"MORE THAN MERE SUSPICION"

NZ Truth, Issue 1136, 8 September 1927, Page 3

"MORE THAN MERE SUSPICION "

Taxi-driver Charles William Boakes Awaits Trial On Capital Charge IMPORTANCE OF EXPERT MEDICAL EVIDENCE

BOAKES also committed for trial on the' lesser charge of having supplied Gwen Scarff with a noxious thing, knowing the same was to be unlawfully used. The magisterial hearing and the inquest — a full report of which appeared m "N.Z. Truth's" later editions last week — were taken m conjunction, and as coroner Magistrate Mosley found that Owen Scarff had died from concussion associated with haemorrhage and fracture of the skull, her death being due to her having been murdered by some person. The hearing, which lasted for two days, yielded many dramatic moments and there were some startling revelations. Throughout both days Boakes, who was attired m a dark suit with soft collar and dark bow-tie, took the closest interest m the proceedings. At all times he was cool and composed, leaning comfortably against the dock rail m an attitude of attentive interest. The Crown called sixty witnesses, Crown Prosecutor A. T. Donnelly handling the police case, while Lawyer C. S. Thomas, as leading counsel, and Lawyer M. J.B urns, as junior counsel, appeared for Boakes. The full story of the hearing was told m the special edition of "N.Z. Truth" issued last week, but it is now possible to view the evidence tendered m complete perspective. Most of the evidence called by the Crown bore directly on the minor charge, on which Lawyer Thomas agreed that a prima facie case had been made out. His Statements The evidence bearing upon the actual murder was such that leading counsel for the defence, at the close of the hearing, addressed the bench, submitting strongly that no jury m the country would convict Boakes on the capital charge on the evidence that had been given. The magistrate intimated that he would take time to consider the question and that he would go carefully through the depositions. He indicated that he would give his decision the following afternoon, and the court was crowded when he took his seat on the bench. When he announced briefly that he had come to the conclusion that the evidence raised more than a mere suspicion and that Boakes would have to stand his trial, the news was received with intense interest. The only person m court who appeared to be calm and collected was Boakes himself, who heard the magistrate's decision without betraying any indication m his face or movements what his thoughts were. One of the outstanding features of the whole hearing was the reading of Boakes' statements made to DetectiveSergeants J. B. Young and J. Bickerdike. In both statements, which were very lengthy, Boakes denied emphatically that he had ever at any time had improper relations with Gwen Scarff or that he had taken her out m his car. He was equally emphatic m his denials that he had ever bought pills or medicine for her, as the Crown alleged he had .d.one, from Sydney Charles King, a chemist's assistant, employed by J. A. Coltart, of Colombo Street. The reading of these alleged statements created a sensation m court, but the most dramatic moment during the two days was when Jessie Glen Ross McClure, a domestic who worked m the same house at Cashmere as Gwen Scarff, repeated from memory the text of a letter she declared Gwen had written to Boakes and which had been posted m the ordinary way. That letter the Crown was unable to produce, but the evidence bearing upon it was introduced, as it was alleged that Mrs. McClure had it read to her by Gwen Scarff three times and that she had actually seen the document, which was said to have been addressed to "Mr. Charles Boakes, Grand Taxistand, Christchurch." Mrs. McClure was very definite that she had seen the letter, and a thrill ran through the court when — m an-, swer to Crown Prosecutor Donnelly, she repeated, slowly but firmly, the dead girl's message. "It was addressed to Mr. Charles Boakes, Grand Taxi-stand, Christchurch," said Mrs. McClure. Then, groping through her memory, she repeated word for word the contents of the letter. If that document, was ever written, it was indeed a page of drama and desperation. "Dear Charlie," the letter ran, according to Mrs. McClure, "you will be surprised to know that the stuff did not do me any good. As you forgot to ring, I am writing to you. Telephone Calls "The only thing now I can suggest is that you make a clean breast of it to your wife. When this becomes known I shall be barred from my own home, and I, the mother of your second child, will be stranded. Stick to me and help all you can." Such was the letter Mrs. McClure repeated from memory, the repetition of which burst on the thrilled court like a bombshell. But counsel for the defence did not allow it to pass unchallenged. Lawyer Thomas raised strong objection to such evidence and intimated that he would object to all similar kinds of evidence the Crown might tender. The objection was noted on the depositions. Mrs. McClure, who was the third witness called on the first day of the hearing, told a remarkable and sensational story. She described her association with Gwen Scarff while both were m the employ of Mrs. Derisely Wood, of McMillan Avenue, Cashmere, and how she had noticed during the month of February last that Gwen had used the telephone a good deal. • From about March 10 to 28 Mrs. McClure said she was absent from work with a poisoned hand and that on her return she noticed that Gwen looked far from well. She had her suspicions that . Miss Scarff was then m a certain condition. About March 28 a package was delivered at the house for Gwen, and this Mrs. McClure saw later. She was shown a small tin containing black pills and had seen Miss Scarff taking them. Their effect was to make the girl sick. Still later Mrs. McClure said she had seen Gwen return with a bottle containing a brownish -looking liquid. On May 12 Mrs. McClure accompanied the girl into town, where Gwen Scarff paid a call at the Post Office savings bank. „ She withdrew £4 from her account and added another, pound to the

