Jurty Hears Murder Charge Agains Taxi-driver Boakes A DRAMATIC MOMENT IN COURT WHEN BICKERDIKE ENTERS BOX

NZ Truth, Issue 1147, 24 November 1927, Page 1

Jurty Hears Murder Charge Agains Taxi-driver Boakes

A DRAMATIC MOMENT IN COURT WHEN BICKERDIKE ENTERS BOX

"f AM > making this statement after being advised . .that I am liable to prosecution for perjury for 'the evidence given m the lower court." — Sidney Charles King. . . •

SIDNEY CHARLES KING

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STANDING erect and confident m the witness-box, a battery o£ incredu-

• lous faces turned upon him, Sidney Charles King, one of the principal witnesses for the Crown m the # Burwood murder > trial which commenced m Christchurch tin Monday, calmly but firmly admitted that, he was a perjurer who was liable to a term of imprisonment. • i Renouncing everything he had said on oath m the lower court as false evidence, King backed up his verbal admissions by a lengthy statement made to Lawyer M; J. Gresson a week or two back, the reading' of which created the criminal court sensation of the past decade. "•'"' v '' The document,, which" was read"" 1 * ' m court, was one of the most astounding statements ever penned m the legal history of this Dominion and bristled with the gravest allegations against the police that could be conceived.

King's Allegations

King 'claimed the best of, reasons for branding himself a liar and a perjurer. He . charged Detective-Sergeant James Bickerdike with the gravest of police offences— what actually amounted to the third degree — which he, avowed' had been employed at his expense* by Bickerdike m order to force a stateriient from him. concerning his association with Charles William Boakes, who stood hie. trial this week on a charge of murdering Ellen Gwendoline Scarff, at Burwopdi on June 15 last. ': It was, because, alleged King, of Bickerdike's threats, of prosecution if he refused to admit-fthat he had supplied a noxious drug to. Boakes and his bullying manner-that m. sheer desperation he had at last broken down and' agreed to sign ' anything. •. . . ■ , If true, ( 'King's allegations against Bickerdike — and, incidentally, police methods-r-constitute ,the, gravest indictment of the system' of crime de^ectiorl. 1 Crown Prosecutor A. T. Donnelly secured "the permission qf- the judge to regard King as a hostile witness, but it was left to leading counsel for the defence, Lawyer C. S. Thongs, and his junior counsel, Lawyer M. J. /Burns, to burst the bombshell on an incredulous court by reading King's statement, which is reproduced m full below. But m fairness to Detective- Sergeant Bickerdike; it has to be said that King made two' statements about the middle of July at the> detective office m his* own handwriting and he made them, (it was said by the Crown, voluntarily. ' AfteV^ making ■them, he called back at the detective office with samples of the drugs he 'was alleged to have supplied to -Boakes and* from the middle of July until August 30 — when seen by a detective about attending the court as a witness— he never saw a police officer nor did he think about renouncing his statement or complaining about the alleged third degree until early this hionth. "I know that I. aih liable to prosecution for perjury," concluded the remarkable and amazing statement made by King to Lawyer Gresson, "and my motive now is to put right the wrong that I have done." The King sensation lent an atmosphere to the trial which, 'for ' the time being, removed ' interest from Boakes, the central figure m , the case, to' the nervous-looking

little man, who stood the ordeal of cross-examination with stoical fortitude, and the tall figure of the. detective whom, he had denounced, / m such forcible terms. As fitting relief to the tense drama of the scene, the judge took a short adjournment when King at last left the witness-box. i Not since the celebrated Mouat trial m Christchurch some years ago has such a remarkable display of public interest been manifest m a criminal case as that which was staged on Monday when Boakes faced judge and jury m the Supreme Court on trial for his;life. The minor charge was held over. -■ Although the case did not commence until 10.15, crowds of spec- . tatprs .'began to assemble m the precincts of the court long before that hour. The first of them arrived before nine o'clock and like early-door patrons of a first-night theatrical show they clustered round the door leading to the public: gallery of the court, talking animatedly about the case and expressing a variety of views and opinions. As the minutes, went by, the waiting knot of sensation-seekers was added to by the continual arrival of more of their kind. f . At one stage there was a keen debate as; 'to when and how -Boakes would arrive, but with a few exceptions everybody ' seemed anxious and determined to. 1 retain front-place positions outside the door m order to avoid the risk of beirigshut. out altogether when the trial commenced. Meanwhile a crowd' had collected m the vicinity ; of the door leading to /the prisoners' room, anticipating the arrival and a close-up view of Boakes. 'But it was a" forlorn hope. The accused man had— as on former occasions — been smuggled quietly into court at ; an early hour and even as the crowd waited to see him he was comfortably ensconced inside the bunding. As the hour of the commencement of the trial drew near, the crowd round the court increased to large proportions and a number of police detailed

