of the Rangitata traffic bridge, nine miles north ol Geraldine. Gaby, who was a bachelor living alone on the premises, was the victim of a brutal attack and lie was found dead with a severe wound on the forehead on the morning of 11th September. The police will call 38 witnesses, and it is expected that the hearing will occupy twe days. The Crown prosecutor is Mr W. D. Campbell, and the accused is represented by Dr. A. L. Haslam. Christchurch.

Johan Alexander McComb. labourer, Arundel, said he had known Gaby for 191 years. He described the location of the store where, lie said, he had seen Gaby between 2.30 and 8 o’clock on 10th September. Witness spent some time in the kitchen with Gaby and at that time the store was open and lit. In addition there was a hurricane lamp in the kitchen standing by the back door where there was also a pig bucket. When witness left Gaby he was alone. FINDING OF BODY Charles Goodwill Johnston, labourer, Arundel, said he went to the store about 10 a.m. on 11th September, but the building was shut. The bowser in front was open. Witness went round to the back and noticed that the door of the hut Gaby used as a dairy was open. He could not find Gaby there, so he went to the back door of the house and called, “Are you there, Bill?” There was no answer. “I opened the door and saw him lying there. He was face down on the floor, with his feet about a yard from the door. He was fully dressed. I did not touch the body, but surmised that he was dead.” The witness then went to the nearest neighbour. Edward Mathieson, and the pair returned to the shop. Mathieson went to telephone the police and witness remained at the shop all the time until the police came The body was not moved or touched. Clarence May Mathieson, wife of the neighbour, described how Gaby came to their place every day to col lect scraps for his pigs. The bucket was always left at the back door. On 10th September the bucket was leftand next morning it had been removed and another left in its place. Witness did not see Gaby take the bucket away She was in the store about seven o’clock that evening, and saw Gaby chatting to Johnston. He appeared to be very happy. Hugh Harkness Pattison, farm hand. Ruapuna, sain he was travelling to Geraldine on the night of 10th September, and about 8.15 he passed Gaby, walking south, about 50 yards from the store. Gaby was carrying a lantern. When witness passed on his way home about 9.30 there were no lights in the store. Constable O. Callanan, Geraldine, said the front door was locked, but the back door was closed but not locked. Lying at the back door were the hurricane lamp, which -had been upset. pig bucket, a paper bag of potatoes and a box of matches. On the kitchen floor he found Gaby’s body lying face downward. The wrists and ankles were loosely tied with bootlaces and there was another bootlace lying across the feet On the floor were scattered some sweets and a sixpence. On the floor of the bedroom was another sixpence. In the shop near the till there was more money lying on the floor. On the floor near the head of the body there was blood EVIDENCE OF DOCTORS Dr. Charles Stanley Fraser, Timaru. who performed a post-mortem examination on Gaby’s body, said that after examining all the organs he formed the opinion that death was due to concussion and shock. A blow over the left eye. causing a lacerated wound one j and a half inches long and a quarter I of an inch wide, would be in accordj ance with the appearance of the brain. The wound appeared to have been caused by a blunt instrument used I with some force. It would be possible tor the wound to be caused by a piece of firewood. Agreement with the view that Gaby’s death was due to concussion of the brain on the left temple was expressed by Dr. Edgar F. Thomson, assistant pathologist, Christchurch hospital, who also carried out a post-mortem examination. Over the right eye there was a mark and ridging of the bone could be felt. There was no fracture of the skull. There were superficial abrasions on the neck and elbows. The wound was typical of one caused by a blunt instrument. Witness produced a portion of skull and a piece of skin which was stretched across it, showing the abrasion of Ihe right eye. From the store at Arundel he took away specimens of earths from outside the back door, continued Dr. Thomson. A stain on the earth was human blood, as were two other stains found on the outside of the back door. He scraped some of the blood clot from the kitchen floor, and found that it also was human blood. He received a fawn overcoat from Senior-Sergeant Hewitt, and oh it found several stains. He paid particular attention to a patch below the righthand pocket, which looked as if it had been sponged. He removed a piece of cloth, and a test had shown that the stain was due to human blood. Another stain above the hem of the coat was also human blood. A pair of grey tiouseis which were handed to him by Senior-Sergeant Hewitt also bore human bloodstains. There was a small t eddish brown stain on a working boot which he received, and a test had shown that it was human blood. Witness also described bloodstains on clothing which Gaby was wearing when found. Theie are four human blood groups, and it is possible to test a blood stain and place it in its respective group, but it is impossible to say that that stain is from any one particular individual.” said Dr. Thomson. “If the stain is of a different group from that of a particular individual, then one can say that that stain did not come from that individual.” He placed Gaby’s blood in group B. but had not yet grouped the other stains. Detective-Sergeant Thomas. Timaru, said he searched Gaby's shop and found several lollies on the floor. In a glass jar on the shelf there were similar lollies. Lying on the kitchen floor was also a lucky charm watch. There were i a number of stains on the floor, and j

