THE BURWOOD MURDER.

New Zealand Herald, Volume LXIV, Issue 19730, 1 September 1927, Page 11

THE BURWOOD MURDER.

CASE FOR THE CROWN. EVIDENCE BY DETECTIVES, COUNSEL OPPOSES COMMITTAL. DECISION TO BE GIVEN TO-DAY. [BY TKLVXinAI'If. —OWN CORRESPONDENT.] CHRISTCHURCH, Wednesday. An engineer's spanner and a bloodstained military overcoat were exhibits concerning which evidence was led to-clay in the Magistrate's Court, when the inquest arid Lower Court proceedings in the Biirwoc>d murder case were resumed. ; Charles William Boakes, aged 37, taxidriver, was charged with having murdered Ellen Gwendoline Isobel Scarff, aged 20, at Bur wood about June 15, and also with having about May 16 supplied a drug to Miss.Srarff knowing that it was intended to be unlawfully used. Mr. A. T. Donnelly, Crown prosecutor, appeared for the police; Mr. C. S. Thomas and with him Mr. M. J. Bums for accused, and Mr. Cavell watched proceedings on behalf of relatives of Miss Scarff. Felix John Theodore Grigg, Government analyst, Christchurch, said that on June 18 he made a careful examination of nine bottles received from Detective Mayne, but found no trace of any poison or of any substance which could be used to procure abortion. Spanner Hanging in Bush. David Davidson, storeman, Wellington, said that in Juno he was staying in Christchurch. At about 3.30 p.m. on June 16, while standing at the scene o£ the murder, Lake 1 err ace Road, watching broom being cleared away he noticed a spanner hanging in a gorse bush nearby. He handed the spanner to Detective Eade. Detective Eade said that he took the spanner found by the previous witness to the detective office. The spanner produced was the one that was found. There were bloodstains on it, partly dry. The spanner was sent to the finger print department in Wellington and examined, but no finger prints were found. Mr. Thomas: To what extent was the blood oil the spanner? —The whole of the spanner was covered with it except for the lower jaw. Mr. Thomas: The bigger jaw?—les. Mr. Thomas: Right down? —Yes. The blood was drying, cracking and falling off, most of it. Mr. Thomas: You say there was some that was not dry ?—Yes. Exhaustive Inquiries. Detective Laugeson said that on June 16 he saw the "spanner which was taken to j the detective office by Detective Eade. There were traces of oil in the jaws as though it had been recently used. Witness made inquiries at all engineering works, motor garages and foundries in Christchurch and showed the spanner to a total of 1510 people. They included taxidrivers and engineers. None of the people was able to identify the spanner or say he had seen it before. JVitness was unable to find a spanner exactly like it. On July 2, with Detective Thomas, witness searched the effects of Miss Scarff at her home. In a locked cashbox in a drawer he found 'a piece of paper on which was written the name of ' M.C. Boakes." Alfred Edwin Smith, managing director of Smith's Motors, Ltd., said the spanner resembled that supplied in the tool-kit of a certain make of car which came from Belgium. He based this opinion on the design of the spanner and because it was a metric tvpe spanner. Lionel James Leversedge, labourer, said that on June 25, when engaged in clearing scrub on North Beach .Road lie found the military overcoat produced in Court. The coat was neatly folded inside out. Witness took it out to other workmen to see if it belonged to them. There were bloodstains on the coat, which he handed over to Detective-Sergeant Young. Goat Damp When round. To Mr. Thomas wimess said the coat was slightly damp when he found it. Winifred Capes confirmed evidence given yesterday that about Christmas last year she and* Miss Scarff and Boakes and another man went to Dallington. Two White Diamond taxi-drivers produced time-sheets to show that on June 8 thev did not make a trip to Cashmere. George Lowis, fruiterer, said that, Boakes worked for him on the Sumner bus until October 16, 1926. During that time witness had seen Miss Scarff in the company of Boakes. On June 17 witness saw accused near Warner's Hotel. Accused went to him and witness mentioned that he had heard that accused had been detained tiie previous day and that a spanner hud been found. To a question as to what accused said, witness replied: "Well, I had previously told him who the informant was" —that it was Jim Patrick—and said 'I suppose he wanted to know if you had lost the spanner' ?" Questioned 'regarding any conversation about the giri, witness said : "I reminded him that I had seen the girl in the bus and said that that was on Friday night and she rode right to the Square in the bus.' He was telling me the detectives said that he had procured some kind of drug for the girl and ho remarked that he did not know any chemist well enough to procure stuff from him. He said he knew of the girl's condition." * "Had Troubles Enough of His Own." Counsel you say what he actually said ?