CHARGE OF MURDER.

New Zealand Herald, Volume LXIV, Issue 19780, 29 October 1927, Page 14

CHARGE OF MURDER.

(TRIAL OF PAUL LENDICH. EVIDENCE COMPLETED. CONTENTIONS FOR DEFENCE. BIRTH OF BABY DENIED. The murder trial of Paul Lendich, a Dalmatian gumdigger from near Kaitaia (Mr. Finlay and Mr. Reynolds), was continued in the Supreme Court yesterday, before Mr. Justice Herdman. Accused •was charged with murdering the female infant of Rosie Te Whiu on August 23 last. It was alleged he had taken the child away shortly after its birth, and no trace of it had since been found. Mr. Paterson conducted the prosecution. , An attempt was made to complete the hearing last evening, but the examination of Lendich, who gave evidence, continued nntil after nine o'clock. His Honor then pointed out it would be impossible to finish that evening, as there was still another witness, the addresses of counsel and his own address to come before the jury retired. It was therefore inevitable that they should sit again this morning. Speaking through an interpreter, Mihi Boroevich, a sister of Rosie Te Whiu, said that accused went to tell her that Rosie was ill, but when witness suggested that she had had a -baby accused said there was no baby. She went to accused's whare, where she found Rosie and her mother and accused. Rosie said there had been no child, but witness told her there must have been. Girl's Sister Threatened. Rosie looked over at accused, and said she did not want a doctor to come. When witness spiked accused what be had done with Rosie's baby, he threatened to kill her. Later, when accused learned that a doctor had examined Rosie, he became greatly agitated. When told that the doctor said Rosi<a had had a baby accused said the doctor was a liar. In reply to Mr. Finlay, witness admitted she talked English every day, and could write English a little. However, after a few attempts at getting evidence in English, counsel concluded it was more satisfactory to fall back on the interpreter. iWitness said that prior to the doctor's visit she was quite friendly with accused, but after that they were not on speaking terms. The Crown called Bella Te Whiu, the mother of Rosie. Mr. Paterson did not put any questions, but simply offered her for cross-examination by Mr. Finlay. She 6aid accused had never wanted to marry Rosie. She had agreed when a marriage was first suggested, but told accused he must not take Rosie away until he had married her. Maud Devich, wife of George Devich, living at Kauri Flat, near accused, said she found Rosie Te Whiu ill on August 23, and visited her several times during the day. Accused was. at home in the afternoon, but not in the morning. She attempted to examine Rosie, but Rosie .would not let her. Accused Sends for Assistance. Accused went over after dinner to ask Witness to assist Rosie in her confinement In the evening the atmosphere of the piiice was quite bright and cheerful. Rosie was smiluig and happy. it •was only some days after that witness J he -d noout the uaby. There was a noticeable change in Mini Boroevien's Bioi-y aner accused had the trouble with mother. Accused seemed to her quite , f!!>ek and open that day. H. G. Rix said that on September 1 to Waipapakauri and examined p..tKwlhu. He gathered she had recently delivered, but he would not say of a later examination he was of opiS^ e S'rl been de livered of a child of at seve " maturity. He would alter eight or ten days it was a ! P ,~j». 'f tlo ' impossible, to tell by physical" exannna tion of the mother whether a child had been born. Dr. E. H. Milsom, consulting surgeon at 'Auckland Hospital, said ht examined Rosie Te Whiu two days ago and found strong presumptive evidence that sh? had been delivered of a child of viable age, that is, one that had reached a stage of development consistent with life. All the signs ho found would be consistent also with the birth of a dead child. Constable Partrick O'Gorman, oi Kaitaia, said he was calloJ to Kauri Flat to investigate a compliant of assault, and •was led to make farther inquiries. Rosie Te Whiu complained that accused had stolen her bafy, and accused said she was telling lies When accused was charged with murdering the baby, he said he had ner f r seen it. Witness and other constables natives made a search of the neighbourhood for several days, but found ik thing of importance. Prisoner had tola a consistent story throughout. Opening of the Defence.

Mr. Finlay said he felt' it his duty in a case of this kind to adduce all the evidence he could give, aDd he proposed to call Lendich himself. For this, the most serious crime in the calendar, the law knew but one penalty. For defence he had to offer but the the plain, simple story that Lendich hfid told all along. Lendich would tell them all. from ginning to end, what he knew. He wanted the child and told Rosie to prepare clothes for it. None of the burden of proof rested opon counsel, but upon the Crown. Ihe Crown had to show that the child was born, that it was born alive, that it was murdered and that it was murdered by the hand of accused. Even if they did not believe accused but thought what hj& said might be true, it was their bounden duty to give him the benefit of the doubt. Accused, in evidence, said he had been keeping company with Rosie Te Whiu since about July of last year He wanted to marry her, but her mother would not agree. He detailed the happenings at his v hare on August 23. and denied all Bosie's statements about a baby having bo«"' bom He wanted a baby. He Visited Rosie when she stayed a week with her mother afjter August 23, and she made no compiaint. He was not angry when &e heard a doctor had been called for Rosie, but he thought he should have been given opportunity to send for the doctor

Girl Returned oi Her Own Accord. "Rosie saici she wanted to go back to live with him, and went back of her own accord on September 9 Her mother went next day looking wild and there was trouble between them Rosie took her mother home, saying she would come back, but she did not come back On September 13 Constable O'Gorman arrested him on a charge of assaulting Bella Te Wl.iu. He had never threatened to kill Mihi if she did not stop talking about, the Laby. Julia Orlich, of Kaipara. said she had been sitting in the Court at Kaitaia during the hearing of the charge against Lendich. She asked Home, "Is it true you had a baby and your husband threw it away ?" Rosie admitted that Lendich had not seen a baby of hers. Witness did not know Lendich She had not seen him for some two years. His Honor: Did she tell you she had not had a baby? Witness: No, she never mentioned anything about a baby. Dr. Rix, recalled, said he had reason to suppose that Rosir- Te Wbiu was suffering from a disease that predisposed a ■woman to have a still-birth. This concluded the evidence, and at 9.45 Pie Court adjourned until this morning.