COMMITTED FOR TRIAL.

New Zealand Herald, Volume LXVIII, Issue 20954, 18 August 1931, Page 10

COMMITTED FOR TRIAL.

BTJEIED GIRL CASE.

INTERVIEWS WITH COATS.

DETECTIVE'S EVIDENCE.

INVESTIGATIONS OUTLINED.

STATEMENT BEFORE ARREST

[BY TELEGRAPH V —OWN CORRESPONDENT. ] ' WELLINGTON. Monday.

Following the preliminary hearing in the Police Court occupying three and a-half days George Errol Coats, aged 29 years, labourer, was to-day committed for trial at the next, criminal sessions of the Supreme Court on tho charge of having murdered Phillis Avis; Symons, aged 17 years, whose body was found buried in n spoil dump at Kilbirnie on July 12 lastTho gallery of the Court was again filled with spectators. When-the Court adjourned on Friday afternoon Detective W. R. Murray was in the witness-box, and counsel for the defence, Mr. Treadwell, raised tho point whether a statement taken from accused by witness before he was actually charged with murder was admissible. When the Court resumed to-day counsel made a formal objection to the admissibility of accused's statement as evidence.

The magistrate, Mr. E. Page, said that since the adjournment on Friday he had consulted authorities on the subject and he was of the opinion that the statement was made in circumstances which were admissible. He intimated at the close of the hearing that he would prohibit publication of the statement, however, as tho Judge in the Supreme Court might take a different view. Detective in Witness Box. Continuing his evidence, Detective Murray said that after taking the statement from Coats, he read it over aloud to him from a duplicate while accused followed by reading the original. Coats initialled any alterations and then witness asked him if he wished to make any further corrections, to which he replied " No," the statement was all true. Toward the end of the taking of this statement accused showed signs of nervousness and began to tremble.

Mr. Treadwell asked if the last remark / was justifiable and if it should be admitted as evidence. After 18 hours' questioring it was only to be expected that Coats should be affected. Detective Murray: Two hours. The magistrate held that the evidence .was admissible^

Continuing, Detective Murray said: " I asked him why ho was trembling and he said, ' Because it is cold.' He then asked for a drink ot water and one was brought to him. Tins interrse-ar closed | r.bout 11.30 a.m., and accciec tisn sni to nie 'Well what ar? jug rxr.r co | with Est' I s'kid thai "srs ~OJting some further asuS TwauaS SEfcs to see what hs had -z"A Sis rtcrr. ss j; the way of letters or e&bsr s&iris vtsdb would throw light on tt& g~l~s "Tsars- : about*. " Girl Had Gone to Pri-snds." " Accused assured us that the girl had j left him to go to some friends. So far s as he was concerned she was all right. He i agreed to us searching his room, but, as S it was nearing dinner time, he stayed in the office until we got him some dinner and after that ho accompanied us to his address, 43, Adelaide Road. In his room was a single bed, under which were two suitcases, which,. ho said, contained his personal effects. Among his correspondence were two' letters (produced). He said that he had written these letters ready for posting. " I read them over in tho room, and I said to accused, What do you mean when you refer in these letters to having got rid of Phil. ?' He said that it was just his way of expressing that they had pArted." Witness produced exhibits which he found in the room. One was a photograph which jeeused had said was of' Phillis. A further Interview. " Accused then Accompanied us to his old address, 140, Adelaide Road, and waited outside with Constable Smith while I was absent for some time inside the house making, inquiries," Detective Murray continued. " Then he accompanied us back to the' detective .office. As a result .of' further information which had been obtained I again interviewed accused and continued his statement, reading from pages nine to twelve inclusive. '''Accused similarly read that part of this statement over as before and signed it as being correct. The interview took place during the latter part of the afternoon, between, about 4.30 and 5.30." Acting on instructions from Sub-Inspec-tor Ward witness asked Coats to remain at the office while ho mado further inquiries because he heard accused hae* a box containing further effects at Bridge Street, Kilbirnie. Accused remained at *he office, where he had his tea while witness visited the address at Bridge Street and recovered a large black Wooden box belonging to accused. Witness said tho contents included women's clothing and a book. Statement Completed. / " Later that evening I saw tho witness de Maine," stated the detective, "and as a result of what do Maine told me I said to accused that I considered de Maine could assist the inquiries, but lie appeared to be very reticent and desired to know if ho (accused) wanted him to tell the truth. Accused said 'Yes' and lie agreed to tell de Maine that, so he went with me. I said, ' Do you wish de Maine to tell the whole truth of what he knows concerning yourself and Phillis.' Accused said 'Yes.' " As a result of further information 1 again interviewed accused. This interview would take place some time between 11 p.m. and 12 midnight and I finalised his statement up to pages 13 and 14. He similarly read over that part of the statement as he had done before arid signed it as being correct. Throughout our association with accused he had on two or thiree occasions shown signs of nervousness, when he began to tremble. " Acting under instructions I obtained a warrant for accused's arrest on a charge of to supply a noxious thing tor the purpose of bringing about a mis-

