CHARGE OF MURDER

New Zealand Herald, Volume LXX, Issue 21411, 8 February 1933, Page 11

CHARGE OF MURDER

BOY TO STAND TRIAL DEATH OF OLDER BROTHER [by telegraph—OWN correspondent] PALHERSTON NORTH, Tuesday In his charge to the grand jury in the Supreme Court to-day Mr. Justice MacGregor said that the gravest charge was that against Allen Roy Faston, a lad aged 16, who was charged with the murder of an older brother on November 22 last on his father's farm near Foxton. When it had been proved that one person had caused the death of another there was a prima facie presumption in law that that person's act was one of murder unless there was evidence to the contrary.

His Honor said he did not propose to deal with the facts at length. From the depositions it would appear that the unfortunate youth was killed by the discharge from a gun fired by accused in his direction while the former was milking. There had been a few words before that. The shot had been fired a little distance from the shed where accused appeared to have dropped the gun and run away. Whether the circumstances seemed to indicate murder, manslaughter or any other offence the case was one which could only be determined after the full facts had been placed before a common jury. In His Honor's opinion a prima facie case was disclosed which should go bei-'ie a common jury. All the grand jury had to decide was whether there was reasonable or sufficient evidence to put accused on trial before a common jury. After a short retirement the grand jury returned a true bill.