MURDER CHARGE

New Zealand Herald, Volume LXXIV, Issue 22685, 24 March 1937, Page 16

MURDER CHARGE

31A01!I FOR TEIAL

DEFENCE OF INSANITY STATEMENT BY COUNSEL THE PATUMAHOE TRAGEDY The hearing of a charge of murdering his father and another charge of attempting to murder his sister, preferred against Johnny Toka, farm labourer, aged 24, was concluded in the Police Court yesterday. r. W yvein Wilson, S.M., committed accused to tho Supreme Court for trial on both counts.

Accused was arrested following a tragedy at Patumahoe on the night of February 21, when Toko Whakaia, father of accused, was shot, and accused's sister. Mrs. Etc Toko, was found suffering from severe head injuries. Tho prosecution was conducted by tho Crown Prosecutor, Mr. V. R. Meredith, and Mr. Schramm appeared for accused. Twenty-eight witnesses were called by the police and 14 of these were heard yesterday morning. Shot-gun Borrowed Harold Samuel Carter, of Patumahoe, said he loaned accused a shot-gun on the Tuesday before the murder. V> itness also gave accused two cartridges. Shortly after 8.30 p.m. on February 21* witness saw accused hurrying in the direction of Davis Rangi's place. H»* appeared eager and excited. George Henry McAlpine, said that frequently the Toko family had quarrels. Shortly after six o'clock on the evening of February 21 Mrs. loko and several of the family came to witness' house and told him that accused had shot his father. Sergeant J. T. Cowan described the scene in the kitchen of the wliare. When accused was brought into tho house Mrs. Etc Toko called out, "Dou't let'-him touch me; he hit me with the kettle." Indicating the body of the dead man, tho wounded woman said: "He shot him." Witness asked accused where he obtained tho gun, and accused replied that he borrowed it from Carter. Alleged Statements Constable F. T. Wakelin, who accompanied Sergeant Cowan to tho whare, said that when the police party entered Mrs. Ete Toko asked, '"ls that my brother?" Witness turned his torch on the accused's face and Mrs. Toko said, "Yes, that is him. Don't let him touch me; he hit me with the kettle." "He shot him," she added, pointing to the body. "Who shot liim?" Sergeant Cowan asked. 'T shot him," accusal replied. Accused said he and his fath'er were always fighting. Detective-Sergeant A. B. Meiklejohn said that when he examined the room he found several pieces of the iron kettle on the floor. Two of tho pieces were near the body of 'Whakaia, whose head was battered. Fired Outside Wall

G. G. Kelly, arras advisory officer, demonstrated the method used to fire the shot-gun and detailed experiments he had carried out. Witness said that when the gun had been fired the muzzle was about three inches from the outsid? wall. Accused was then committed tor trial. Counsel stated that the defence on both charges would be one of insanity.