MURDER CHARGE FAILS.

New Zealand Herald, Volume LXV, Issue 19889, 7 March 1928, Page 10

MURDER CHARGE FAILS.

DEATH OF SMALL BOY.

COURT ACQUITS FATHER.

RECENT FARM SENSATION.

CHILD PRONE TO FRIGHT.

NO EVIDENCE OF VIOLENCE.

[BY TELEGRAPH. —OWN CORRESPONDENT. ] CHKISTCHURCH, Tuesday.

The Courtenay farmer, John Duncan, whose house and oatsheaf stacks were destroyed by fire on February 6, was to-day-charged with the murder of his two-year-old son, David Duncan. The Court proceedings and the inquest were held together, Mr. E. D. Mosley, S.M., presiding. Mr. A. T. Donnelly, Crown prosecutor, conducted the case, and Mr. C. S. Thomas appeared for accused. Duncan, a short, heavily-built man with a moustache, was allowed to sit down in the dock.

Evidence was given that accused had a hasty temper but soon recovered himself after an incident. Ha had seemed excited on February 6, on his return from the Court at Christchurch, where his wife had been granted a separation and maintenance. He told his men to stop work and paid all his hands off. He had his child with 'him, but told the men he would have to give the child up in the morning. He informed the housekeeper that she would have to go as there would be no one in the house that night. Accused's sister-in-law, Teresa Sword, single, said that when Duncan saw her at the farm with his wife, about 4.30 p.m. on February 6, he had the baby in his arms and went to the wash-house, where he stood at the door with an axe in one hand and threatened them with the axe when asked for the child. Accused told them to get off the farm or else he would use the axe. Property Found on Fire. William S. Pattison, who accompanied the women, said that when he asked for the child accused sadi: "You were responsible for her first husband's death and will, be responsible for mine and my child's in the morning." Accused used very bad language to them. Eventually they went to Kirwee and, returning about 6.45 p.m., found the house, the stacks and the stocks all on fire. There was no sign of Duncan or the child. George Seaton, farmer, said he saw Duncan'# house afire and Duncan driving down the paddock with his child in a gig. Later he saw the horse aud gig going along the road at a gallop. There was no one in the gig. Accused had told witness th3fc if his wife got all she was asking for in the maintenance case he would walk off the place. James Riley said he saw accused enter the gig with the baby and then go round the whole of the stacks and light them. His house was then alight. He attempted to light, the stripped paddock, but the grass would not catch fire. Robert Henderson, farmer, said he found the body of the baby at 9 p.m. in a water race, in about 12 or 14 inches of water.

Dr. A. B. Pearson, pathologist, said a post mortem examination revealed that the child was in a state that would have rendered it very susceptible to shock and liable to sudden death under anaesthetics or under any strain. It would.be liable to die under any sudden fright, such as might be caused by seeing the place burning. No Water in Lungs. Mr. Thomas: Was there any water in the lungs ? Witness: No. Mr. Thomas: There was no trace of drowning?— No. Witness added that a child in this state might become unconscious, vomit and inhale and die from the effects.

Felix John Theodore Grigg, Government analyst, said he examined the contents of the stomach of the dead child. Ho did not detect the presence of poison or any other suspicious substance. Constable Douglas Johns, of Darfield, said he searched for accused but found no trace of him on the farm. He found Duncan at 8.20 p.m. watching the fire. His clothing was wet. There was a cut on his arm. Witness asked where the child was and accused replied, "I do not know. They took him away this afternoon."

Constable Gibson, Coalgate, said that in reply to a question about the boy accused said: ''He is better dead than with anyone like his mother." Detective Thomas said that when De-tective-Sergeant Young charged accused with murder, accused replied: "I did not murder him, but I suppose I will be hanged for it. There is nothing to live for now. A man tries to live respectably and this is what happens." In the course of a statement to Detec-tive-Sergeant Young on the day following the affair, Duncan had said that his married life was unhappy, and on December 10 his wife had left home taking her child by a previous marriage with her. No Memory ol Event.

The statement outlined the Court case, in which maintenance was fixed at £2 a week, and Duncan's subsequent arrival home. He told his men he would have to discharge them as he had no money. When his wife and her sister arrived in a car with two men, he did not remember what he said. "I do not remember anything else," the statement concluded, "until I awoke in the hospital strapped down. I did not know the house and stacks on my farm had been burned down. I do not remember setting fire to them myself, and I do not remember how I got the cut on my left arm, nor do I remember how I got wet."

The magistrate returned a formal verdict that death was duo to asphyxia following the inhalation of food into the bronchial tubes.

"I submit, Your Worship," said Mr. Thomas, "that the prosecution has failed to prove a prima facie case against the accused. On consideration of the report of the post mortem examination, all question as to murder has been absolutely dispelled."

The magistrate said he could see no possible reason why accused should be committed to the Supreme Court. There were no signs of drowning, no signs of violence, and no signs that the child had been mishandled in any way. Accused was discharged..