Memorable Scene

for the duty discreetly, moved about the precincts* keeping the spectators clear of the entrances to ' the used by counsel and officials. "

Shortly before the. court opened there was. a large throng of sen-sation-seekers pressing round the entrance to the public gallery, but Constables mounted on the step were there to see that there was no blind stampede when the i door opened. \

It was obvious that of the eager and excited pack -of .humanity awaiting! admission many were doomed to disappointment, as the public gallery was not nearly large enough to accommodate the numbers who sought entrance.

But hoping against hope, they stayed on; old men and youths, with here and there an elderly matron and sty-lishly-dressed flapper, although -women were not numerous m the ranks of the morbidly curious.

• At t last. A stir ran through the crowd as the heavy door opened to admit the public.

There was a surge from behind,, but with admonishing hands the constables prevented any scramble and' eagerly— ,

VERDICT OF NOT GUILTY

Important Groym Witness Renounces Former Evidence and Make! Startling Allegations That Me Was Bullied By Detective Into Making 1 ' : fe.-;-: ; -.'.;-^AflnMi58i^---

but m quite orderly fashion— the crowd filed m. , Ten minutes later every available seat m the public gallery was occupied and many there were who expressed disappointment when the constable at the door announced that no more could be admitted. Meanwhile, inside the court the scene was a memorable one. At the back -of the court common jurors and a small army of witnesses sat, those unable to find seats standing about m small groups talking m whispers. What with ' counsel— not .engaged, but interested m the case— police and other officials, there was not a vacant seat anywhere. ' ■';, ■ ,■. ' ; " Oblivious to - the tense • atmosphere,

Grown Prosecutor and counsel for de-, fence pored over their briefs, leaning comfortably over their tables.consulting the mass of documents heaped m front of thiem. Constables were stationed at every entrance and over the whole scene darted the sharp glance of the court crier. ' ,-' \ } \ ....-..■;'-'.■'• - ■ '■ ''■ The public gallery was a sea of eager faces. Necks were craned forward to see what was ' going on " m the body of the court and^ throughout the <■ spacious hall of justice 'reverberated the suppressed buzz of wliispered^conversation. Through the windows • set far aloft peiietrated. stray - gleams of sunshine bathing' trie "court m; a : soft; yellow gIOW. .; ■'.' ;■-.-. V.' , ' „-.-■• ■ ' ". .

Three minutes. now — two ' '.minutes before the judge eritered : the court. All eyes glanced at the clock perched high on the far wall. The air was electric with impending drama. At last it came. ' "Silence for his honor, the King's judge!" . . The; buzz of conversation ceased instantly, to be replaced by the clatter of * shuffling feet as every one m the crowded court rose m homage as his honor, . Mr; Justice' Adams, entered. ; With slow, dignified step the judge walked onto the bench, bowed and took his seat. £"; There was another stir and' shuffling of feet- as the assembled crowd sat ■clown again, and then, dead silence while the registrar, picked up a bundle of long white papers." ;' It Was the , indictment. Slipping \ the I silk ribbon from the bundle, he bpe'heid up the- papers, arid 'then, m a firm, clear voice which cut through the tense silence like a knife he spoke: "Put forward ■ Charles William Boakes." As the edict went < forth, all > eyes m the body of the court turned to the far door, through which the man who was to be placed on trial for his life would come, while many m the back seats of the public gallery performed wonderful contortions witn their necks and bodies m order to get a 'glimpse of Boakes as he entered the court. ; In, the silence that could be felt, it seemed an interminable period 1 from the time the registrar ordered the production of the accused at the bar until Boakes actually en- : tered the dock. ' ... "',.'-•■' But it was m .'reality .a matter of: seconds drily.- Tbe faint creak] df'.V.a ; door, a muttered voice of a warder arid then he came, a v' ; .'i :.-' It was i'np" hesitant, tread. -, Boakes, accompanied by - a v warder,' .walked briskly across the /floor of the, > court and 'entered the . dock With' an.- air of assurance. ...:.;- , v . . He was neatly groomed 'm a „,wellfittirig grey suit with Isoft collar and bow-tie; he' looked fit and well, although slightly pale. His face 'was a mask and betrayed no sign of his emotions. As he entered

Boakes In Dock

the dock,' he placed' his left hand lightly on the rail, his right hand resting on liis hip. .;■' I.

