DEATH SENTENCE

New Zealand Herald, Volume LXXVII, Issue 23719, 27 July 1940, Page 13

DEATH SENTENCE

MURDER PROVED END OF WAIKINO CASE HIS HONOR'S SUMMARY SHOCKING CIRCUMSTANCES The death sentence was passed in the Supreme Court yesterday afternoon when a jury found Douglas Herbert Cartman, aged 22, mine trucker, of Waihi, guilty of murder. Accused had been on trial since Monday before Mr. Justice Fair for the murder of Mrs. Elizabeth Agnes Hamilton at Waikino on April 2. The evidence was completed on Thursday and the final address by His Honor yesterday occupied an hour and 10 minutes. There was a large attendance of the public in the afterno.on, including a score of women in the gallery, to await the jury's return. They came back to their seats at 3.20 p.m. - after an absence of three hours and 40 minutes. Verdict and Sentence Accused took his stand in the dock. "We find the prisoner guilty of murder," said the foreman in response to the challenge, and the jurymen echoed unanimous assent.

Asked if he had anything to say why sentence of death should not be passed upon him, accused made as if to ■speak, but the silence was \mbroken.

The crier gave the call for silence "upon pain of fine or imprisonment/' and His Honor, wearing the black cap over his wig, passed sentence. "You have been found guilty of murder," he said, "and it is my duty to pass sentence according to law.' The sentence of the Court is that you be taken to the place from whence you came and thence to the place of execution, and there hanged by the neck until you are dead. And may the-Lord have mercy on your soul." Showing no signs of his feelings, the prisoner was removed to the cells below. Judge's Address to Jury "There is no question," said His Honor, in his address to the-jury, "that the circumstances of the death of Mrs. Hamilton and the treatment of her body were very shocking, and the death of the lad Lloyd Moran who was with her was very tragic." For nearly a month, he continued, the offender was not known, and the facts were given much publicity, and widespread indignation was aroused. The jury had been properly cautioned against allowing themselves to be influenced in their judgment in any way by anything they might have heard or | read beforehand.

They must also guard against their very natural feelings of indignation at the circumstances of the case, said His Honor. They must not allow tlie distressing and painful, photographs they had / been shown to deflect their minds from taking a strictly impartial course.

If the Crown had left any reasonable doubt in their minds, the accused was entitled to the benefit of that doubt, and they would acquit him on the charge of murder. They would then.be entitled to go on to consider whether a charge of manslaughter had been proved. Onus on the Crown Accused's counsel had asserted that the Crown had to prove that Mrs. Hamilton's death had been caused by the blows on the head from the tyre lever, and that was correct, His Honor continued. The position in which the tyre lever was found indicated that it. had been used to strike the blows, and that view was supported by the medical evidence. It apparently took about half an hour after the collision to reach the spot where the body was found, and the jury might think that if one of the head injuries had been received in the collision Mrs* Hamilton would have been dead before reaching that spot. Apart from minor differences, Dr. Gilmour's evidence was supported, on the main points by all the medical witnesses, and the jury might think that thai; should be accepted. His Honor said. If they decided that the wounds on the head were caused by the tyre lever then they would go on to consider whether Mrs. Hamilton was living at the time the blows were struck. The medical witnesses agreed that this was not a border-line case, but that the blows were received by Mrs. Hamilton while she was still living. Another Point for Jury The jury would next consider whether the blows were struck by the accused or whether they had been struck by somebody else. His Honor did not think that aspect would give, them much difficulty, in view of the accused's admission.'! and the motive that he had for silencing Mrs. Hamilton. 'As a matter of law it must be shown against the accused that the blows were intended to cause death or grievous bodily harm. The disposal of the boy Moran showed that the accused knew what he was doing. If the jury found the accused not guilty of murder, His Honor continued, they could go on to consider a charge of manslaughter, although that was not set out in the indictment. There was a clear prima facie case of negligence, and there was no doubt that if death was not due to blows by the tyre lever it was caused by that negligence. The jury then retired. Thanks from Bench

After sentence had been passed, His. Honor thanked members of the jury for the very careful attention they had given to this very painful trial. Ho thought he should say he found himself in agreement with the verdict, which he thought the evidence conclusively justified. They would be excused from jury service until after tha end of next year. His Honor expressed his appreciation, of the keen work done by tbe police and their exhaustive inquiries that led to the evidence being with nothing overlooked or omitted. He thanked counsel on both sides also forthe very able and satisfactory manner in which they had presented their case. Mr. Meredith needed no tribute from the Bench, His Honor continued. He always presented the evidence fully and fairly and in such a clear manner as to he of great assistance. Mr. Henry and Mr. McCarthy had done everything that was possible in seeing that every aspect of the case was considered, and they had done it in best traditions of the profession.