CHARGE OF MURDER.

New Zealand Herald, Volume LXVII, Issue 20640, 12 August 1930, Page 10

CHARGE OF MURDER.

CASE AT WANGANUI.

MANLY APPEARS IN COURT.

I'LEA OF NOT GUILTY.

GIRL'S TRAGIC FATE.

EVIDENCE BY MOTHEIi.

£j?Y TELEGRATTI. —OWN CORRESPONDENT.] WANGANUI, Monday. A charge of murdering Gladys Barringtori Cromarty at Wanganui on May 9 was preferred against Herbert Frederick v "! Manly, chef, who appeared in the Supreme Court at Wanganui to-day before the Chief Justice, Sir Michael Myers. The case for tho Crown was conducted by the Crown Prosecutor, Mr. N. R. Bain, and accused was represented by Mr. W. J. Treadwell, who had associated with him Mr. B. C. to tho formal reading of the charge accused answered in a firm voice: "Not guilty." Mr. Bain, for tho Crown, in one case, exercised his right of challenging thoso called for the jury, and Mr. Treadwell exercised his right on five occasions. In addressing tho jury Mr. Bain asked them to dismiss from their minds anything they might have heard about the caso before they came into Court. Ha asked for a fair and candid consideration of the case upon the facts. It was, he said, for the Crown to make out a cdsa of guilt. Suspicion would not do. Mere probability itself would rot do. Ho asked for a careful and dispassionate weighing of tho evidence. Movements ol Parties. Accused was a married man with one or two children, said Mr. Bain. Deceased was a native of Scotland, a waitress or a domestic help. In January of this year deceased and the accused were engaged. Both were employed at Koatanui. Manly left there, cind after two or three clays at Mrs. Cromarty s place went on to Wellington. Gladys Cromarty went to Wellington some few ddys later. Several days later Manly left his employment and took a position at an hotel where Gladys Cromarty was employed. They quarrelled and the engagement was broken off. Gladys Cromarty returned to • Wanganui and, in two or three days, her brother, Stanley Cromarty, and/ Manly also returned to Wanganui. A friend of Gladys Cromarty went to see Manly in Wellington and was told by him that the engagement was broken off He had said: "If I do not have her no one else will." On tho Thursday prior to the murder—if it could be called a murder—Manly had said boforo he and Gladys had gone to the pictures: "It will be for the last time, girl." Evidence would show that Manly awoke on Friday in a nervous condition. About 3 p.m. "Manly went to t-h? butcher's to get some fry for Mrs. Cromarty end retui ned without it. He was away again for five or seven minutes and roturned with it. Manly then went upstairs. An Alleged Surrender.

Mr. Bain then described how deceased had fallen through the doorway into the kitchen where Mrs. Cromarty and her daughter Dora were. Almost at once, lie Said, the two of them heard the front door click. Mrs. Cromarty ran out through the back door and Dora ran out of the front door. Dora Crcmarty saw Manly close the front gate behind him. button up his coat and walk briskly down th'e street. Doctors would say that the wounds could not have been self-inflicted. Later in the afternoon a man rode to the police station on a bicycle and said: "t am the man you are looking for, and "I'm Manly." He had corrected a statement telling those present Gladys Cromarty's second Christian name. He had also said: "I am not denying it. Mr. Bain said Manly admitted writing a letter and helped the inspector to decipher it, as his handwriting was not eood. Mr. Bain read a letter in Court, which he alleged had been written by Manly, and which was dated the day previous to the girl's death. It was addressed to the officer in charge of the police and headed. "6, Ridgway Street, Wanganui, B;'s/30 "

Counsel Reads Letters. The letter stated : Dear Sirs,—All I've to explain is I've piven my all, let myself down to the very depths of degradation, but I truly-loved her ns no man ever loved. The whole secret 7 will carry with me. Her letters are in one of my cases. Another case is at Thorndon station. All three caseß, would the Government kindly forrard to '2*. Elm Jioad, Purley, Surrey, England. My gold watch to my son Douglas. My mind is absolutely unhinged. Life without her is not worth living. Ive various oddments here and there. Still, they not wanted by anyone. She has let many down, but no more will suffer as I have. God forgive her. as her years are tender. I do not expect forgiveness, only may my children grow to be a credit to their name and mother. Good-bye. Beat love to my drtir father, sisters, brother and eons. All lifp to me has been nothing.—Tl. F. Manly. Mr. * Rain then read a second letter, which bore a post office stamp of May 8. the day prior to the girl's death. ITe alleged that Manly had written it. It stated :

