MURDER CHARGE

Nelson Evening Mail, Volume LXXII, 26 October 1938, Page 6

MURDER CHARGE

DEATH OF NAPIER WOMAN YOUNG MAN ON TRIAL I United Press Association! NAPIER, This Day. The hearing of a charge of murder against Colin Herbert Hercock, aged 21, grocer’s assistant, of Waipawa, began in the Napier Magistrate’s Court to-day. Hercock is charged with the murder of Mrs Isobel Annie Aves on Sunday, 2nd October. He is also charged with attempted murder. Mr J. M. Miller, S.M., presided. The police case was conducted by Mr H. B Lusk, Crown Prosecutor, and Mr C. G. E. Harker, of Waipawa, represented the accused. At Mr Harker’s request the witnesses were ordered out of the Court. The first witness was Percy Sorrell, photographer, who produced photographs taken at the home of Mrs Aves. Dorothy Alice Stafford, single, aged 19, of Otane, said that she had kept company with accused for the past two years. About four months ago she found that she was in a certain condition, accused being responsible. Accused had wanted to marry her, but she was opposed to this. She suggested that she should go to Mrs Aves, but accused objected. Finally accused was persuaded, and witness went on Thursday, 29th September, to Mrs Aves’s house -it Westshore. Later that night Mrs Aves performed an operation on witness. Witness remained in the house until Saturday, Ist October, when accused took her home. Next day witness was very ill, and when accused saw her he was worried. Witness did not want a doctor, but accused brought one in the evening, and witness later went to hospital in Waipukurau. Dr. Philip Patrick Lynch, pathologist, of Wellington, described his examination of a silk nightdress and a quilted dressing gown sent to him by De-tective-Sergeant Nuttall. He said that both were heavily stained with human blood, while there was a bullet hole in each, indicating that the person who wore them had been shot in the chest in the left side. Witness also described an examination of the bullet and said that there was no blood visible on it. Arther Anderson, Otane, farmer, employed by Miss Stafford for the past three years, said he knew she was keeping company with accused. Miss Stafford left on 29th September and returned about one o’clock on the following Sunday morning. The same day accused saw Miss Stafford and later in the evening called again with a doctor. Miss Stafford was removed to hospital. After the ambulance left accused said he would walk along and pick up the first car that came along and get home. Accused seemed very worried. Thomas James Hercock, single, Waipawa, brother of accused, gave evidence that his brother slept in the same room as he did. On 2nd October witness had been out in a car until 9.30 p.m. While reading in bed accused came into the room and asked witness where the bullets were as he was lending the rifle to another man. Witness said he did not know where the bullets were. He warned accused against lending the rifle as if anything happened accused would get into trouble. Witness continued reading and did not see his brother leave. The police called at the house on the morning of 3rd October. His brother was not home and his bed had not been slept in. The car was then missing. Accused’s mother, Beatrice Margaret Hercock, said she always understood her son’s name to be Colin Walter. When she got his birth certificate recently she found he was registered as Colin Herbert. On the evening of 2nd October accused told witness he was going out. A discussion arose about accused’s birthday. He then kissed witness and left. He seemed his usual self. Dr. Donald Young Allan, of Waipukurau, said that he went with accused to Otane in October and examined the young woman whom he had removed to Waipukurau Hospital. The recovery of the rifle was described by a diver, James Donovan. He said he searched from 11 a.m. to 2 p.m., when the gun was found about 30 yards offshore. Constable R. H. Moss, of Waipawa, produced a permit to procure a firearm made out to Colin Walter Hercock. The permit was for a .22 calibre light shot Browning automatic rifle. No application was made for the transfer of the rifle from accused to any other perRobert Buddicomb, watersider, stated that on the evening of 2nd October he was at Mrs Aves’s house at Westshore. Deceased was a friend of his. At about 11.30 p.m. he was standing in Mrs Aves’s bedroom, Mrs Aves being in bed. Witness was near the window. He heard a car slow up at the gate, but it moved on again and pulled up about 25 yards past the gate. He then heard footsteps coming in the gateway and heard a man speak. Mrs Aves put her head out the window and asked who was there. In response to a voice she left the room. Witness heard a scream, then what he thought was a thud. He ran to the door. Mrs Aves grabbed hold of him and said she was shot. Witness could see a figure outside at the bottom of the steps. He took Mrs Aves back to the bedroom. He saw a man go out the gate. He seemed to trip as he passed through, then ran along the road and got in on the right-hand side of a five-seater car. Witness could not give any description of the man. There were other people in the house at the time. (Proceeding)