CHARGE OF MURDER.

New Zealand Herald, Volume LXVII, Issue 20563, 14 May 1930, Page 13

CHARGE OF MURDER.

THE TBIAL OP MUNN.

EVIDENCE COMMENCED.

ILL-TKEATMENT alleged

testimony of ciiildken.

MRS. STUCK'S STATEMENT.

The" trial of Arthur Thomas Munn, aged 45. furniture-maker, charged with (he murder of his wife, Lillie May Munn, n t Norllicoto, on February 11, was continurd beforo Mr. Justico llerdman in the Supreme Court yesterday. The prosecution was conducted by Mr. Meredith, Crown Prosecutor, with whom was associated Air. McCarthy, and tho defence was conducted by Air. Northcroft and Jlr. Alumo. There is every indication that tho trial will ho a prolonged one, probably lastinr into next week. It was arranged at the outset that the evidence should be taken slo'v.'lv arid that the notes of it should ho compared by opposing counsel at tho close of each day in tli® interests of accuracy. Air. Meredith concluded his address to iho jury, which had occupied most of the previous day, at 11 a.m., and proceeded to call his evidence. Tho witnesses included a son and two daughters of accused by his first marriage, and Airs. Gcorgina Stuck. Tho keenest public interest was again shown in tho trial and tho women's gallery was crowded all day..

Arrest of Munn. Continuing his opening address Mr. Meredith said lie had been referring at tho close oi tlio previous day to tho receipt of tho analysts' reports indicating the presence of strychnine. After this it was deckled to arrest Munn. When tho detectives. were at his house reference was lnado to tho children, and Munn was asked, -" Do you intend to got a housekeeper?" Munri's answer was, " Is'o damned housekeepers for me; I know too much." At that very time ho had already made arrangements with Mrs. Stuck to keep house for him. It might be thero was nothing in that, or it. might bo that Munn wanted to keep from the notico of the detectives any knowledge of Mrs. Stuck. Detective Sergeant Doyle and Detective Tower went to Northcote on Saturday, March o, with a warrant for the arrest 'of Munn. Mrs. Stuck opened tho door, and they asked to seo Munn privately. They charged him with tho murder of his wife and placed him under arrest. Then, said Mr. Meredith, Munn said this remarkable sentence: "What is tho evidence like?" Ono would expect an innocent man charged with a foul crimo to make somo indignant repudiation. Detective-Sergeant Doyle told Munn that ha could not discuss the matter with him. Munn said: " I told you I bought poison, that I got tha doctor and did everything for the. damned woman." The detectives noticed that since their earlier visit new blinds had been put on tho windows and new linoleum on tho floor. Three Answers to Question. Counsel contended thaii it had been established that. Mrs. Munn had died of strychnine poison administered in several doses. The point then was: How did she receive that strychnine ? There could be only three answers: (1) That, she took it accidentally: (2) that she administered it to herself; (3) that it was administered to her by someone else. If so, by whom was it administered ? Tho Crown Prosecutor took first tho possibility of accident. The poison could not have been in either of the two bottles of medicine. Mrs. Munn had a strychnine convulsion on the Tuesday before tho first medicine hgd been prescribed for her. Tho second bottle was analysed and found to contain no strychnine. Munn was givirg, on his own admission, salts to his wife every morning. Tho rest of those salts had been analysed without finding any strychnine. It could not have been in the food because there was no sign of illness in any others in the house. Munn said that for ten days prior to tho finding of the bottlo in tho drawer ho had not seen it. The second -possible explanation was that deceased had taken it herself voluntarily. But Mrs. Munn was of a cheerful disposition. There was the letter of Sunday, February 2, full of little household details, indicating a cheerful, bright disposition It was not the letter of a woman contemplating suicide by the j frightful means of strychnine. Then j there was her agonised questioning of Mrs. i Gill when she was in convulsions. And | was it possible that any woman having j gone through these agonies would will- j ingly go through them again time after ; time? It was unthinkable. Then there was her cheerfulness on her good, day, and the cheerful, happy letter that she. wrote to her mother on tho Sunday night, two . days before hef death. Suggestion in Letter. If Mis. Munn* took the poison it was impossible to suggest that sho took it for | any other purpose, than suicide. Counsel j had received a letter from bis learned | •friend suggesting that it might have been i taken by Mrs. Munn for a medical reason, j If that was advanced tho medical evidence ! of her health negatived the idea that there Was any reason for this. Strychnine was ■ well known to., every adult as a most deadly poison. Was any woman going to be trifling with it? There was a : hook in Munn's house which was a kind of " own doctor," but it did not refer to j strychnine as being useful for the purpose . suggested. . I When the ouestion of the strychnine I bottle came ujn'Mnnii made a statement, j saying that he had drawn his wife's atten- j lion to it and shown her where it. was , placed in tlio pantry. The bottle, bo j said, liiid been half-full when ho last saw j it, but was then practically empty. lie j said he bad not seen it for about ten days, and in the interval about half tho • bottle had been used. He suggested that | someone else had shifted the bottlo and • used half the content'.;. Ho threw the j onus definitely on Mrs. Munris of having \ taken the poison herself. To the polico and to Mrs. Stuck he made suggestions of. suicide. Suicide in the light of the letters and o: the oilier evidence, was not ,i feasible suggestion and thero must he some other. Therefore this suggestion ; of a medical reason was introduced. Another Question. If they concluded that the poison was not, Mdf-ndministercd or accidentally I taken there camu tho question, By whom , v 'as the poison administered? Who had j 'he opportunity ?-Munn" had the oppor- ; luriity. X 0 ()[;(. rise had. lie was living 1,1 the house, with deceased, giving her | medicine, looking after her, and he was j giving her salts". Who had the motive? i ■Mrs, Munn had no enemies, but Munn had been tired of her for years. There w ,as the advertisement for another and the meetings with her developing apparently into an infatuation of Munn for Mrs.' Stuck, the immediate i forwarding to Mrs. Stuck of the news of the "stroke" and the reciprocal telegram: Want to crime back, lonely, Georgie." On the 'Tuesday w hen his wife died •"'unn went over to tell Mrs. Stuck and °n ihursday arranged for her to come housekeeper. He installed her as hoiispkeeper on Saturday, shortly afterwards proposed marriage to her and took " Cl ' wedding ring from her, saying he Would get he.r one. All this would supply

