MURDER CHARGE

New Zealand Herald, Volume LXXII, Issue 22119, 27 May 1935, Page 10

MURDER CHARGE

TRIAL OF PRICE ROLL OF BANK NOTES QUESTIONS AS TO SIZE TWO WITNESSES RECALLED REQUEST BY THE JURY [by telegraph—own correspondent] NAPIER. Saturday The trial was continued in the Supremo Court in Napier to-day, before Mr. Justice Blair, of Charles William Price, alias Edwards, teamster, aged 42. on a chargo of murdering Evelyn Mary Madden, domestic, on or about February 6. The body of deceased was found on February 14 in a creek near Argyll East, in the Waipawa district. Mr. H. B Lusk, with him Mr. L. W. Willis, appeared for the Crown, and Mr. S. Averill, with him Mr. T. E. O'Dowd, represented accused. The whole of to-day's sitting was occupied with a further examination of two witnesses previously called. These were Norman John Guild, taxidriver, and Gordon Hart, son of the licensee of the Te Auto hotel, this witness having served the drinks to accused and Guild on their way back from Taheke.

The jurymen asked the Judge to have these two witnesses recalled in order that they might give their conception of tho sizo of the roll of notes that had been produced by accused when paying for the drinks. "What is a roll of notes?" and "How much money would one expect to find in a fair-sized roll?" were tho two questions that y?ompted the jury's request. How the Drinks Were Paid For

Guild was the first witness to whom the Judge addressed some questions. "Pleaso tell us in your own words how tho drinks came to bo paid for," said His Honor.

Witness: Well, Edwards paid for them. I did not take particular notice of what money ho tendered. His Honor: When he paid he got his money from some place, did ho not?— Yes, out of his hip pocket. Will you please describe it in your own words. Wlicn tlio money was taken out of his pocket what did it consist of? —1 saw one or two £5 notes. Ido not remember whether it was one or two. One may have been rolled back. In what form was this? —In a roll about so (witness indicating the size by flexing his index finger and thumb together in the form of a circle). *Vbout three-quarters of an inch in diameter. Circumference ol a Penny Mr. Averill: About the circumference of a penny, I take it? Yes. Have you ever been fortunate enough to have had a considerable number of bank notes? —Yes, but a long time ago. (Laughter.) , . What was your impression ot the size of this roll of notes? What would you say as to the number that occurred to you as being m the roll ?- I did not take any notice. Ldwards told me he had been given£3o, and I did not notice whether the roll was tight or loose. .. His Honor (holding up a small roll of notes): How would you say this roll compared with the roll you other roll was a little larger. It might have been looser, but it seemed to me larger. Barman Again in the Bo*

Gordon H. Hector Hart, son of the licensee of the Te Aute Hotel—who said that he served Guild and Price with drinks on the day on which Price got out of the taxi at the ploughman's camp and went for a walk with Eva Madden —was the second witness to be recalled. His Honor (to witness): What first occurred when accused came to the point of paying for the drinks? —He offered to pay with a £5 note. Did you see where he got the £5 noto from Y—No. After that P Just tell us in your own words.—l told him I could not cash a £5 note, and I asked him if he had something smaller. He put his hand into his hip pocket, pulled out a roll of notes, took a £1 note off and paid for the drinks.

Could you describe in your own words your idea of the size of the roll of notes ?

Witness also made an "0" with his thumb and forefinger, but the aperture seeim-d larger than that shown by Guild. Judge Produces a 801 l His Honor: What was your idea of the roll —the number of notes it contained? What was the impression it gave you?—l could not say actually. It would be more than that one (indicating one held up by the Judge). What would yon say you thought it contained? —I could not say actually. His Honor then loosened the roll and asked: How was the roll you saw—looser or tighter? Witness: I could not say about that, but I think the other one would be bigger than that—nearly as big as that again.

His Honor then informed witness that the roll he held in his hand contained a £5 noto and three £1 notes, and that the roll had been prepared by the jury. His Honor, in adjourning the Court until 10 o'clock on Monday morning, remarked that in all probability the wholo day would be occupied with addresses by counsel. As soon as the Court adjourned the jury left in cars in the direction of Argyll East, where they were to again inspect the locality, presumably to clear up a number of points which have arisen smco they went there on Tuesday afternoon.