CHARGE OF MURDER.

New Zealand Herald, Volume LXVIII, Issue 21028, 12 November 1931, Page 14

CHARGE OF MURDER.

CYCLIST FOUND SHOT. FARM HAND IN COURT. CASE FOR PROSECUTION. EVIDENCE OF FIANCEE. LETTERS FROM ACCUSED. [BY TELEGTt APTT. —OWN CORKESrOKOEXT. ] TALMERSTOX NORTH. Wednesday. There was a packed gallery in the Magistrate's Court at Palmerston North today when Norman Robert Decke, farm hand. ap;ed 19, of Fitzherbert West, appeared before Mr. J. L. Stout, S.M., on a charge of murdering Edwin John Blakeway at Karcre on August 23. Blafcewav, a clerk in the Railways Department, was shot while cycling to his home in Palmerston North. The inquest proceedings were taken simultaneously. Forty-one witnesses, including seven police officials, three medical practitioners, two gunsmiths and an analyst, have been subpoenaed. The hearing of the case is expected' to last three days. Herbert Geoffrey Lengward, a newspaper canvasser, described his discovery of Blakeway's body, which he found lying in the grass on the side of the road about 7.40 a.m. on August 24. He placed his hand on the man's shoulder, but discovered him to be dead. Witness tele- ■ phoned the police. William England, labourer, Palmerston North, who arrived on the scene shortly after the previous witness, gave similar evidence. No Noises During Night. Robert Tanner, senr., a farmer residing at Karcre Road, stated that on Sunday, August 23, he retired at 10.15 p.m. He did not hear any noises during the night. In consequence of something that had been said, witness went along Ivarere lioad next day and saw the body, which was lying face downward, with the right hand clasped to the breast and the left hand doubled in front of the forehead. When the body was turned over there was a /pair of gloves in the right hand. .The deceased was wearing an overcoat, yhich was fastened up. There was a considerable amount of blood on the face and hands and /'on the left wrist and arm. There was also blood on the ground, extending in several patches 9ft. or 12ft./ down the road toward his residence. The cycle was 12ft. to 15ft. from the body and the blood marks were right up to the front wheel of the cycle. It did not look as if the deceased had fallen off the cycle and crawled, but as if the body had been carried from the cycle and laid in the grass. Alfred Robert Tanner, son of the previous witness, said that on the evening of August 24 he found two empty shells, one of which his father thought he had himself thrown down. Four Wounds in Body. Dr. Cyril Arnold King, of Palmerston North, who examined the body at the scene of the tragedy, said the tissues of the face had become imprinted by pressure with the pattern of the grass, showing that the body had lain a considerable time in the. position in which it had been found. From the extent of the muscular rigidity witness was of opinion that death had, occurred at least eight hours previously. Proceeding, Dr. King said that he examined tlie body again later in the day. Four bullets of small calibre had entered it. A small round tin, shown to witness by Constable Beaton, was perforated on opposite sides, the hole obviously being caused by a small calibre bullet. There was no wound of entry in the body to correspond with the position of the tin in any of deceased's pockets. An examination of the clothing revealed that a bullet had passed from behind in a forward diiection through the left -side pocket of the raincoat. That bullet did not enter the body. Died Soon After Shot. The "injuries observed were in all cases . caused by bullets of similar calibre. There was a perforating bullet wound in the nose, a perforating bullet wound in the back of the left hand, a bullet wound j in the lower left forearm, the bullet | being palpable under the skin near the 1 elbow, and a perforating wound through the left side of the upper part of the breast bone, just below the base of the neck. The last-mentioned was the only fatal wound, death being due to rapid .hemorrhage caused by the wound. The Crown Solicitor: Would the deceased live long after this bullet entered ? Witness: No; 1 am of opinion death pecurred in from five to ten minutes. The Crown Solicitor: How long would consciousness last ? Witness: From loss of blood alone collapse would occur in a minute. The Crown Solicitor: And during that, tninute would he be able to call out ? Witness: There would be ample opportunity. 'Ho would be able to shriek. The Crown Solicitor: Did the body appear to have fallen or had it been placed where it was found ? Wit ness: It had the appearance of having fallen, not of having been dragged there. Counsel tor Accused: Before you left • on your first visit to the body, had anyone suggested foul play'! , , [Witness: No. ( ■j Women Hear Groans. ! Dr. E. C. Barnett, of I'almerstoii North, who made a post-mortem examination in association with Dr. King, agreed < .with tlie latter's conclusions. Joseph Malcolm James Mclnlyre, rail .way clerk, of Palmerston North, said Blakeway had been a fellow-lodger with him in Ferguson Street. A fortnight before his death - Blakeway was for some time on duty at Longburn. Witness saw Blakeway on August 23 at 8.30 a.m., when Blakeway gave liirn £2O (a £lO note and ten £1 notes) to hold for him, as he was going for a long ride. Blakeway returned just before 7 p.m., and after tea witness handed him back the £2O. Constable Beaton, who proceeded to the scene following the telephone message, said the clothing showed no signs of

