CHARGE OF MURDER.

New Zealand Herald, Volume LXII, Issue 18941, 12 February 1925, Page 11

CHARGE OF MURDER.

THE REMUERA TRAGEDY.. SIMPKIN BEFORE COURT. DEATH OF YOUNG WIFE. UNHAPPY MARRIED LIFE. The tragedy which occurred at Remuera on the evening of Sunday, October 5 last -—when the dead body of Mrs. Emma Simpkin, p.gcd 28, was found near the junctiou of Victoria Avenue and Manama Road, with a fatal wound in the throat and with her husband, James Simpkin, aged 51 years, suffering from a razor wound, close besido her—was carried a stage further at the Supreme Court yesterday, when Simpkin was arraigned on the charge of having murdered his wife. Mr. Justice Herdman presided, Mr. V. R. Meredith appearing for the Crown and Mr. G. P. Finlay for the accused. The circumstances of the tragedy, as summarised to the jury by Mr. Meredith, Crown Prosecutor, were as follows: Ihe Simpkins had been married for about nine years and had two children, both less than four years old. Simpkin was 18 or 20 years older than his wife, she was a young; girl at the time of their marriage. Their family life was characterised by quarrels and general unhappiness. Accused was never in regular employment and at no time did he provide his wife with a proper home. Much of their time was spent, in lodgings, but latterly they occupied a shack in the bush at tho .Thames. In their early married life Mrs. Simpkin had to earn money to help the household finances. She repeatedly complained to her parents, Mr. and Mrs. W. Ross, in prisoner's presence, of ill-treatment, and ho did not deny it. Four or five years ago, when the Simpkins were living at Milford, and when one of these complaints was made, Mr. and Mrs. Ross advised Mrs. Simpkin to leave her husband and ■return to them. Mrs. Simpkin, however, stayed on with her husband. Attempt at Reconciliation.

Three or four weeks prior to the tragedy the pair returned to Auckland from the Thames in order that accused might enter the Auckland Hospital to undergo an operation. On arrival they stayed for a few days at tho Ross home. Remuera. Apparently, however, Mrs. Simpkin had by that time determined that after her husband quitted the hospital she would no longer live with, him. It was on September 29, about a week before the tragedy, that accbsed was discharged from hospital. Probably knowing: that Mr. and Mrs. Ross would not receive him as an inmate of their house, accused went there only as a visitor. Within the next few days _be made two or three efforts to see his wife. In one of these calls he besought Mrs. Ross to persuade her daughter to return to him. On the Thursday preceding the murder he was allowed to see his wife and pleaded with her for reconciliation, promising good behaviour on his own part and also the provision of an adequate home if she would return with him to the Thames. Mrs. Simpkin was firm in refusing and, indicating a knife which lay on the table, said, "I would rather cut my throat, than go back and live with you again." She also asserted her determination to maintain the children. Father Finds Daughter's Body. Again on the Friday evening and the Saturday morning accused called ai the house. "On the Saturday he pushed his way into the room where Mrs. Simpkin was lying down and was then definitely told by Mr. and Mrs. Ross that their daughter's resolution was immovable and that they were prepared to help her in living separately. It "would appear, however, said Mr. Meredith, that accused obtained some kind of promise from his wife to accompany him to the Thames. When leaving the house after one of his visits he remarked that they were to go to the Thames on the Monday, but Mrs. Simpkin called out words 'indicating that their only purpose in making the' trip was to bring their possessions to Auckland, and that she had not relaxed her determination on the point of separation. Apparently accused and his wife made on the Saturday an appointment to meet on Sunday evening at the corner of Ma* nawn Road and Victoria Avenue. About six o'clock that evening Mrs. Simpkin left her parents' home. She asked her father to accompany her, but he attached no importance to the matter, and did not do so. Shortly afterwards Mr. Ross heard sounds resembling a roar and a scream. Hastening out he found the bodies of accused and his wife lying in the roadway, both with wounds on the throat, and Mrs. Simpkin dead. Nobody had witnessed her violent end, but it was clear, said Mr. Meredith, that accused attacked his wife in the tramway shelter shed at the corner of ' Victoria "Avenue and Manawa Road, with si razor which was found close by, and that she bad staggered down Manawa Road toward her home, and had collapsed and died after going about. 20 yards. Simpkin had apparently followed her, and, seeing the effect of his deed had attempted to end his own life. A Letter to the Deceased. Close to the bodies was found an envelope containing a letter, evidently written on the Sunday morning, and addressed to Mrs. Simpkin. In it accused in impassioned but in coherent language appealed to his wife to return to him, pleaded for forgiveness and promised good behaviour on his own part in the future.