—No. He said a good deal. He said a man who took money home every week and put it down on the table could not be so bad. Witness said that Boakes told him a woman had been conversing with the girl on the riverbank. This person had been told by Miss Scarff that "Charlie" was getting something for her or had done so. Witness continued that he asked accused if the girl had ever mentioned who was responsible for her condition and accused said she had never mentioned anyone. Witness added that he asked Boakes the reason the girl saw him and Boakes replied that the girl used to tell him her troubles. Boakes added that, he had enough troubles of his own without bothering about Miss Scarff's. William Dickinson, son of the proprietor of White Diamond Taxis, said that Boakes had been in the employ of the firm since November 6. 1926. and remained in the firm's employ until arrested on July 2?. At the time of the murder his hours wrre from 5.40 a.m. unlil 4.30 j p.m. The only tools issued to drivers ! were wheel braces and jacks. All cars were fitted with meters and I drivers were renuired to fill in running ! sheets, continued witness. Consumption of petrol was checked. Tn June Boakes was the sole driver of car No. 22. Boakes' running sheet for June 8 was produced. It showed a trip at 6.35 a.m. from Cashmere to the Square, finishing at 7 a.m. There had apparently lieen an erasure from the sbcf»t. which was made out in Boakes' handwriting. Mr. Donnelly: The sheet for June 14 showed that thf> meter was off at the end of the day. What does that mean?— The meter broke down at 2.30. He went off at 4.30. Mr. Donnelly: You paid him that day? '—Yes. Mr. Donnelly: The next morning he started as usual ? The meter was off altogether that day and he. worked on the speedometer ?—Yes. Alfred Monlinj taxidriver, said that accused used to he on the same stand with him. Ha had a conversation with accused two or three weeks after the murder. He said to accused. " You know what things are being said about you round town, Charlie, that you have been going out with the girl Scarff?" Accused said it was not him but some other " Charlie." Mr. Donnelly: Who was this Charlie ? He said he used to be a taxidriver,.

Mr. Donnelly: Was the girl'a condition mentioned ? —I mentioned it fcs Boakes. He denied he was responsible. ■: Samuel Halligan, taxidriver, said thafi between five and six o'clock on June 22 he spoke to Boakes about the murder..- tBoakes mentioned that witness had been talking to detectives on the previous night and witness replied: "It did not refer to your affair, Charlie." Boakes replied: " I am not worrying about that.. I have got it on my sheet to show whera I was." They talked of the murder on • two occasions. Boakes used to have a military overcoat. Witness could not remember whether anything else was said about the time sheet. Detective-Sergeant Young gave evidence of going with other detectives to the sceno of the murder at 2.30 p.m. on Juna 15. A tuft of hair resembling that, of Miss Sea iff was on the ground. Witness interviewed the boy Mugford. Mr. Thomas objected. " This cannot possibly be evidence," he said. " Mugford was not cross-examined on it. Ha will be when the time comes. The only way they can put it in would be to recall Mugford." The whole of the section was scoured by members of the police, continued witness. No trace of anyone could be found on the section. Mr. Thomas: One is surprised at that. Interview With Accused. The broom also was examined where the section opens out to Bottle Lake lioad, said witness, but no trace was found of anyone having emerged from the scrub in that direction. A suitcase contained a nightdress, which had not been worn, a brown paper parcel, 11 handkerchiefs—one of which was marked Gwen. Witness said no trace could be found of where the girl had been from the time when she spoke to Arps in Cathedral Square between 6 and 6.5 p.m. on June 14. On June 16, continued witness, he and Detective Thompson interviewed accused at the police station. In the first, statement to the police accused denied having had improper relations with Miss Scarff, obtaining drugs for her, or that he was going to Hastings with her. He said the spanner was not his nor had ever been handled by him. He denied the correctness of his wife's statement that he was out late on the Monday or Tuesday evening preceding the murder. . Witness said that in the match-pocket of the military overcoat found there was a tab from a glove. From June 16 to June 27 he saw Boakes daily, except on Sundavs. During that time accused did not wear an overcoat,. On June 27 he - wore a military overcoat similar to the one produced. It was the coat worn at the time of his arrest. On July 27, with Detective-Sergeant Bickerdike, witness charged Boakes with the murder of the girl Scarff. When the charge was read to him he said, "Oh." He was then arrested and locked up. At the