MURDER CHARGE

Nelson Evening Mail, Volume 77, 4 February 1942, Page 2

MURDER CHARGE

SEQUEL TO MOA FLAT TRAGEDY IW’.OIRLR ON TRIM, Dunedin, Fub., 3, At the quarterly criminal session of the Supreme Court this morning before jMr Justice Kennedy and a jury, the trial was begun of Charles Henry Flax man, aged 34, farm labourer, on a j charge of murdering his wife, Marion ! Beatrice Flaxman, at Moa Flat on 18th | November, 1941 There was also a j charge of arson and one of attempted I suicide. The case tor tile Crown was conducted by Mr F. B Adams and Mr !0. G. Sevens, with him Mr C. 11. S. Stevens, appeared for accused. ; In his charge to the grand jury his Honour said a man was charged ' with the murder of his wife. If would I he stated that in his home he struck ' her blows that penetrated her brain and killed her. It would be said that when she was dead an attempt was ! made by someone to blot out the crime as, much as possible by burning down the cottage. Evidence would show that i accused lived with his wife in a cot- ; tage on the farm where lie worked as ; a labourer. Neighbours heard a cry land on going outside saw the glow of a fire. His Honour went on to sumI inarise the evidence and stated that the findings of a post-mortem exami mation would reveal that death occurred before the fire. After the body of | accused’s wife was brought out, he went away and cut his throat. If the evidence came out as it did in the Lower Court, said his Honour, he I apprehended the grand jury would find there was a case to answer and that a true Bill should be returned. A true bill was returned on each indictment. The Crown Prosecutor outlined the facts. He said the evidence would be that the instrument used was a household tomahawk. Flaxman married his wife, who was 25 years old, in June, 1939, and they had one child aged 15 months. Dr R. G. Stokes, Gore, said he examined Flaxman at Tapanui hospital. Flaxman was suffering from cuts on the throat, none of which was dangerous. Witness examined the 1 body of Mrs Flaxman and considered death due to head injuries. Dr E. F. D’Ath, pathologist at the Otago Medical School, detailed the results of a post-mortem examination. His opinion was that deceased was struck at least five blows on the head which had caused laceration of the scalp, fracture of the skull and laceration of the brain, that she died as a result of shock from the blows, and was probably dead before suffering burns on the body. The head injuries could not have been self-inflicted, but could have been caused by the tomahawk produced. John Mitton Garden, sheepfarmer, residing close to the Flaxmans said he arrived at accused’s home shortly after the fire occurred. Accused did not appear to be making strenuous efforts to get his wife out. Witness, assisted by his wife, got deceased’s body out of the room. When Flaxman appioached later, he said. "It’s too late, chaps. I’m done. I’m mad.” Witness took a knif-t from accused, who protested and asked to be allowed to finish the job. The case was adjourned till tomorrow morning.—P.A.