Mr. Meredith suggested that it was fair to assume from the language of the letter that accused had contemplated a final attempt to induce his wife to agree to reconciliation, failing which he meant to take both her life and his own.

John Webster, survey draftsman, produced a plan of the scene of the tragedy. Sergeant Rock described the positions in which he found the bodies of accused and his wife at Manawa Road, and also the discovery of the raaor in a blood-stained condition, close to accused's hand. Accused told witness that the rator was his own and that he always carried a razor in his pocket. Felix V. Kelly, surveyor, and whoso home is in Victoria Avenue, close to the intersection of Manawa Road, swore to tho findings of the bodies. James Savin, builder, another resident in the neighbourhood, said that between 4 and 5 o'clock on October 5 accused met i him near the corner nnd inquired whether | witness had seen his children. Accused appeared to be disturbed in mind. Jury Visits the Scene. At this stage the case was adjourned until the afternoon to enable His Honor and the jury to view tho locality of the tragedy. fir. W. E. Williams said that he was called to Manawa Road while the Indies still lay in the street. Deceased's throat was wounded practically fiom ear to ear. Accused's own wounds had missed tho main arteries. Dr. G. J- Frongley, resident medical officer at the Auckland HospitaK stated that accused was in a low condition, but conscious when admitted. Just before Ills wound was sown up accused remarked, ' God knows why I did it." Though physically nearly exhausted, ho appeared to be mentally alert. Suggestions as to Condition, To Mr. Findlay: Life was almost out of accused at the time of his admission. Three separate operations for abdominal trouble were performed upon him early in September. Such operations would have a profound effect on the nervous system. They would tend to depress the nerves of a sensitive person. On discharge such a patient required rest and quietude. Intense excitement was liable to have an unbalancing effect Mr. Fin lay: In the case of a mars of nnstablo mental ogmlibrinm it might be the first- factor -which would gre® lam tie

turn completely away from the normal, carrying him bejtond tho borderline of sanity?— Yes. Mr. Meredith: Would not. the medical staff of the hospital assure themselves that a patient tvas fit to leave before they discharged hinyT—-Yes. His Honor: Would you distinguish this man's case from those of a multitude of other people discharged from tho hospital after operations?— No. Mrs, Emma Ross. mother of the dead womanj described prisoner's ill-treatment of his wife ami his approaches to her in the week preceding tho tragedy. To Mr. Find lay: Accused never made any kind of amswer when challenged with cruelty. His married life consisted of alternative periods of unkindoess to his wife and petting her. At times he would beat her and he tantalised her with persistent jealousy. Witness d;d not know of his saying, that someone was the cau&» of their troulile. Mrs. Simp/kin's statement that she would go to (the Thames was a pretest to get accused out of the house. William Ross, gardener, father of Mrs. Simpkin, sai<j that when his daughter left home on the evening of the tragedy, _ she had with liar a bag which contained clothing, H»: saw her meet accused and just as they moved out of his sight he heard a roar from prisoner and a scream from his daughter, which led him to follow them upi and discover both bleeding on the road.

To Mr. Findlay: He did not know that accused owrjad half a farm at Great Bar-

Dr. Murrajv, who made the postmortem examination iand James Ross, brother of Mrs. Simpkin, also gave evidence. Constable Cavaye, who had accused under surveijance while in hospital, said that accused remarked to him: " I don't know why I killed her. I must have been mad." He ajlso stated that he saw his wife return home late on the Friday and Saturday nighfis, in company with another man. H.p suggested that he thought she had been carrying on with this man. The case for the Crown stood unfinished when the hour for adjournment arrived. The jury were provided for by the Sheriff for the night.