n. motive if they wero in search of one. Inen there was the will made a month a tor the purchase of strychnine whereby is. Alunn left everything to her husband, excluding the children. Consideration should also bo given to Munn's movements beforo and after the (ieatli of his wife, Mr. Meredith said, in fairness to Munn several things should be mentioned which would suggest that he had been bona fide, such as the buying oi the strychnine in his own name and 10 ca lling in of the doctor. On the other hand, they must also consider that if a person intended (o poison ho had to consider the probability of subsequent inquiry, and tho mere fact of acting openly avoided suspicion and was tho best way to undertake poisoning. It was • obvious that tho buying of poison under an assumed name or in another part of tho town would be extremely dangerous, and that a death without tho calling of a doctor would result in an inquest and a post mortem, with inevitable discovery. ' On the one hand, the facts wero compatible with absolute innocence. On the other hand, they were the same that a man wishing to cover his actions would undoubtedly take. Visits of Doctor. Munn, in his preliminary statement to llio police, had strongly suggested suicide and his wife's dread of being put in a hospital. It, was suggested by tho prosecution that Munn had impressed on Dr. Dudding his wife's fear of hospital treatment to guard against tho possibility of her being sent wliero she would bo under observation. Mr. Meredith also pointed out that Munn called (ho doctor in on Thursday, I'ebruary 6, when Mrs. Munn was much better, but not on tho following day, when she was very ill. On tho Saturday he reported to the doctor that she had been "going on much tho samo," with no mention of tho illness on tho previous day. The Crown Prosecutor mentioned variations between tho respective statements made by Munn and tho chemist regarding discussion of the use of tho poison for rats, Mur.n's disregard of tho precautions advised by the chemist, and his curiosity regarding tho disposal of the blood which had been drawn from Mrs. Munn. It had also to be considered whether Munn's grief was likely to bo such that he would start for' the city without a collar after his wife's death. Mr. Meredith also dealt with tho possibility of tho poison bottle having been in Munn's drawer beside the bed all tho time without his noticing it. Substantiation of tho suggestion of suicide would require that the strychnine should have been kept close to Mrs. Munn, because she was unable to move far. Duty of -Jury. "I am glad to see that Munn is defended by ablo and experienced counsel," said Mr. Meredith. "I know, for that reason, that everything possible that can be suggested in favour of Munn will bo put forward, ably, earnestly and strenuously, and it is in the interests of everyone that that should be so. "If, at the ,end of the hearing, after you have had placed before you everything that is possible to be placed before you, you feel that you are left with the conclusion either that Munn is innocent of the. charge or that it leaves you with a reasonable doubt that he is guilty, then I ask you in Heaven's name to acquit him.

