MURDER CHARGE

New Zealand Herald, Volume LXXIV, Issue 22864, 20 October 1937, Page 18

MURDER CHARGE

ARUNDEL TRAGEDY YOUNG MAN FOR TRIAL EVIDENCE ABOUT CHEQUE / STATEMENT TO FOLICE [BY TELECRAm —OWN" CORRESPONDENT] ■ ' .. ■ TIMAKU, Tuesday Pleading not guilty to the charge of murdering William Gaby, the 73-year-old 'storekeeper at Arundel, on September 10, Randall Reginald David Smith, 'labourer, aged 26. was to-day committed for trial at the Supremo Court at Timaru on February 10. The Magistrate's Court hearing commenced yesterday and concluded at mid-dav today, after the evidence of 38 witnesses for the Crown had been heard by Mr. H. Morgan, S.M. The inquest was held in conjunction with the , present hearing, and Mr. Morgan's verdict was that Gaby died from concussion and shock as the result of a severe blow on the forehead from a piece of wood, such blow huving been wilfully struck by Randall Reginald David Smith. Mr. W. D. Campbell conducted the case for the Crown and Dr. A. L. Haslam appeared for accused. Cashing of Cheque

Gordon .William McHardy, storekeeper, of Seaeliff, said accused visited his store on the morning of September 13 and witness cashed a cheque for him, which was sigued "Dave Bell. On the same afternoon two detectives visited the store and ho handed the cheque to them. . , . James Daniel McKechnio, manager of the.' Bank of New Zealand at Geraldine, identified the cheque produced as one .of two from a cheque book issued to Gaby, which had. not been passed into the bank. When the next witness, Allan Charles Herring, a warder at ' the Auckland prison was called, Dr. Haslam said the Crown Prosecutor had acquainted him with the nature of the evidence which the witness proposed to give, and he desired to object, as it might prejudice the > case. He suggested it might be advisablo to argue the matter in chambers. The Magistrate: I do not know tho nature; of the evidence. Dr. Haslam: Mr. Campbell will indicate it to you in chambers. Bootlace Produced

When the Court resumed witness said he was in charge of the boot shop at the Auckland prison. Bootlaces were made two ways in the shop, and the rnethod employed was not one in common use: he knew of no other place, - apart . from the prison, where laccs were made in this manner. A laco was shown witness, and he said it was similar to laces which had been produced at the prison. When two other laces were shown to witness he said that as far as he knew the Auckland was the only place where thoy would be produced. Accused had been confined at the prison, having been discharged from there on August 19 i last. / _ .... Dr. Haslam said that his objection to this evidence should be recorded. Mrs. Olive Ibell, residing in Christchurch, said a lucky charm in the form • of a clock, which had been found near Gaby's body, was very similar to one ./accused had worn in the lapel of his coat. \ ■j Detective-Sergeant James Bickerflike, of Christchureh, said that on September 14 he interviewed accused and told him he was investigating the death of Gaby. Accused asked wits ness his reason for interviewing him I on the matter. "I asked him if he * knew /the Arundel district, and he said Ihe knew it well and knew Gaby's < store. I told him a cheque had been

cashed at Seacliff by a man answer- «<• ing his description. I told Him the '! cheque was from a book on issue to s! Gaby," said witness. . Writing of Statement Detective-Sergeant Bickerdike con- . t tinued that after some hesitation accused said: "What is going to happen me if I tell the truth?" Witness replied: "It all depends on your explanation, providing you have an explanation to make." Smith then said: "I did not intend to kill Gaby. _He i;' gave a groan when I dragged him into -sf the kitchen." !!' Witness said ho asked accused if he would like to write his own statement !]' or whether witness would type it for him. Accused replied: "I would prefer to write my own statement and then I can give it in my own language." / Happenings at Store »»" In the statement, accused said he staved at Mount Somers ou September 9. *He reached Arundel at 7 p.m. on September 10. About an hour later he ■ " went into the store and took the money.from the till, and also a cheque book. , "I was just leaving when I met a man at the back door," the statement continued. "He made some remark and, if I remember rightly, he made u a dash at me. I stepped into the store and picked up a piece of wood in. the '• kitchen. By this time tho man was ;]• standing outside the back door. I " think I pushed him back with my hand. .!♦ He said something, but I-cannot re- < member clearly what it v was. I raised the wood and struck at him, and he fell to the ground. "I do not remember clearly what happened just then. I have a slight recollection that I picked him up and dragged him into the kitchen. He appeared to be stunned. I cannot remember whether he was bleeding or not. He did not say anything, but gave a bit of a groan. I then noticed that he was an old man. '. * " ■ "Laces Left Behind"

"The three bootlaces shown to me by the detectives are what I had on me at the time I went into the store. I cajinot say what I did with these, but I. know I left them at the store. At this time I was very excited and do' not remember clearly what happaned. "I. then closed the back door and left, After leaving the store I went on to-the main road and either walked or ran / toward Geraldine )( as I was frightened. After walking for about four ir.iles I kind of cooled off and when a car came along I stepped into the middle of the road and he gave me a lift „to Timaru." Accused then degcribed his movements in Timaru. Detective-Sergeant Bickerdike added that Recused had said also that the laces he left at the storo ho had secured from the Auckland Prison. During the time accused was making the statement he coughed frequently and said he had a cold. He also said he lost his head at the time he hit the old man. When Gahv came to the back door he was robbing the shop.