(From "N.Z. Truth's" Special Christchurch Representative.) "T AM satisfied that the evidence raises more than a mere suspicion and that the accused must stand his trial at the next sitting of the criminal sessions." With these words, Magistrate E. D. Mosley brought to a close a thrilling chapter m the Burwood murder drama, when he committed Charles William Boakes, the Christchurch taxi-driver, for trial on a charge of murdering Gwen Scarff, the 20-year-old domestic, at Burwood, on June 15 last.

amount, which latter sum she took out of a purse she was carrying. After leaving the Po6t Office Gwen went to speak to a taxidriver, and the pair, according to Mrs. McClure, went behind a taxi, where they conversed for about ten minutes. While she did not know the taxidriver, she remembered that he was tall and clean-shaven. Mrs. McClure then carried the story to the morning of May 17, when she entered Gwen Scarff's bedroom early m the morning to give her a cup of tea. "The girl was ill," said Mrs. McClure. "I shook her, but she could only mumble and she was frothing at the mouth. I reported her illneßs to Mrs. Wood." It -vas after this episode that the allejicd letter to Boakes was written, said witness. That was as far as Mrs. McClure could carry the story. Evidence that he posted. a letter addressed to some taxi-stand m the city was given by Mrs. Wood's son, William, but he could not recall to whom it was addressed. Gwen Scarff left the employ of Mrs. Woods some time during the early afternoon of June 8, and just before dawn that day Robert L«. Rickaby, a milk roundsman, told the court he had seen Gwen standing outside the house. A "White Diamond" taxi drove up and he saw the girl walk up to it. It was dark at the time and he was unable to see who was m the car. Tb,e car remained there for about five minutes and when it turned back he did not notice the number or the driver. The Crown placed a good deal of importance on this incident and sought to show that the driver of the taxi was none other than Boakes. In support of this allegation, evidence by the other "White Diamond" taxi-men avlio were on duty that morning was called, and all declared that

■they had not made any trip to Cashmere that morning. The "running" sheets of the men were put m and sworn to, and the only one that showed such a trip was the sheet put m by Boakes. But the accused himself m his alleged statements to the police, did not seek to deny that he had been to Cashmere. He c x p 1 a i ned that he had been out there, but not to see G'\\ r en Scarff. His story is that while on the stand m the Square early m the morning h c received a message from a man speaking at a slot 'phone asking him

.to call out to Cashmere and pick him up. Boakes declared that he did so and described his fare as a man about sft. 6in. or Bin. m height, wearing a cap and a brown overcoat. He said' he did not think he could identify his fare again. So much for the morning of June 8. The same day Gwen Scarff left her employment. That was on a Wednesday, exactly a week before the murder was committed. The same night at 11.30, according to the night porter of the Federal Hotel, Thomas Morton, a man and woman knocked on the door and, the man asked if the woman could have a room for the night. Morton told her to step inside, whereupon the man said good-night and told her he would return at 10 a.m. next day. The girl registered as "Miss Armstrong," m which name she remained at the hotel for several days. It was definitely established soon after the murder that "Miss Armstrong" and Gwen Scarff were one and the same. The morning following her arrival at the hotel, Gwen Scarff had her breakfast served m her bedroom, likewise her luncheon and dinner, and again breakfast on the Friday morning. But that she went out on the Thursday, June 9, seems reasonably certain for it was on the afternoon of that day that Mrs. Amelia Watts, who resides m Kilmore Street, experienced a strange chance-meeting with a girl now alleged to have been Miss Scarff. While she was sitting on the river bank near Cambridge Terrace, Mrs. Watts, so she told the court, noticed a young woman standing about as though waiting for someone. Presently she sat down on the seat beside Mrs. Watts and entered into conversation with her. She kept looking at her wristlet watch and some time round about three o'clock a "White Diamond" taxi drew up some distance away and the girl went over to it. Mrs. Watts told the magistrate that she did not notice the driver, but she noticed the number of the taxi, which was 22. The following day she again saw the same taxi and when she was asked who the driver was and whether she could recognise him again, Mrs. Watts expressed the opinion that the man at the wheel was Boakes. Before this strange chance meeting took place, however, some luggage of Miss Scarff's was delivered at the hotel, and a message was left by the man who brought it asking her "to meet her friend at the corner of Colombo and Manchester Streets." So it> was alleged by the Crown. On the following day, Friday, June 10, Mrs. Scarff called on. her daughter at the hotel m the afternoon and there was a tearful interview between the two. The mother did not remain more than a few minutes, and when she left Gwen Scarff turned to go upstah-s, but turned back and asked that a 'phone message be put through for hei\ Muriel Usher, the girl m the hotel office, said she put the call through

