COOK ON TRIAL

New Zealand Herald, Volume LXXI, Issue 21806, 22 May 1934, Page 11

COOK ON TRIAL

A FATAL STRUGGLE SHEEP STATION CASE EVIDENCE OF ONLOOKERS » HEARING NOT CONCLUDED [BY TELEGRAPH —PRESS ASSOCIATION] NAPIER, Monday The trial of Henry Capewell, a cook, on a charge of murdering John Williams at Porangahau on March 11 opened in the Supreme Court to-day before Mr. Justice Blair. Williams' death, which occurred on a sheep station, was due to a knife wound. Walter Thomas Burge gave evidence describing the incidents which led up to a scuffle between the two men. He said that when Williams arrived he was jovial, but later he became quarrelsome, and rushed accused. They were separated, but Williams followed accused back to the kitchen. Capewell was then sober. Witness said he later saw the two men locked together. They Ave re again separated, and Williams collapsed and died in a few minutes. Witness said Williams was the aggressor throughout. Cross-examined, witness said that Williams was fairly well under the influence of liquor and would not have been able to defend himself. John William Helm, foreman at the station, said that shortly before the fatal struggle he saw Williams and Capewell struggling on the grass. It was a very harmless struggle, and he did not see any blows struck. Witness said that Capewell was not drunk. Some time after Williams' death Capewell said he would like to go to bed. Witness replied that Williams was in his bed and had been there half an hour. Capewell said, "Oh, well, let him have half an hour."

Witness said that Capewell appeared to believe him when he told him Williams was asleep on his bed. Capewell appeared to be quite unconscious of the fact that a tragery had occurred. Howard Mills, a shepherd on the j station, gave evidence on similar lines. Under cross-examination, he said that when he saw Capewell he was very excited and appeared to be sobbing. He did not seem to know a tragedy had J occurred.

To His Honor, witness said that Williams appeared to be about 30 years of age, well set-up and powerful. Capewell, he thought, was between 55 and 60, and not athletic. Capewell, more or less sober, was no better fighter than Williams drunk.

"If it were a case of a fight," said His Honor, "what would be the position?"

Witness: Capewell would have no chance whatever. Dr. Cuthbert Raymond, of Waipukurau, gave evidence concerning Williams' injuries. With regard to the fatal wound, he thought it could not have been self-inflicted. It would have required a good force to drivo a knife to the depth of the wound. Capewell swelled strongly of drink when witness examined him soon after the struggle, but his speech was quite normal. He appeared to be suffering from shock. Witness saw no marks or blood on accused.

The Court adjourned until to-morrow