THE BURWOOD MURDER.

New Zealand Herald, Volume LXIV, Issue 19800, 22 November 1927, Page 14

THE BURWOOD MURDER.

, TAXIDKIVER ON TRIAL. DRAMATIC DEVELOPMENT. ; WITNESS RETRACTS STATEMENT ALLEGATIONS AGAINST POLICE. [BY TELEGRAPH. —OWN CORRESPONDENT.] CHRISTCHURCH, Monday The trial of Charles William Boakes, charged with the murder al Burwood on or about June 15 of Ellen Gwendoline Tsobel Scarff, was commenced in the Supreme Court to-day. Mr. Justice Adams was on the Bench. Mr. A. T. Donnelly, Crown prosecutor, had charge of the case for the Crown, while Mr. C. S. Thomas, and with him Mr. M. J. Burns, appeared for Boakes, who pleaded not guilty. An unexpected development in the case was announced when Mr. Donpelly told the jury that a witness named King, alleging that he had been persuaded by Detective Bickerdiko into making a false statement, as to selling accused drugs, now denied the whole of the evidence ho gave in tho Lower Court. In opening the case for the Crown, Mr. Donnelly said the murder was a savage and brutal one. He detailed the circumstances in which the body was found. The girl had been battered to death with a heavy motor-car spanner, and the injuries to her head and face were of an exceedingly dreadful character. Apparently from the circumstances the. first blow came unexpectedly. Opinion of Doctors. From the time that her watch stopped it would appear that the murder took place at 12.27 o'clock on the morning of June 15, said Mr. Donnelly. The doctors considered that the girl lingered from eight to 12 hours after she was struck. Mr. Donnelly submitted that the relation ship between Boakes and the girl Scarff reasonably excluded the possibility of her murderer being any other person than the accused. Accused was, on the facts that would be placed before the jury, the only person who had the motive, the interest or the opportunity for doing away with the girl. Mr. Donnelly then detailed the relationships between accused and the murdered girl. "In the lower Court," he continued, "a chemist's assistant named King gave evidence that he sold the accused pills and staff of that kind. This witness also handed samples to the police of the stuff he said hf> had given to the accused. This witness gave his evidence freely and frankly in the lower Court, and on the face of his evidence he had done wrong in giving Boakes this stuff. New Statement by Witness. "Within the last week this witness King consulted a solicitor in Christcharch and has gone completely back on the evidence- he gave in the lower Court. His solicitor has handed to irie and to Mr. Thomas a statement that King now makes. He goes completely back on his evidence and says it was untrue. He says now that he never sold any stuff to Boakes, and that the whole of his evidence was untrue, and that the reason he gave this false evidence was because he was persuaded or bullied by Detective Bickerdike into doing so. » "Well, gentlemen, this witnuss King 1 will call. It is to be assumed that he will stick to the last statement he lias made and if he does then what he now says is that the whole of the evidence he gave in the lower Court was untrue and false, and that the police persuaded him or bullied him into doing so." ■■y-r.. The jury would have to consider what the police practice was in these matters, added the Crown prosecutor. The police had to make inquiries. A detective or police officer saw witnesses and took statements from thenj. King wrote out his evidence in his own handwriting. Later, wanting to aniend the statement, King wrote out another statement. He also gave the police samples of what he said he had given to Boakes. It was in the Inst week (hat King consulted his solicitor and made his latest statement. Ellen Martha Scarff and William Walter Scarff, mother and father of the girl, gave brief evidence before the luncheon adjournment. Stampede, in PuDlic Gallery. When the Court was reopened there was a stampede for places in the public gallery. Although the police saw that people entered the Court in orderly fashion, men and women climbed over the seats in a rush for a position in the front row where, by craning the reck, one could see tho top of the head of the accused. The police cleared tho front row until those behind it had been filled, and when they allowed standing spectators to go into the front seats those in the back seats rose and "went over the top" in a short, sharp scramble for the places. The police closed the door of the public gallery as soon as the seating accommodation was filled, and for this reason the public soon settled down quietly to await the resumption of the proceedings. Many were unable to gain admission. Evidence of a nature closely following that of the lower Court proceedings was given by general witnesses. Witness Treated as Hostile. Sydney Charles King, chemist's assistant, said he had met Boakes about 12 months ago. Mr. Donnelly; You remember giving evidence in the lower Court ?—Yes. , Mr. Donnelly: Did you make a statement to Mr. Gresson in his office on November 4 ?—Yes. Mr. Donnelly: Which is true? That made to Mr. Gresson or that made in the lower Court ?—That made to Mr. Gresson in his office. Mr. Donnelly: Your. Honor, in the statement which I put in I submit. I am entitled to treat King as a hostile witness and cross-examine him. His Honor: That is so. Mr. Donnelly: Do you remember your lower Court evidence ?—Yes. Mr. Donnelly: The statement was altogether untrue?— Yes. . , Mr. Donnelly: Why did you give evidence before the magistrate which you now say is false ?—I was bullied into it by Detective Bickerdike. / Mr. Donnelly: Tn the statement yon say that on July 18 Detective Bickerdike got you into the police station and bullied it out of you ?—Yes. Mr. Donnelly,: On July 18 you wrote out at the police station a statement substantially tne same in effect as the one you gave in the lower Court? Whore did you get the information to put in the statement ?—.Detective Bickerdike made me write tho statement. Mr. Donnelly: How did he make you write it ?—He threatened that he had a charge against me. Mr. Donnelly: On the following day you brought .back to the detective samples of the drugs you said you hrid sold to Boakes?—Yes. The detective asked me to brine the samples. Mr. Donnelly: Why, then, did you bring the stuff back if you knew the statement was untrue ?—He practically ordered me to bring it back. „ Mr. Donnelly: But if it was not true, why did you not tell your employer?— Bickerdike told me to say nothing, Mr. Donnelly: You knew it was very wrong to make the statement if it was not. true? —Yes, I do now. Mr. Donnelly: In thp statement did you tell Mr. Gresson all you knew ?—Yes.