request of the magistrate a policeman tried on both overcoats. One was shorter than the other. Trip to Cashmere Hills. Detective Thompson gave corroborative evidence. He said that after DetectiveSergeant Young left the office Boakes said to witness: "Have they found the thing that killed her?" Witness replied he did not know, as he was not dealing with tlyt part of the investigation,. Detective Sergeant Bickerdike said he interviewed accused on July 1. He referred to a trip to Cashmere Hills on June 8, saying he had received a message from a man who said he was speaking from a public telephone near Dus's store. He picked up the mar. and dropped him in the Square, being paid 6s 3d. The man was a complete stranger. Boakes admitted he knew Miss Scarff, but said he did not y move any luggage from Mrs. Wood's house. He said he introduced Miss Scarff to Arps six months ago and together with a girl called "Win" went to Dallington. He was not. at Burwood on June 8 and did not catch a tram at the Burwood War Memorial at 10 o'clock on that night. He had never taken Miss Scarff out in'a car. Witness continued that accused said that on June 15 he started work at 5.30 a.m. He accounted in detail for his movements throughout the day. On June 14 he also commenced work at 5.30 a.m.,. . and was on duty until 4.30 p.m. He went straight liome to his wife and .children and did not go out that night but went to bed at 8.30 or 9 o'clock. He denied he had a spanner like the one produced or that he had been in the vicinity of Bottle Lake. He. said that in 1910 he had trouble regarding an illegitimate child in Auckland, of which he was not the father and received six months' imprisonment for perjury over the case. • - " Overcoat Hot His Property,'* Accused said the military overcoat was not his property and was not in his possession. In response to a message he went to the Federal Hotel on June 113, at 4.45 p.m. and asked who wanted him. *'* A door was opened by deceased and he said: "Good God is it you, Gwen." She told him she was leaving home. After a short conversation he left and did not see her until the following day and then only for a little while. • After the statement had been read to him, continued witness, Boakes said there is " another Charlie besides me and he knows the girl well. He docs not geton well with his wife." When asked who the other man was Be ikes said h* worked in a coal, vara in Co.ombo Street. Witness said: "What is his full name," and Boakes replied "I don't like dragging other people in, but his name is Charlio Keys." Witness said, "Can yon give me any information that Keys knows anything about this murder ?" "Itis —" your duty to find out and you know how to do it," replied accused. On July 27 witness again interviewed accused, telling him of an interview with the witness King. Accused said that Kiitg's statement was partly true, but that he did not buy pills or drugs from him. King was brought to tho police station at Boakes* request. When he came in Boakes "Hello, Syd." Witness asked King to repeat his statement as to supplying Boakes with a drug and pills. King did so. Boakes assumed a threatening attitude. Witness said he interposed as he thought Boakes might strike King. Accused said to King, "You are a liar." Contention by the Defence. Charles Keys, the man deferred to by Boakes, said he had known Miss Scarff for seven years. He had a motor-cycle bill, bad not taken the girl out on it nor had he a military overcoat. Mr. Donnelly intimated this concluded hi., case. i The time was 5.5 p.m. The magistrate said he would like to have an opportunity of going through the evidence and would adjourn the case until to-morrow. Mr. Thomas submitted that there was no prima facie case agamst his client on the charge of murder. He admitted there was a case on the charge of supplying drugs aud accused would have to go to trial on this. There might be evidene*that accused had misstated facts — r that there had been intimacy and Miss Scarff, but this could n<oi* taken as proof toward a murder id There was no proof at all for some days prior to the murder connect. Boakes with Miss Scarff, the only shrt of evidence being the overcoat. Thou sands of these were in Christchurch. "It would be wrong to send mv client to trial and no jury would convict, him," said Mr. Thomas. ' • "' * Mr. Donnelly said the case proved continuous relationship between deceased and accused. ■ As coroner, Mr. Mosley gave a verdict that Miss Scarff died on a section at Burwood off Lake Terrace Road on or about June 15, 1927, death being due to her being murdered by soma person by means of a blunt the actual cause of death being concussion, associated with hemorrhage and fracture of j_the skull. The magistrate said a case was established on the charge of supplying a drug, whereon Boakes entered a pl e ®_9 . , guilty on this charge and was commit Ma Supmne OrisShS on Noreserved his decision