MURDER CHARGE

New Zealand Herald, Volume 82, Issue 25202, 15 May 1945, Page 6

MURDER CHARGE

WOMAN ON TKIAL DEATH OF HUSBAND (P.A.) WELLINGTON, Monday The trial of Lena Rosita Bernard, domestic, aged 35, on a charge of murdering her husband, Maurice Bernard, with a carving knife at an apartment in Marion Street on February 5 last, was commenced in Wellington today before Mr Justice Finlay, The jury will be kept together for the duration of the trial. The case for the Crown is being conducted by the Crown Prosecutor, Mr W. H. Cunningham, and Mr G. G. G. Watson, with him Mr It. E, Pope, appears for the accused. In his opening address Mr Cunningham said that,, on the evidence which the Crown had, the question of selfdefence did not appear to arise and the jury would probably conclude they "had to consider whether the killing of Bernard was murder or manslaughter. Neighbours would say that accused and her husband had occasional tiffs, but apparently got along fairly well together otherwise. Evidence of Neighbours On two occasions, about Christinas, time, it was alleged, accused stayed out all night and Bernard had been worried. It was further alleged that, on Thursday, February 1, he discovered her in a basement flat in Tasman Street with a man named Gordon, with whom she appeared to have been more than friendly for some years. The events on which the charge was based occurred between 8.45 and 9 o'clock at night, said counsel. Mrs Wilson, who was also a tenant in the house in Marion Street, was in the Bernard apartment between 8.30 and 8.45 o'clock and she would say accused and her husband were only merry and not drunk. A Air Lane, who occupied an adjoining upstairs apartment, would say he could hear the Bernards having "a bit of a row," but he could not distinguish what was being said. Miss Rattray, who was in Lane's apartment, would say much the same. "Sound of Scuffling" Mr and Mrs McKendrick occupied the flat immediately below the Bernards', added Mr Cunningham. McKendrick would say he heard the sound of scuffling, furniture falling or being dragged, a woman's sobbing voice and a man's mumbling, but no words. He heard one "fairly solid thud," some more noise and then a last solid thud. There would be no question that in the short period when those noises were heard accused and her husband were alone in their apartment. The first indication that anything was wrong was when accused rushed into Lane's room and said: "For God's sake, get a doctor. Maurice has had an accident." Lane, who was fairly sick that night, got up and saw Bernard lying with blood pouring from his mouth. Lane was too ill to use the telephone downstairs and finally Mrs Wilson telephoned for an ambulance.

J Reference to Oarvlng Knife After Lane had gone downstairs Miss Rattray went into Bernard's apartment and found accused kneeling beside Bernard, holding his head up and asking him what was wrong. Underneath Bernard's shoulders was a pool of blood and a carving knife lying in it. Bernard was probably already dead when he was taken away. Among other things, accused was alleged to have said to McKendrick: "We were just having a drink and he called me something that I am not. I picked up the knife and he fell over." A certain amount of cleaning up had been done by the time the' police arrived. To a police sergeant, accused said: ''We had some words and 1 don't know if I took hold of something or not." Evidence would be given that, later, when a detective asked her what had happened, accused said: "We had a few words; nothing very much. It was all over in a flash. It all happened so quick. He went down on the floor and blood was pouring out of his mouth*." It would also be stated that, when it was pointed out to her that stabbing caused death, she said: "It must have been me stabbed him—there was no one else there." Tne Fatal Wounds The knife was picked up and washed before the police arrived. Bernard had a wound on his left hand and another superficial stab wound in the region of the shoulder. It was suggested the wound on the hand was caused when he was trying to protect himself. The wound which killed him was particularly _ deadly, penetrating a lung and severing the main artery of the heart. When the case was before the Lower Court, said Mr Cunningham, the question was asked as to whether accused had any bruises or marks on her. The police did not notice any, but Dr Lewis, of the Mental Hospitals Department, found a small, superficial bruise near her nose and a small abrasion on her shoulder. There was probably some struggle between her and her husband in his endeavours to avoid the knife. Seven witnesses gave evidence along the lines of the Crown's opening. The Court adjourned until tomorrow.

HOROLOGY SCHOOL FIRST IN THE DOMINION A school for the instruction of apprentice watchmakers, the first of its kind in the Dominion, has been formed by the Auckland branch of the NewZealand Horologieal Institute, and weekly classes will start this month. An apprenticeship committee set up by the institute has appointed as director of the school Mr Cecil Smith, of the Department of Scientific and Industrial Research, who is also a member of the Dominion council of the institute. In addition to work set and supervised by the director at the school, there will be voluntary lectures on special aspects of horology by members of the institute. It is thought probable that the Wellington, Christcluirch and Dunedin branches of the institute also will take up the matter of horologieal instruction, the need for which has been accentuated by war conditionsVmd the consequent shortage of young staff throughout the Dominion.