having been interfered with, and there was nothing to indicate that anything had been abstracted from the pockets. 'lhere was no mark on the road to indicate that a struggle had taken place. Edith Beatrice Vowels stated that on August 23 she was staying at Tanner's residence. Between 11.15 and 11.20 she thought she heard a long groan. She sat up and listened but, hearing nothing more, took no further notice. Vivienne Neitheriote 'laimer also said she heard one long and one very short groan, but she attributed the noise to stock. Donald Forbes, a farm hand employed on the Lower Aorangi Road, stated that on August 23 he left I'almerston North about 11 p.m., and was proceeding along Karere Road when he saw a cycle on the road near Tanner's gate. Witness slowed up and looked back, but did not see anything to make him stop. Fiancee in the Box. Edward Leslie Jewell, a farmer cmployed by Tanner, stated that on August 23 lie left the post office at 11.15 p.m. with a companion, and reached the latter's house at 11.30 p.m. Witness then proceeded along the Karere Road. When a short distance from Tanner's he saw a cycle lying on the roadside metal. He did not stop because it was not unusual to see cycles lying on the road in that locality. Betty No rah Meehan, aged 18, residing with her parents at Karere, said she had known Decke for 18 months, having been introduced to him on An/.ac Day, 1930. She first became acquainted with Blakeway when he was working in the Railway Department at Longburn in 1929. He was transferred to Wellington after being six months there. He came to Otaki after two months and slaved there until he was transferred last August. Witness walked out witli. Biakewav when he was at Longburn and about May last became engaged to him. He came to her parents' house a good deal with the approval of her parents. She went there to see him in November last, staying for a fortnight with an aunt. Friendly with Accused. Continuing, witness said she was always friendly with Decke. He knew she was keeping company with Blakeway. Site had been out with Dccke on a motorcycle several times, but nowhere else. He went to Marton and wrote letters occasionally. She replied that site was engaged to Blakeway and told the accused not to come and see her. lhe last letter from Decke was dated July 29. The Crown Solicitor: All the first letters were telling you how much he loved you and begging you to marry him? Your replies were all about Blakeway ? Witness: Yes. The Crown Solicitor: When you were at Otaki seeing Blakeway did-Decke come too ? Witness: Yes, I saw him there, but was not speaking. He had a conversation with Blakeway. 1 don't know what they said. That was on May 17, the same day as lie wrote a letter telling me not to marry Blakeway. The Crown Solicitor: Did he say, "1 will stop him even if it' 6 the last thing j 1 do, so help me God ?" | Witness: Yes. She added that she i showed the letters to Blakeway. The Crown Solicitor: What happened | the day Decke came later to your house? j Was anything said about Blakeway ? Witness: He shook me and said lie would not let me marry Blakeway. 1 '■ asked who was go:ng to stop me. He walked away saying lie was going to have it out with him—meaning Blakeway. Witness Breaks Down. The girl broke down when giving further evidence, and wept. She was permitted to retire. Patrick Meehan, father of the previous witness, said he last saw Blakeway alive on Saturday, August 22. He did not see him on the Sunday. The next morning witness was called to where the body lay. He picked up an empty shell but did not hand it to a constable. Later lie took it to a detective because lie considered it important, although others thought an accident bad occurred. Ted Jewell saw him pick it up. Witness had previously told Decke he was not wanted at witness' place. Decke had gone without replying. Cross-examined, witness said he went to bed at 8 p.m. on the fateful Sunday. He had no reason to get up again that 'night, and was not out of the house after eight. No Money Produced. Clarice Meehan, mother of Betty Meehan, said her daughter was riot engaged to Blakeway, who produced no money during his Sunday night visit. Witness saw Decke pass the gate on his machine at 3 p.m. the same day. He did not speak, but looked at Betty, who was on the road. Resuming her evidence Betty Meehan said that in July she told Decke that Blakeway was being transferred to I'almerston North. Decke said: "1 will leave it to then and have it out with him." She had warned Decke to keep away from Blakeway. She saw Decke pass on Sunday, August 23. He just raised his hand. (Questioned, witness said she told Decke she was going to marry Blakeway in December. Decke said he would see she did not.

The Court adjourned after 16 witnesses had been heard.