Dear Father ami All.—ll is the last few lines you'll receive from me. I've conn. I've never been any cood--nf!ver will. Don't vorry. The world and all are better without me, bo bye-bye. I've a*ked the Government to forward my cases on to you. Evidence by Doctors. Evidence was given by Norman Annabell, who had drawn up plans of the house in which the alleged act was committed. Mr. Tread well then asked questions concerning measurement!! of the house. George J- Adams, medical practitioner, of VVangaiiui. gave evidence regarding his discovery when he went, lo tlie house in response to a telephone message, Dr. I'hiilip Patrick Lynch, pathologist, said that on .June 10 three ' articles were given him by Detective Walsh. On the left cuff of a shirt and cyh a pair of trousers were smudgc3. Chemical tests showed that they were human bloodstains. He also examined a knife, upon the handle of which was human blood. Witness admitted to Mr. Tread well that the stains on the clothing would be apparent lo anybody that cared to look for them. Arthur Dysart Nelson, medical practitioner, said that from the nature of the •Wound lie would say it was not self-in-flicted, and it would be practically impossible for it to be self-inflicted. Mother Tells Her Story. Mrs. Elizabeth Cromarthy, mother of deceased, reiterated the evidence given hy her in the lower Court, which related to the movements of Gladys and the accused up to the date and time of the girl's death. Witness said Manly had taken a pair ot trousers to a dealer's. iWhen he brought them home on the Fri- / day he complained about a spot on (hem and seemed to think they had not been cleaned properly Afterwards lie went upstairs and put thern on. Witness identified the trousers produced in Court as the ones she referred to On the Thursday night, said witness, fihe heard Manly say, regarding a visit to the pictures "U. will be for the last ' - time." Then shn heard Gladys say: ~ S'What do you mean—tho last'time?" ■ An

On tho morning of tho day of the girl's death she went upstairs to call Manly and her son Stanley to breakfast. She heard Stanley shouting to her to "come and see this." It was to see Manly's knives. The knives produced in Court were the ones she referred to. That afternoon sho heard what sho thought was a light step coming from .the bathroom, after Manly had gone upstairs, then heavy steps in her own bedroom. .After that came the sound of what she thought to be two people coming down tho stairs. The kitchen door flew open and Gladys fell in Witness saw that Gladys was injured. She screamed and ran out of the back door. She heard feet in the passage and tie front door clicking shut. Mr. Treadwell: Did you know early in February that the relationship between your daughter and Manly was of the happiest nature ? Witness: Yes. i Happy Relationship.

Proceeding under cross-examination, witness said sho first heard of the engagement between Manly and Gladys about the middle of March. Manly came to her house with Gladys twice between February and the time she, witness, knew of the engagement. On berth occasions the relations between the two were happy. Mr. Treadwell: Might I go further and say they were considerably attached to one another? Witness: Y r es. Mr. Treadwell: And you approved of the friendship ?

Witness: Yes. His Honor: How old was jour daughter ? Witness: Within a week of heing 22. Mr. Treadwell: Ho got to the stage where he was calling you "mum ?

Witness: Yes. Mr. Treadwell: One might venture the suggestion that to you and the other members of the family it looked as if an engagement was coming. Witness: I never thought of it. Mr. Treadwell cross-examined witness regarding the announcement of ('.he engagement. Witness said Gladys told her about it first and she seomed delighted about it. Before the ring had been purchased Manly had made her, witness, a number of presents. Mr. Treadwell: Just as the _ man would make to tho mother of the gill he was engaged to?

Witness: Yes. Purchase ol a Ring. Continuing, witness answered Mr. Treadwell to the effect that she went with her daughter to purchase the ring with a cheque of Manly's for £l4. All that money was not used, but witness could not say what had become of the balance. Mr. Treadwell: Was Manly prodigal with his money—was he anxious to get rid of it to make presents ? Witness: Yes. I suppose he was. Mr. Treadwell: Was Manly at that timo anxious to help your sons Stanley and Norman ? Did ho not go out of his way to try to assist them and get them situations ? He behaved, did he not. in just the way you would expect a man engaged to your daughter to behave? Witness: Yes. Continuing, Mrs. Cromarty said that Manly was at her house once between tho middle of March and the beginning of April. Her daughter was with him and their relationship was still happy. Both were rejoicing at the engagement. Manly had stayed in the house on his way to Wellington, and during those three or four days the family had every opportunity of observing him. About the middle of April, when Gladys came back from Koatanui, she was in excellent health and was happy. Mr. Treadwell: And very anxious to go to Wellington to see Manly ? Witness: No. " An Upsetting Letter."

Mr. Treadwell: Then will you tell us why she did go ? Witness: Because she got a very upsetting letter from him. She said she would go and see what was wrong. Mr. Treadwell: While they were in Wellington were you invited to go there also ?