With direct and fearless glance, he cast his eyes flee tingly round the court, allowing his gaze to rest finally on his counsel. V ,

• Then, raising' his eyes again, he looked fully and squarely at the registrar.- who then read ,to:. him the v indictmenti .-.',- 7

"Prisoner at the bar, x you are

indicted for that you; did on June

15, 1927, at Burvyood, near Christchurch, murder one Ellen Gwendo-

line Isobel ScarnV How say yous are you guilty or not guilty?? N .-•.-'■ ■■ .->»»

There was no hesitation about Boakes' reply.

"Not guilty," he said m a•, firm, clear voice that reached every corner of the crowded court. :

,The empanelling of the jury then followed,! taking • some time, as. both the Crown and the defence freely exercised the right of challenge.

was -./a slight pause fallowing the formalities with the jury while the judge made a note m hjis book.

"Ye.s, Mr. Donnelly." .His honor looked up from the book and at his

"UE (the detective) said:' 'If *f you don't admit that you supplied • these things 'we'll have a more serious charge against you.' "—Sidney Charles King.

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invitation Crown Prosecutor Donnelly rose to outline the ease for the Crown. For one hour and 'twenty-five minutes he held the interest of a crowded court while, he skilfully— and with his customary scrupulous fairness— traced the history of the case. .•. . He .delivered his points with telling j effect, at the same .time emphasizing those m favor of Boakes with equal fervor.. ...:.: He created a sensation; when he announced 1 that, one .of the principal witnesses for the Crown, the chemist's , assistant, ' King, had , hacked down on the evidence he had given in '; the- lower court, K/»'ng alleging, that the 'statements he had made were, untriie. and^that^ he had been "bullied; or persuaded" into making the statement by De-tective-Sergeant Bickerdike. •. ■. This announcement- came as a bombshell ,arid Crown Prosecutor Don 6 nelly intimated that King would he

Ctwe for Crown

placed m the box to see what evidence! he would give. . The Crown, Prosecutor opened his address quietly, giving full effect to the value of each word. "This crime .was , a .particularly brutal one," he said at the , outset. "Miss Scarff was battered to death by a heavy motor spanner which inflicted terrible injuries' to her head. '.'-,, "The attack must have been a sudden one, for there were,, indications that she had moved after, the first blow was for a watch she was wearing on her wrist at the time was found toj be damaged and the hands showed that! it had stopped at 12.27, at which hour, the Crown submits, the murder tobk place. . : ~ "The/case for the Crown," Prosecutor ; Donnelly . continued, via briefly/ thjat. the relationship between Boakes and Miss Scarff was- such as to suggest strongly and, I submit, to preclude the possibility of anybody else being the murderer of the girl.". I He -further, submitted for 'the jury's consideration, that where motive was' concerned, Erbakes was the person who would have a motive for the j crime. "Now, gentlemen of ,'the jury," said the,. Crown Prosecutor, warming , to the task he had set himself- in making out the . Crown case, "as you know, this matter has attracted a great deal of public attention. . "Much has been said m the newspapers, 1 which have published a lot of facts which the CroWn, iin comrfton fairness to the accused, would not "air low to be placed before you. •• "I ask you, to remove from your minds any, impressions yoij may have farmed about thlk case through the wide publicity- it has been given. "That is • a -very important, matter indeed, ahd it is only a matter of common fairness to the. accused that he should be tried solely on the evidence. "The case for tHe Grown depends on circumstantial evidence; that is, there is no direct evidence connecting the accused with the crime. "There is, however, no mystery about circumstantial evidence. "In all everyday matters ' we make decisions m the absence of > direct evidence.

"fIRCUMSTANTIALi evidence varies *" infinitely m strength according to the variety, cogency and independence of circumstances. ' "I mignt say that such evidence is really a net -work of facts around an accused person. "This net-work may be the gossamer thread that might vanish if you touch it. "On the other hand, circumstantial . evidence ,- might be strong m. many parts, but at the same time have gaps that entitle an accused person to pass to safety m an acquittal. "On the other hand circumstantial evidence may be so strong as to give an accused person no chance to break through it and that, I submit is. the position m this case. "I put forward for your consideration three issues: "(1). To consider the relations of the accused and the .girl over a lengthy period. '•('A). To consider the movements of the girl from June 8 until June 15 and her relations with Boakes during that period; and "(3). To consider the conduct of the accused and his statements." Crown Prosecutor Donnelly then reviewed the history of Boakes' association with the girl Scarff over a period. "At the time of her death, he said, "she was about 20 years of age and was then m a certain condition and had been for a period of four and ahiilf months. "Boakes had worked for Owen Scarff's father a year or so ago and he also knew Gwen. "She had a child when she was 17 years old and m connection with that event m her life the girl's father accused Boakes of being the father. "The accused denied that he was the father of the girl's child, but when he had once been accused of such a thing one would think that he would take good care not to run the risk of being similarly charged a second, time. "3ut what Is the position? Subsequent events show that he continued his acquaintanceship with the' girl and had been seen .talking to her on the Sumner bus when he was driving It. "She had been seen also round the taxi-stand where Boakes had his taxi and everything pointed to a long and unbroken .association between theni." .