carriage, but I had some difficulty in getting the services of a justice of the peace and it was about 1 a.m. before I was able to get the documents signed. It was about 1.15 a. in. when I took accused into the watch-house to read the charge over to him, after which I cautioned him in the usual manner. He said, ' Let's have a look at it,' and I handed the information to him. Then he put it on the counter with the remark, ' That's all right.' " After referring to identification of the girl's body, witness said that in company with Detective Hayhurst he saw accused in the Wellington gaol on the morning of July 16 and said to him: "The body of Phillis Symons has been found buried in the gully at Ilataitai where the recreation ground is being made and medical opinion is that she has been murdered. It is probablo that you may be charged with murder. You are not obliged to say anything and I caution you that anything you say will be taken down and may be given in evidence against you. We have been informed you dug a hole in the face of the filling at Hataitai about the beginning of June, which you said was for shelter and which you also said was for burying a dog. Question of Admissibility.

"De Maine has.-"told us that you told him Phillis had agreed to your killing her and that you and she went to Ilataitai early in Jun9 and that you struck her on the back of the neck with a piece of w T ood or pipe, stunning her. That you did not feel like it and that after you had done it you felt sorry for her. He also said that on June 25 you told him you were going to Ilataitai to ask a 'cobber' to leave out a shovel and when asked by de Maine what for, you said it would bo a good place to bury a dog.

"We have also been informed that on June 25 you had asked a man at Hataitai to leave out a shovel at Hataitai." Mr. TreadweLl at this stage made a protest against the admissibility of this portion of the evidence, as it appeared that Detective Murray was reading from notes which he had prepared prior to speaking to Coats at the gaol. The magistrate then ruled that the evidence was admissible. End of the Hearing. Continuing, Detective Murray said: "I said to accused, 'ls there anything you wish to say or any explanation to make V Accused replied, 'No, nothing to say. Accused listened carefully to what I had to say. He was very calm and serious. I then told him we required his clothing for examination. I said, 'lf, in the event of any blood being found on any of your clothing, could you explain any incident which might account for it V He said yes. That he had once cut his finger when playing wi'.h Johnnie Glover when he was getting a knife from him. "On the morning of July 16, acting on instructions, Detective Hayhursfc and myself saw Coats at the central police station. I said, 'We have been instructed to charge you with murder.' I then read the charge over and cautioned him in the usual manner. He made no reply.' Mr. Tread well questioned the witness regarding the handbook which had been prodacsd. Coumse! asked ii the witness T U was published by a tract society, j Tha sssisrraie then indicated that as j th& Jsdsa mizM hold a different opinion -gcardieg: admissibility, he would direct j taccused's statement be not read in G>~ri or published. Mr. TreadweM said that ho had nothing to say. The magistrate then committed Coals for trial. INQUEST ADJOURNED. COMMENT BY CORONER. AMENDMENT OF LAW SUGGESTED. [lit TELEGRAPH. —MESS ASSOCIATION.] WELLINGTON, Monday. The opinion that it was anomalous for a coroner to be invited by tho statute to given an affirm£.tive finding on an issue that was shortly to be submitted to a jury was expressed by Mr. E. Page, S.M., this afternoon at the resumption of the inquest on Phillis Avis Symons, in connection with whoso death George Errol Coats was to-day committed for trial on a charge of murder. Mr. Page said ho thought tho Coroners Act might well bo amended to bring it into lino with the position in England. The inquest was adjourned until November 25 next, by which time it was con-, sidered tho Supremo Court trial would probably have been held.