Witness: Yes, by Manly. Mr. Tread well: Did your daughter know of the invitation to you ? Witness: I don't know. Mr. Treadwell: When your, daughter came home, about the 30th, did you know that the ring had been returned? Witness: Not until she told me. Directing attention to the arrival of Manly and Stanley Cromarty from Wellington on May 6. Mr. Treadwell asked witness to recollect what happened. "Manly came to your house with your son," he said. "You met him and were pleased to see him." Witness: I did not know he was coming. Mr. Treadwell: No. You met him when lie came ? Witness: Yes. I was downstairs. Mr. Treadwell: Was it not a fact that when Stanley and Manly came to your house the first tiling your daughter Gladys, who was in bed, did, was to get up and come down to meet Manly ? Witness: No. Mr. Treadwell: Think again. Am I not correct in saying that Gladys came downstairs and spent some time with Manly ? Witness: No. Mr. Treadwell: Then if anybody else says so, they are wrong? Witness: Yes. A Friendly Talk. Jn further reply to Mr. Treadwell witness said she saw Manly and Gladys in her, witness', bedroom. Gladys bad got up and moved into witness' room to allow Manly to have the small room. Witness was present when Manly sat on the side of the bed and talked with Gladys in a must friendly way. Mr. Treadwell: Sho talked as if the ring had not been returned ? Witness: No. Mr. Treadwell: He talked with her in a most friendly way ? Witness: Yes. In further cross examination witness said the arrangements for' Manly and Gladys to go to the pictures had been made known to witness during Thursday. .Mr. Treadwell: After tea, while Gladys was getting ready for the pictures, did Manly make this statement in the presence of yourself, Gladys, Stanley and On : " Jt. will lie for the last time, girl.'" Witness: Yes. Mr, Treadwell: There is no doubt that Stanley, Gladys, yourself and Orr were there? He made, the statement quite openly? Witness: Ve.s. Mr. Treadwell: You did not attach anything Minuter to it Witness: No. "Term ol Endearment." Heading from evidence given in (lie lower Court, Mr. Treadwell asked witness if the conversation which took place between accused and Gladys was as recorded. Witness said it was correct. Mr. Treadwell: He used the term "girl" as one of endearment? Witness: Yes Referring to Manly's display of knives on the Friday morning, Mr. Treadwell asked witness whether he was quite open about it. Witness said ho was. Everybody was happy at breakfast and the relationship between all parties was just the same at lunch time. Counsel directed his cross-examination to evidence regarding Manly's return aftei' purchasing the fry. Witness said he went upstairs quite openly. It was an old house and anything which went on upstairs could be heard downstairs. Witness heard no conversation of any sort. If it had been made she thought she would have heard it. Wtness described the sounds she heard prior to seeing Gladys fall through the kitchen door. Mr. Treadwell: And as tar as you know Manly went to the front door, clicked the catch and went off? Witness: I didn't see him. Mr. Treadwell: Rut you had that im pression, and he went away leaving all the evidence behind him without attempting to conceal it? Witness: Yes.

Dora Cromarty, sister of deceased, said Manly had rung her up from Wellington and told her that his engagement to Gladys had been broken off. His Honor: How did he seem to take it?* , , Witness: Ho seemed very brokenhearted about it. A letter was handed to witness which was recognised by her as one written by Manly to her aijd her mother. His Honor, substituting the vord "blank" in place of names of a third party, read the letter to tho jury and at the same time made it clear that the jury could see tho original if they so desired. He did not think it advisable that names of people not connected with the caso should be read in Court. " You quite understand," said His Honor, "that I am doing this with Mr. Treadwell s entire approval; in fact, at his suggestion. Mr. Treadwell: You had a telephone conversation with Manly. Can you deI scribe what you took out of the conversation ? Was Manly heart-broken .'

Witness: Yes. Mr. Treadwell: Does that adequately express what you really thought of what Manly said ? Witness: Yes. He was heart-broken. Mr Treadwell referred to the letter witness had received from Manly about the engagement. "Wben you got that letter and had that telephone conversation, did you do anything ? he asked. Witness: What do you mean Mr. Treadwell: Did you see anyone about then—your mother? Witness: No. Mr. Treadwell: Your sister.

Witness: No. Mr. Treadwell: You kept that letter with you until this charge of murder, and you never told anybody about it. Witness: Y T es. Mr. Treadwell: Why ? Witness: Because I didn't want to worry my mother. Mr. Treadwell: That is the reason you give.' You did not want to worry your mother. Now we will get down to the night of the pictures. Witness said that Manly and Gladys seemed quite happy. Mr. Treadwell: In evidence you say that Manly looked at your sister out of tho corner of his eye. What do you mean? Witness (after a lengthy pause): He did not look at her affectionately. Mr. Treadwell: What do you mean by the expression, "tail of his eye?" Witness: As though ho was always watching her. Mr. Treadwell: But young couples in love always look at each other, don't they ? Witness: Not that way. Mr. Treadwell: Not out of tail of the eye ? I see. Why should you remember now, after all the joking and laughing, that he had looked at her out of the tail of his eyo? Witness: That is the only thing I did not like about him. His Honor: I don't think you put the question quite fairly, Mr. Treadwell. You asked her why she had remembered now, as if that was what she.had done. Mr. Treadwell corrected the wording of the question, asking witness why she should remember on the fateful day that Manly had looked at her sister out of the tail of his eye. There was no reply. Mr. Treadwell: Never mind, we will let that go at this stage. The Court adjourned until ten o'clock to-morrow morning. The jury were retained and will not be freed until after tho trial.