MURDER CHARGE

New Zealand Herald, Volume LXXV, Issue 23183, 1 November 1938, Page 11

MURDER CHARGE

DEATH OF MRS. AVES YOUNG MAN ON TRIAL EVIDENCE FOR CROWN ACCUSED'S MENTAL STATE JUT TELEGRAPH —OWN CORRESPONDENT] . // NAPIER, Monday Before the Chief Justice, Sir Michael Myers,' in the Supreme Court today, the trial wan begun of Colin Herbert Hercock, aged 21, grocer's assistant, of Waipawa, on a charge of murdering Mrs. Isabel Annie Aves at WcstEhore, Napier, on October 3. Mr. H. B. Lusk conducted tho prosecution. Mr. C. H. Weston, K.C., with him Mr. C. G. E. Hsrker, appeared for the accused.

Miss Dorothy Alice Stafford, questioned by Mr. Harker, said her discussions with tho accused over whether jsho should go to Mrs. Aves had extended over some months and he had objected to tho last. It was only after gho threatened to "find another way out" that he had finally consented. Ho had offered to marry her on moro than ono occasion. Moreover, he had offered to send her away and have tho child cared for at his expense. When accused had' called for her 'on tho Saturday night Mrs. Aves told him sho was ready to go homo. She had felt ill on the way homo and that had worried him. Although she had told Mrs. Aves she felt very hot at Westshore, Mrs. Aves had not taken her temperature. Tense ismd Strained His Honor: Wa« the accused worried ten you first told him? Witness: He wis. Br. D. J. f Allen, in answer to Mr. Weston, said tho accused was in a very worried condition when ho saw witness. Counsel: Would you say it was abnormal P . • , Witness: I would not say that, but he was tense' and strained. said tho girl had been very ill. Mr. Weston cross-examined at some length on tho methods a doctor would use. Witness said ihe operation was one which required the highest standard of cleanliness and a sea&ide cottage not be conducive to that condition.

His Honor We are not trying Mrs. lAvps, Mr. Weston. Mr. Weston said, he was merely trying to give the jury a knowledge of things the accused had known when he objected to the girl's going to Mrs. Aves. There woul'd be evidence to show he had that knowledge. The Mother'u Evidence

Mrs. Beatrice Margaret Hercock. the accused's mother, said she had noticed that he was White and "looked hollow about the- eyes" when he left home on the Saturday night. Mr. Weston: Bid his mentioning his birthday seem queer to you? —It did, seeing that it hj.ji gone about 10 days before. , Did he seem his uisual self?—He was yeiry quiet. He looked worried and it seemed to me there was something jvrone with him. Is ho a worrier;— Yes, he is. Is he a quiet bay or is he rowdy?— He is a very guiot and good-living boy. Is the family 21 happy one—Yes, we have alway been affectionate to one another. What was your attitude toward his friendship tq Mjsu Stafford?—We all iliJked her very niuch. Doctor'n Opinions

Dr. ,T. Allan Berry said he thought it | the riflii had not been raised to the assailant 1 13 shoulder. There was an amazing amount of injury for so small a bullet. Mr. Harker: Fiom your reading and ■experience would i.t be possible for anyone to be abnormal so as not to form any coherent intentions at midnight and be all right again at 6 a.m.? Witness": Yes. Mr. Luslc: But you would want to ow all the facts? Witness: Yes, of course. If a young mdi. was to arm himselfand travel to a house arid discharge a rifle at anyone, would that be evidence of abnormality?—lt would be abnormal action!! altogether. Would it indicntß insanity?—l am not "an alienist. * ;] ' In reply to His Honor, witness said hu would go so ifa:r as to say that anyone who committed a crime under any circumstances was abnormal. "Only Fcijfhtened Her"

Senior-Sergeant W. Pender, who was in his office at the Napier police station. at 12.30 a.m. on October 3, described the accused's visit there. When asked what he hail shot Mrs. Aven with accui|e:l had replied: "I didn't shot her; jE only "frightened her." Answering' Mr. Harker, witness said the accused when he came in ajppeared to be either mentally affected or semiintoxicated. There was no sign of thq -latter, but the accused did not appear to understand what he was there for, judging by his appearance and the way, , hu vi-as talking.,!,." Mr. Harker: tVero you able to get any real sense out of him at alii? - _ Witness: No. I didn't question him except after Dr. Berry rang. ' Because you did not think he was in a lit condition to give coherent answers?— Yes. Did his condition appear to have improved in tho morning?— Yes. po sjiemed brighter. No Intelligent Answera

, Constable E. L. 0. Harding, -who was hi charge of the watehhouse on the Saturday night, i;ni reply to Mr, Harker, said, ha could get no intelligent'answers flora the "accused and he appeared to bs Mi an abnornna] mental ebndition. His H 01101;: He knew he was in the Police station? Witness: Thai'a about / all, Your * Honor. Further questioned by His Honor, /witness expressed the opinion that the accused acted like one who had been wtremely badly shocked. Worried uiid Demented

Detective-Sergeant H. Nuttall told tlie Court that when ho first saw the accused at the police station at 12.20 a.ra. on October 3 ho was worried and J ! 1 a demented condition. Afc 11 a.m. he sieiried quitto rational and ho made a sktement in which ho admitted going Mrs. .Aves' plaice and firing a rifle to givd her "the fright of her 1 fa. 1,1 , Mr. Harker: From ft hat you isaw, if j0 had turned out to be a wandering linatio would you 'have been surprised? i 1 would not. ! Witness said that in all his 32 years' jjoliOQ experience be had met only two UllfT people in a similar condition after jiving committed a serious crime. One j.Bs concerned in a murder and tho \\ I an at to m pled murder, n Answering His Honor, witness said J 0 accused had remembered having | ea a pojiceman ut Port Ahuriri and ~ c ! retaembfcred bis conversations with jjon SeT '; lor " ser gea | i 1 at the police staj included the case for the Crown j Q Qfrow o,lr t a rljournsd until to-