MURDER CHARGE

New Zealand Herald, Volume LXXVII, Issue 23718, 26 July 1940, Page 9

MURDER CHARGE

WAIKINO TRAGEDY TRIAL NEARING END COUNSEL'S ADDRESSES The trial of Douglas Herbert Cartman, aged 22, mine trucker, of Waihi, on a charge of murder, which began in the Supreme Court on Monday,'reached its closing stages yesterday and will end to-day. Cartman, for whom Mr. Henry 'and Mr. McCarthy are appearing, is charged with the murder of Mrs. Elizabeth Agnes Hamilton at Waikino on the evening of April 2. The Crown case is in the hands of the. Crown prosecutor, Mr. V. R. Meredith, and, with him is Mr. N. I. Smith. The evidence for the prosecution was concluded early yesterday afternoon. No evidence was called for the defence, and the jury was addressed by Mr. Meredith and Mr. Henry.'At the close of the latter address, Mr. Justice Fair adjourned the Court until this morn-' ing, when he will deliver his up before the jury retires. Pathologists' Evidence Under cross-examination by Mr. Henry, Dr. Walter Gilmour, patholo-" gist at the Auckland Hospital, said the coagulation of the blood was one of the reasons proving that the wounds on Mrs. Hamilton's head were inflicted before death. B.is definite opinion was that the injuries caused by the motorcar we re not such as to cause unconsciousness to Mrs, Hamilton. Dr. E. F. Fowler, pathologist, confirmed Dr. Gilmour's conclusions, and said the wounds on Mrs. Hamilton's head must have been inflicted before death. Answering Mr. Henry, witness said it was unlikely that Mrs. Hamilton would have died from her earlier injuries in less than from 24 to 48 hours. The journey of four miles along that road would be dangerous to a woman in her condition. It was impossible to say whether at any moment after the motor accident she was conscious or unconscious. An Alleged Statement Detective-Sergeant J. Thompson, of Hamilton, produced a . second . statement, in which, ho said, accused stated that on April 2 he had been in the Sterling Hotel, Waihi, practically all day, and had had a lot of drink. He set out to go to Paeroa, the statement continued, and when driving through Waikino he did not see a boy or woman until he hit them. Both were dead when he picked them up.- He put the boy in the dickey seat and the woman in the front seat of the car. After he had driven about 100 yds. up the Waitewheta Road the body of the woman fell out. He took the boy out of the dickey seat and rolled 'him over the bank,* and after driving further he left the woman by the side of- the road. Accused concluded by saying:. f'lf l had not had so much drink it wouldn't hare happened." ■ This concluded the evidence. Li his address, Mr.'Meredith said no one knew exactly what happened when Mrs, Hamilton and Lloyd Moran were struck or whether-.it was accidental;-or not. What..was the cause of Mrs. Hamilton's death, and who delivered , tho blows on' 'her head? 'lt would .be grotesque to suggest that some person would come along to where accused had left the body, and gratuitously go down off the road, pick up the tyre lever and knock her head in with a series of blows. The only reasonable inference from the known facts was that the in 7 juries were inflicted by accused with his own tyre lever. Remaining Question If they came to that conclusion the only question remaining was whether Mrs. Hamilton was living and breathing at the time she was struck, continued Mr. Meredith. The absolutely uncontradicted evidence of three medical men was that it had been established beyond any doubt that, she was living when she was struck. The facts also compelled the conclusion that she had been outraged. If they could not come to any other conclusion than that Cartman had committed this crime, then Mr. Meredith asked them to bring in a verdict accordingly for the protection of the innocent and the weak and in discharge of their duty to the community. Mr. Henry said the statement Cartman gave was true and remained unchallenged in any vital respect. It was challenged only by means of expert opinion. The proof in every vital issue, must be beyond reasonable doubt. After Mrs. Hamilton had been struck by the car, her chance of recovery was clearly very remote, said counsel. At that stage there could be no question of murder. Did the Crown evidence satisfy them that Mrs. Hamilton was alive when struck on the head at Butler's Hill? If there was any lingering reasonable doubt in their minds about Mrs. Hamilton being alive at the crucial time, then they must acquit on the charge of murder. J Final Submissions Jn two points the Crown case was weak and unconvincing, said counsel. It had failed to show that Mrs. Hamilton was alive when she reached the top of Butler's Hill,-and to show that the tyre lever was used by Cartman to cause her death and that it was not due to the motor accident. Evgn if Mrs. Hamilton survived the injuries in the accident, it was most unlikely that she survived the fall from the car and the drive along the road. If the question of murder was excluded, there remained the further question of manslaughter. The road was very difficult at that point and misleading. If they had any doubt they would extend it to the prisoner. Counsel asked the jury to disregard all the evidence concerning the outrage on Mrs. Hamilton. The case was then adjourned until this morning.