iiiiiiiiiiiiiiiHiiniiiiiiiiiiitiiiiiiiiiuiiiiiiiniiimiiiiiiiiiiniMimiiiiniiiiiii!iniiiih.to the "White Diamond" taxis and asked for Boakes. A man's voice answered at the other end, although she did not know if it was Boakes' voice or not. A few minutes later, said Miss Usher, a man called m response to the 'phone message and he was shown upstairs to Gwen Scarff's room. That man, said Miss Usher, was Boakes, who was attired m a muffler and a military overcoat. When he arrived he asked who it was who wished to see him, and he was told it was a lady. The day porter, John Connolly, showed Boakes up to the room and when the girl Scarff came to the door Boakes said: "Oh, it's you!" Connolly told the court. Boakes entered the room and remained, according to the porter, for about twenty minutes. On the afternoon of the following day (Saturday) John Harris Prisk, employed by the "White Diamond" Taxis, was engaged at the garage and noticed Gwen Scarff outside. She beckoned him over and m consequence of the conversation Prisk went m and called Boakes. Prisk told the court that Boakes went out to speak to the girl and on his return told him that the girl had left home and was staying at the Federal. Prisk could not remember under examination by the Crown Prosecutor whether Boakes had said anything to ( him about the girl having said she was going to the North Island, nor could he remember if the girl had said .so. . The best part of Sunday, June 12, Gwen Scarff spent at the home of a friend of hers, Mrs. Alice Parr, of Sydenham. She lunched with Mrs. Parr and returned to the hotel m time for tea. On the morning of Tuesday, June 14, Gwen Scarff settled her bill at the hotel, and a taxi-driver, Sydney Ernest

Neate, 'employed by the "White Diamond" Company, received a call from the Federal to pick up a fare. He did so, his passenger being a woman, whom he conveyed with her luggage to th c tram shelter i n the Square, where the woman alighted and deposited her gear. From that time little was seen or heard of Miss Scarff. She returned to the hotel, where she hdd left an at-tache-case and a parcel, but she vv a s last seen there early m the evening. From the evening of Tuesday until the following' afternoon,

when her body was found m the scruo off Lake Terrace Road, Burwood, she vanished completely. It was about 1.30 on the following afternoon that her body was" found by Eric Mugford, the fifteen-year-old boy, while driving his father's cows through the broom along Lake Terrace Road. Her head was terribly battered and when Dr. Beveridge Davis examined the body at the scene of the crime round about three o'clock she had apparently been dead a matter of six hours or so. The medical evidence given . at the hearing was of the utmost interest and raised the question as to whether the murder was actually committed on the Tuesday night. To begin with, Dr. Davis ex- | pressed the opinion that death had ' not been instantaneous and that the probabilities were that the murdered girl had lived for several hours after sustaining the injuries. Medical evidence was definite that death had occurred about six hours or thereabouts prior to the first examination of the body and the view expressed by Dr. Davis was backed by Dr. A. B. Pearson, who said that it was possible the girl might have lived from eight to twelve hours after receiving the injuries. "The fact of the blood being able to • get away from the wounds would leasen the chances of immediate death," said Dr. Pearson. So many sidelights — of the utmost importance m themselves, but at the same time not directly bearing on the actual crime of murder — were thrown on the case when heard by the magistrate that the main issue might easily become obscured. The hearing of the two chai'ges together somewhat complicated matters. There are circumstances, however, bearing on the minor charge which become intertwined with the capital charge and the evidence called by the Crown on the lesser count all went to support the allegation that Boakes had a great deal to do with Gwen Scarff and that he was vitally interested ' m her. , It thus becomes difficult to review the evidence on both charges under different heads. There was the evidence of King, the chemist, who said that the first time he was introduced to Boakes about five months ago file taxi-driver asked him if he could supply him with sgmething for a girl friend of his who was not very well. Pills, were supplied by King, but they were not successful, he said, and he was later approached by (Boakes for something else. Capsules were then supplied and when these also failed King supplied — on his own admission — a certain drug. These allegations, however, Boakes vehemently denied m his statements to the police. While he admitted having met King, he repudiated all suggestion of his having bought or procured at any time pills or medicine from him. Considerable evidence was called by the Crown bearing upon events subsequent to the murder. The finding of the blood-stained spanner on the afternoon of June 16 at the scene of the crime was described by j