| Mr. Donnelly : Why did you not tell i Mr. Gresson that you had made two statements instead of one ?—I did. 11 Mr. Donnelly: It's not in your state- ! ment. After various other questions, Mr. Donnelly said to the witness: If your stateI ment is true, you knew you were doing I a dreadful thing by lying ? Witness answered, I do know now. Mr. Donnelly: Why did you.not speak to somebody about it ?—There was nobody to speak to. Counsel said he proposed to read the statement and if there was anything in it witness objected to, King could stop him. Allegation of Threat. In the statement, witness said in effect that when Detective Bickerdike questioned him at the police station regarding supplying pills to Boakes, he denied having done so, or having been ; asked by Boakes to do so. According to | the statement the detective kept on saying it was no use witness denying sup- | plying some pills. It was alleged the I detective threatened to bring a charge J against witness and eventually bullied him into admitting that he had supplied pills. The statement continued: "I said 'Yes' . because he had frightened me so that my nerve was all gone. The statement that I sold the pills to Boakes was untrue, and I make this statement now knowing that I have sworn an untrue statement in the lower Court. After I went up to my room again Bickerdike said that Boakes had obtained a bottle of liquid from me. I denied that, but I wasn't feeling much better and eventually I said 'Yes' to that ' " I Admitted Everything," "Detective Walsh had come in by then and Bickerdike went right through it all again. This time I admitted everything. As they went along Bickerdike suggested making a statement. They dictated it and I wrote it out. When finished they read it through and I signed it They said that I was to keep quiet and not to say anything to anyone.' They said I could go then. I had been at the station from a-quarter to three until a-quarter past five." The statement detailed what occurred at the police station on the morning Boakes was arrested. When Detective Bickerdike told Boakes witness was the man who supplied the pills Boakes said, "That is a lie." The statement continued: "I felt pretty bad when confronted with Boakes, but I couldn't see any way out of it, as Bickerdike had always told me to stick to my story and say nothing to anyone until the trial. I never said a word to anyone about the case. At the trial I gave evidence in accordance with my statement." In conclusion was the following passage;—"l didn't see Mr. Thomas until Wednesday, November 2, because I had in the meantime gone back to Timaru to my family. I had told my mother one night last week that my statement was not true. I am making this statement after being advised by Mr. Oresson that I am liable to prosecution for perjury for the evidence given in the Lower Court and my motive is a wish to put right the wrong I have done." It is anticipated that the trial Will end to-morrow.