Detective-Sergeant Thomas. Timaru, said he searched Gaby's shop and found several lollies on the floor. In a glass jar on the shelf there were similar lollies. Lying on the kitchen floor was also a lucky charm watch. There were a number of stains on the floor, and one of these appeared as though something had been dragged ever it. The back of Gaby's coat had dirt on it as (hough it had been dragged. Just outside the back door was a box which served as a step, and across this and also across the floor to the left toe of

the body was a freshly made mark; It appeared to have been made by the toe of Gaby’s boot. The till in the shop contained money, and he found in the bedroom a tin containing £l4 10s in notes. In an unlocked cupboard he discovered five half-crowns and four florins. He also found a leather glove on the floor, to which no mate was discovered. Another glove was found in the storeroom, and a mate to this was found outside.

Constable Kearton. police photographer, detailed a large number of photographs taken, and said he photographed the sole of a boot found at Timaru, and the nails corresponded with the nail marks found on the floor of Gaby’s shop. The court sat for two hours to-night when a further 14 witnesses were heard, making 28 for the day; Ten remain to be heard to-morrow.

The evidence to-night concerned the movements of accused from a few days before 10th September until the day following the murder. It was shown that he borrowed money from a fiiend at Alford Forest the day before the murder, and, on the afternoon of the murder, was seen in Gaby’s store talking to Gaby. At 8.30 that night he was picked up by Alistair Langeson on the Rangitata Bridge north of Gaby’s and brought to Timaru. where a taxi-driver took him to a boardinghouse. Next morning a taxi took him to a men’s outfitter’s shop, where he purchased a completet outfit of colthes at a total cost of £4 6s lOd. for which he paid. He also paid a night’s board and paid the taxi-driver 12s. Accused left some old clothes at the outfitters’ shop and some at the boardinghouse. Accused left Timaru by service car for Dunedin on the morning following the murder under ,• the name of Leckie, which name he also gave to the boardinghouse-keeper. The hearing will conclude to-morrow. TO-DAY’S EVIDENCE TIMARU, This Day. Evidence at the hearing of the Arundel murder charge this morning concentrated upon Smith’s movements. Jessie Jones, boardinghouse proprietress. Seacliff, said the accused was like a man who came to her on 12th September, but could not swear it. Pie left on 13th September. Gordon William McHardy, storekeeper, Seacliff, said accused cashed a cheque which was signed by David Bell. Detectives took possession of the cheque before it was tendered to the bank. Detective J. Gibson said the cheque was made out to and endorsed by Jack O'Brien. James Daniel McKechnie, manager of the Bank of New Zealand at Geraldine, said that the cheque produced was from a cheque book purchased by Gaby on 11th May. No one of the name of David Bell had an account at the Bank. When Allan Charles Herring, warder in charge of Mt. Eden prison bootshop, was called. Mr Haslam objected to the nature of the evidence to be given. The matter was discussed in chambers for four minutes, after which Herring was allowed to give evidence. He described the types of bootlaces made at Mt. Eden. He knew of no other place or firm in New Zealand where laces were similarly made. As far as he knew the only place the laces (produced) could i have been made was at Mt. Eden. Ac- ; cused had been in Mt. Eden and was discharged on 19th August last. Mr flaslam’s objection to all of .Herring’s evidence was recorded.