David Davidson, who found the weapon m a gorse bush, and by Detective Eade, who took charge of it. Eade said he had taken the spanner to the flnger-print department m Wellington, but no finger-prints were found on the implement. Detective N. Laugeson described how he had taken the spanner to every foundry, factory and garage m Christchurch and how he had shown it to 1510 people, all of whom failed to identify it. Nor was Laugeson able to see another spanner exactly like the one produced. Evidence was also given to show that on the car Boakes used to drive were fitted A.C. sparking plugs, and, said the detective, the large end of the spanner exactly fitted them. This evidence did not get very far, however, for Lawyer Thomas strongly objected to some of it and wanted to know how Laugeson reached some of his conclusions. The detective said the spanner was a metric one and was marked twentyeight and a fraction over five-eighths at one end and twenty-two and over a fraction of one-half at the other. These showed the measurements m millimetres and the twenty-eight end, he opined, appeared to have been slightly enlarged, for the actual measurement was thirty millimetres — a rough fit for a 28-millimetre nut. Laugeson readily admitted to the bench that the A.C. sparking plugs were m fairly common use. House Searched "So that, if there were 1000 cars m Christchurch fitted with A.C. plugs, this spanner would fit them?" asked the magistrate. The detective admitted that it would. Laugeson also told of a search of Boakes' house, when a number of military buttons were found. The finding of a blood-stained military overcoat about a mile from the scene of the crime on June 25 was also deposed to, but on two coats produced m court none bore military buttons. During the six weeks following the crime until the day of his arrest Boakes continued at his work, and conversations he allegedly had with different men were, the subject of considerable evidence called by the Crown. Prisk had a conversation with him two days after the murder, when — ■ said Prisk — he asked Boakes what he thought of the murder. Boakes was alleged to have replied that it was an awful thing and he did not know who it was until Brisk told him it was Gwen Scarff. The same day George Lowis, who used to employ Boakes as a driver when he ran a bus service to Sumner, also had a conversation with Boakes, so he said m court. Lowis told the bench that the murder was discussed and , also Gwen Scarff's condition, but Boakes had said that the girl had never mentioned it to him or said who the father of the child was. About three weeks later Boakes was alleged to have had a conversation with another taxi-driver, Albert Moulin, regarding Gwen Scarff. According to Moulin, Boakes denied that he had been going out with the girl or that he knew anything of her condition. Boakes was alleged to have added to his remarks that it was another Charlie who used to take her out, but who this Charlie was Boakes did not tell Moulin. Moulin also said he had. seen the girl on the taxi-stand on one occasion, when she had brought some flowers, which she gave to Boakes. The other Charlie was mentioned again by Boakes at the detective office during an interview with Detective Bickerdike. Bickerdike told the court that Boakes had mentioned the other Charlie and said that he did not like dragging- other people into it, but his name was Charlie Keys, who worked m a coal yard m Colombo Street. Bickerdike asked him if he could give him any information that the other Charlie knew anything about the murder and the reply he said he received was: "It is your duty to find out and you know how to go about it." When he was first interrogated by Detectives J. B. Young and J. Thompson, Young left the room and what happened while he was away was described by Detective Thompson. "Boakes turned round to me and said: 'Have they found the thing that killed her?'" said TnAVmpson. "I told him, I did notvknow, as I was not engaged on that part of the inquiry. Boakes' Denial Detective Bickerdike also told the court that when Boakes was writing out a statement he stopped writing and said there had been a of a lot of talk about his "messing about with the girl," but that did not say he murdered her. Bickerdike also described a dramatic scene when Boakes asked to see King, the chemist's assistant, regarding his statement concerning the pills and medicine. When King entered the room and admitted to the detective • that he had sold the stuff to Boakes, the latter, said Bickerdike, jumped out of his chair and advanced towards King m a threatening manner. The detective had • to step between the pair, as he thought Boakes would' strike King. . The statements alleged to have been made by Boakes were read. In them he denied any improper relations with Gwen Scarff. at any time and denied also that he had her out m his taxi or any other car. The verdict of the coroner was that Gwen Scarff died from concussion and fracture of the skull and that her death was due to her having been murdered by some person. As magistrate, S.M. Mosley then committed Boakes for trial on the lesser charge and intimated that he would think over the question as to whether a prima facie case had been made out on the. capital charge overnight and would give his, decision next day. When the court resumed on Thursday afternoon the S.M. said he had come to the conclusion that the evidence raised more than a mere suspicion and that Boakes must stand his trial. He was then committed for trial on both charges.