CHARGE OF MURDER

New Zealand Herald, Volume LXIX, Issue 21245, 27 July 1932, Page 12

CHARGE OF MURDER

FATALITY AT HERMITAGE FORMER CHEF ON TRIAL FELLOW EMPLOYEE'S. DEATH [by telegraph—press association] TIM ABU, Tuesday Tho trial of William John Thomas Whalley, married, aged 33, on a charge of 11,0 murder of William Edward Wogan at the Hermitage, Mount Cook, on November 5 1931, was commenced in tho Supreme Court to-day before tho Chief Justice, Sir Michael 'Myers. Accused was formerly a chef at tho Hermitage, and deceased was a barman-porter. A long queue of spectators waited outside the courthouse in the cold for two hours this morning. Tho Crown Prosecutor said tliero would be a considerable number of witnesses. Tho evidence would show that Wogan died in his bedroom at tho Hermitage shortly after 6 p.m. on November 5. The Crown's contention was that the wound in in tho head which caused death could not havo been inflicted by deceased. Evidence to that effect would bo given by rifle experts. Further points were that Wog&n was averse to firearms. Wogan was'also of a cheerful disposition. Only accused and Wogan were in the room when the shot was fired. Tlie Crown Prosecutor referred to state- i ments mado by accused to the polico and other members of tho Hermitage staff. Whalley had stated that ho was leaving tho room when be heard a shot. He turned and saw Wogan still sitting on tho chair with a wound in his head. No Strong Evidence of Motive The Crown Prosecutor demonstrated the position of tho rifle, and said that in this typo of rifle tho shell was ejected immediately beneath. In this instance the shell was found under the bed, and it was suggested that tho shot was fired from thereabouts. The Crown Prosecutor referred to different stories alleged to have been told by Whalley. To one witness he said that Wogan was sitting on his bed, to another that he was sitting on a chair, and to a third that Wogan was standing by the door. Tho Crown had no strong evidence of motive, said the Crown Prosecutor, but there was a statement made by accused to a bus driver to tell Wogan that if he asked he should say that he had taken some money to town for him. It was suggested that, when a man asked another man to tell lies about money there was something behind it. Evidence for the Crown was completed when the Court adjourned this evening. Alf Brustad, a ski expert, and a former guide at the Hermitage, said he had never known Wogan to do any shooting. Witness owned the rifle in question. Accused borrowed it the day before Wogan s death. Witness visited deceased's room on November 5 and in his opinion Wogan was then dead. Ho saw a cartridge shell on the floor near the end of the bed. " They Will Take Me." Witness said ho saw accused that night in witness* house and asked accused to tell him tho truth about what happened. Accused replied, "You havo no need to worry. They will take mo. Accused explained to witness that Wogan had been sitting on the bed. As accused was leaving the room he beard a shot, looked round, and saw that Wogan was shot. - Replying to counsel for the defence, witness explained tbat accused had told him that before he left tho room ho had been showing Wogan how to load and unload the rifle. Estelle Boucher gave evidence on similar lines to that given in tho Lower Court regarding deceased and accused's racing activities. Witness stated that accused first told her deceased was standing by tho door when a shot was fired. Later he said ho was sitting on the settee. Jessie Duncan stated that accused told her deceased was sitting on a chair and tho rifle was on the settee as lie (accused) left tho room. Several other witnesses gave similar evidence to that given in the Lower Court. One witness was Leslie Fraser Tisdall, gunsmith. In tho course of cross-examina-tion, he said it would bo possible to shoot oneself from a distance with the rifle provided the trigger was fired by a nail in the wall or somewhere like that. The shell (produced) linked as if it had been tro.dden on. Apparently it bad been squeezed toward an oval shape. " Is that the mark of a nail of a boot on tho shell?" counsel asked. Witness: I would not like to say so. The case is expected to conclude tomorrow.