"If, on the contrary, after careful consideration of the. evidence, you are driven to the conclusion that as reasonable men you are certain beyond reasonable doubt that Mrs. Munn died from strychnin© administered bv her husband, then I ask you not to flinch from tho responsibility of bringing a verdict accordingly, and in doing so complying with your'duty to your oath, your conscience and the "community, remembering that responsibility for what, follows on that verdict is not yours. Your duty ends with tho finding of that verdict, whatever it may be." The Crown Prosecutor then proceeded to call evidence. Mother of Deceased.

Mrs. Sarah Lillie Campbell, of Constable Street, Wellington, mother of Mrs. Munn, said her daughter corresponded with her, and witness received a letter from her just prior to her death. Witness had also received a letter a week before her death. It told how her husband had given her breakfast in bed, and it concluded hy saying, "We are ' all quite well, Mum dear." The letter was written on Sunday, February 2. A week later witness received a letter written the following Sunday in which her daughter referred to a queer turn sho had had and •said, "Arthur is just goodness itself and is looking after mo wonderfully well." Iler daughter was always bright and cheerful. The next witness was Oliver Arthur Herbert Munn, wicker worker, of Grafton Road, son of accused by his first marriage. Witness said he had been living with his father at Northcoto for some years until about 12 months ago. Mr. Meredith: When you were living with your father what was his conduct toward his wife?

Mr. Northcroft objected to the question, but it was allowed, whereupon Mr. Meredith repeated it. Witness: It was not the best. Ho would speak roughly to her. Mr. Meredith: Did you ever witness anything worse ? Witness: Yes. He would knock her about. I have seen him push her round the room and push her off the chair. On more occasions than one ?—Yes, it happened about twice a week. Was thero ever trouble at a meal?— Ho would push her off tho chair or give

her a push. On one occasion he throw a plate at her with tho remains of a meal on it.

Any threats used ?—No. Did you ever see her fall ?—Yes. He pushed her on tho floor. Did you see any reason given by Mrs. Munn for this treatment? — No. She would try and make up and clear up the troublo.

Witness said Mrs. Munn would cry about tho way her husband was treating her. She was a very cheerful person. Her health was good when he left, and she was always ablo to do the housework. In cross-examination witness said Munn had always been a good father to him. His father and ho went into partnership in tho wicket-work business. There was no quarrel between them. That was quito true. He did not threaten his father with proceedings for fraud. Ho had not instructed Air. Hall Skelton to take action against his father for fraud or fraudulent misrepresentation. Counsel read a letter written by witness' solicitor, Mr. Hall Skelton, to his father's solicitors. The letter was dated May 15, 1929, and contained allegations that tho representations held out by his father to induce him to enter into partnership wero not true. Unless Munn agreed to certain conditions Mr. Skelton's instructions were to claim for misrepresentation and damages. "Do you still say that you did not make any chargo of misrepresentation against your father?" asked counsel. "That was not my feeling when that letter was sent," said witness. Witness went on to say that when he parted with his father they parted on tho best of terms. Ho admitted that the letter was not that of a young man on friendly terms with his father. Witness admitted that his father had not misrepresented tho business to him. He knew his father was a hard-working man who was having a bad timo in his business. Ho knew his father would pay what ho owed to him when he was able to do so. Mr. Northcroft: After all this you issued in February last a summons for an instalment of £25 due on a settlement, and after ho was arrested and lying in prison you issued a distress warrant on his furniture? Witness: Yes. Mr. Northcroft: Against the man who brought you up and treated you fairly, tho man you know would pay his debts if ho wero ablo to do so ? —Yes. Do you still say you wero not actuated by feelings of hostility to your father ? Yes. Witness said it was not his place to "butt in" when his father was ill-treating his wife. Mr. Northcroft:'Was it serious enough to call for any interference ? —Not on my part. But it was serious enough to give to tho police when your father was under arrest for murder?— Yes. Witness said he left home because he could not stand the quarrels and the knocking about of Airs. Munn. All - . Northcroft asked if it wero not a fact that ho had received letters from

his sisters, who had already left, urging him to leavo and saying that his mother needed him. Witness admitted this, and that the business was not sufficient to support both liini and his father, but still maintained that tho relations between his father and Mrs. Munn influenced his action.

Dorothy Ida Munn, aged 19, daughter of Munn by his first marriage, said her father did not treat the late Mrs. Munn ut all well. He always abused her. On ono occasion witness had seen him hit her a hard blow on the back with his clenched hand, causing her to fall down. On another occasion when Mrs. Munn was making jam ho took the stick from her and hit her a hard blow with the hot end. His Honor: ]!ut for those two incidents did they live happily ? Witness: No. There were often words between them. To Mr. Nortlicroft, witness said that Mrs. Munn was bright and cheerful with other people, but was frightened and depressed when her father was about and abusing her. She wanted to go away and leave liini. Another daughter of accused by his first marriage, Mavis Leono Munn, aged 17, said sho loft the home at Northcote about three years ago. Sho said her father did not treat her stepmother like a wife, but more like a person who was working for him. Ho nearly always spoko as if he vcre in a temper or agitated or annoyed with her. Once she saw him chase her through the house to their bedroom. Sho was saying " you won't, you won't." She got into the bedroom and barricaded the door. He pushed at it and banged with his fists, but was not able to get in. This sort of conduct went on until tho tiino witness left to return to her mother. Sho had often seen her mother crying after her father had ill-treated her. Mr. Nortlicroft: I take it your mother bears enmity toward your father? Witness: In a way that a mother would do in such a case.

Robert Rowan Bell, solicitor, said he had been acting for tho Munn family. On December 24 last his oflico received a letter from Mrs. Munn asking him to preparo a will leaving everything to her husband and making him tho sole trustee. After tho holidays ho prepared such a will, and on January 15 Mrs. Munn executed tho will.

Answering Mr. Nortlicroft, witness said that in November last Munn gave him instructions to mako his will. Tho effect of it was to leave everything to the lato Mrs. Munn. Witness prepared a partnership agreement between Oliver Munn and his father. An accusation was later made that Oliver Munn had beon induced into it by misrepresentation. Mr. Nortlicroft produced a letter from tho late Mrs. Munn in which she replied on her husband's behalf to the allegations of misrepresentation. It was written by Mrs. Munn and signed by Munn. Mr. Meredith objected to it 3 admissions.

Mr. Northcroft said the point of it was to show that although this man was supposed to have been living in enmity with his wife, yet sho co-operated with him in repelling this attack by his son.

Miss Eveleen Frances McGrath, clerk in tho Auckland Star Offico, deposed that on October 10 last year a man handed in an advertisement, for three insertions, reading: "Gent., 40, lonely, wishes meet companionable woman, with means preferable." Sho said tho words " view matrimony" should be added, and the man agreed. The man signed " Munn, Northcoto" on tho back of tho advertisement when sho asked him to supply his namo and address.

Mrs. Gcorgina Alberta Emily Sluck, widow, residing at 9, Ayr Street, Parnell, said sho first met Munn in October, having replied to an advertisement in the Star and having received a letter signed " Arthur Thomas " making ail appointment for a meeting in Parnell Road at about 3 o'clock on a Wednesday. Munn, who was tho man in question, said he had had several replies, some from as far away as To Kuiti. Munn said his wife had lost interest in him at home. Witness received another letter making an appointment for a second meeting on the following Wednesday, October 23, at tho same hour and place. Witness told Munn that sho had a feeling that ho was a married man. He replied that lio was. She also said she had a feeling that " Arthur Thomas " was not his name and he admitted that he was Arthur Thomas Munn. Witness said their relations could not go on, as she did not wish to come between husband and wife. Munn replied that sho was not doing that; lio only wanted to liavo a friend. After thinking that matter over she told Munn that sho would bo his friend. On this or another occasion witness asked Munn why ho wanted her. He replied that lio wanted someone whom ho could talk to and who would understand, and that ho wanted a friend. Asked what his wifo would think, Munn said that sho was quite agreeable. Witness detailed other meetings with Munn and said that usually on Wednesdays she would receive a letter or a letter-card from him.

Witness said she left for Christchurch on January 31. Whilo in Christchurch slio receivcfl a telegram (produced, dated February 4), saying, "Wife had stroke this morning. Writing. Arthur." She replied as follows: "Arthur Thomas, carc Post Office, Takapuna: Very sorry missed mail. All being altered here. Can you pleaso wire me to day or Thursday care ]iost five pounds. Two letters Thursday for you. Received wire; sympathy. 1 want to return. Lonely. Georgia." In reply to her telegram for £5 she received a money order telegram for that amount the next day. Slio identified the handwriting on the matrimonial advertisement as Munn's. Witness later returned to Auckland and again met Munn. She asked how his wife was, and he said he thought she was easier. Ho thought, she had had a stroke on the Monday while she was preparing a meal. She told Munn' that she had got a position a't St. Peter's Rural Training College, Northcote, a Roman Catholic boys' school between Northcote and Takapuna. She later met Munn. Witness said thai on the Sunday afternoon Munn said he was worried about his wife. On the Monday, some tirno after 10 o'clock, Munn took witness to the

college. Munn said ho did not think the doctor understood his wife's condition, and ho would call in another doctor. On the Tuesday night, about seven o'clock, Munn called at tho college. He was very distressed. 110 broke down and said that his wife had gono. Sho replied, "Don't tell mo that."

The next tiniQ sho saw him was on the Thursday, when ho again came to tho college. Munn ■ asked if she would like to see his children, and she said sho would. In reply to a question he said that tho funeral had taken place that afternoon. They went to Munn's house in his car. He asked if she would keep house for him. She replied that it was impossible, as she would have to give a week's notice. lie said that would be all right, and she therefore gave the principal of the college a week's notice next day. The latter said that sue could go that day, tho Friday, if she wished, as Munn had two small children who required attention. When Munn took her to tho house the children were asleep, and no one else was there.

His Honor: How long did you slay? Witness: Not very long. Witness said that on the Saturday Munn called for her and her daughter, who was visiting her that afternoon. Munn had told her, on the Thursday, she believed, that there was to be an inquest. Witness was very surprised and asked how his wife met her death. lie said fie thought by poisoning. Asked how it happened, ho replied that ho thought sho did it herself. lie asked witness not to tell anyone. Witness kept house for Munn for three weeks, from Saturday, February 15. She was there when he was arrested.

Mr. Meredith: Was there any discussion of marriage while you were staying in the hofise ? Witness: Yes. Mr. Munn asked me if, for tho sake of the rhildren, I would marry him. He said that people would talk about my being in the house. I said "No," that my first marriage had not been successful, and I wanted him to see other women before deciding on mo. 1 also said it was too soon after his late wife's death and that we would leavo it stand till Christmas. Mr. Munn suggested that we should talk it over after the inquest. I think this conversation occurred during tho second week 1 was there. Witness added that when she went to keep house she had tho ring belonging to her former marriage in her handbag. Munn remarked on her not wearing it, and asked if she had it. She produced it, and he took possession of it, saying that he would keep it until he bought another for her. She found that he had put it in a little drawer in the duchess in his bedroom, the room which Mrs. Munn had also occupied formerly. In reply to His Honor witness said she was positive that this ring was hers. Tho discussion about the ring took place on the same day as that about marriage, witness said. Until then Munn had not revealed his feelings toward her. She treated it as a serious thing, but did not think she gave any indication of her own feelings. Munn bought new blinds for the front bedroom and for her room, which was opposite his. She chose new linoleum for the kitchen. Tho linoleum already there could easily have been mended. At this stage tho Court adjourned until 10 o'clock this morning.