Christmas Party

Crown Proseoutor Donnelly paused and a pin could have been heard to drop m the crowded court. Then tapping the table m front of him, the Crown Proseoutor went on fluently and clearly to review the incidents m the alleged relationship between Gwen Scarff and Boakes. There was the .early association when Boakes worked for the girl's father some three years ago. Then came the paternal allegation of Boakes' responsibility as the suspected father of Gwen Scarff's child. He did not take a lesson from this and kept up his association with her. Reference was then made by Crown Prosecutor Donnelly to ah occasion when Gwen Scarff had been seen talking to Boakes on the bus whioh he drove to Sumner. Then again, there was a party of four which went for a drive last Christmas time. The party m question was made up of Gwen Scarff, Boakes, a man named Arps and another young woman named On the occasion of this Jaunt, said counsel. Boakes went off with the girl Capes, while Gwen Scarff stayed m the ear with Arps. Counsel then alluded to the evidence that would be given by Mrs. McClure, who was a fellow -worker with Gwen Scarff m Mrs. Wood's house at Cashmere. In March last Mrs. McClure knew that Gwen Scarff was taking pills. She had seen a parcel arrive for Gwen and was later shown a box of pills. Later, m May, Mrs. McClure, who was friendly with the girl, entered her bedroom one morning with a cup of tea and found Gwen violently ill, suffering from acute sickness to such an extent that she was groaning and frothing at the mouth. It was subsequent to this that Gwen was said to have written a letter to Boakes, addressing it to the taxistand m the city. Counsel also related how Miss Scarff accompanied Mrs. McClure to Christchurch Post Office Savings Bank, when she J drew £4 out of her account. After transacting this business, Gwen Scarff crossed the Square and Mrs. McClure saw a man come out from behind a taxi and engage the girl m conversation. They had' a fairly long conversation, but Mrs, MoClure was not

Detective Repudiates Allegations

"If King Says What He Has Done, He Is To Questions By Lawyer Thomas,

able to say that the man the girl was talking to was Boakes. Coming to the morning of June 8, when Gwen Scarff left the house of her employer, Mrs. Wood, , the Crown Prosecutor directed the jury's attention to the evidence of a milkman named Rickaby, who served morning milk m Cashmere. Rickaby's evidence was that, on the morning of June ,8 a White Diamond taxi, pulled up m McMillan Avenue near the Wood's house, about 6.30. He also saw the girl Scarff, but it was dark at the time and Rickaby could not see the driver of the taxi or the number of it.. ' ; The car remained outside the house for a while and then it turned round and' went" back m the direction of the city. Then, on the night of June 8, the girl Scarff, accompanied by a man, booked up at the Federal Hotel, the man leaving after seeing her admitted. The male escort was not identified as the accused by the porter at the hotel. On June ' 9 Gwen Scarff met on the river bank a Mrs. Watts, with whom she had a conversation, and she left Mrs. Watts to enter a White Diamond taxi, which , was allegedly driven x by Boakes.

Visit To Hotel

On Friday, June 10, Boakes called at the Federal Hotel m response to a telephone- messuge and was shown up 10 Gwen Scarff's room on arrival, where he remained for a matter of some 20 minutes. That meeting, said Crown Prosecutor Donnelly, followed an interview .m the hotel vestibule between the girl • and Mrs. Scarff, which, though of short duration, was a painful meeting, the girl being m tears. There was a further meeting between Boakes and the girl on Saturday, June 11, when Boakes. was called out of the garage, by a fellow-employee to see Gwen Scarff, who was waiting outside. ' That was the last time he saw her or spoke to her so far as the evidence could show them. "The case for the Crown is just this," said Crown Prosecutor Donnelly. 'It is submitted that the whole relationship of Boakes and the girl was so close that the accused himself took her belongings away from Mrs. Wood's house on the morning of June 8, when he was seen by the milkman; that it was he who was responsible for her condition and that it was he who took her to the Federal Hotel on the same night she left her employer's house at Cashmere. "Boakes knew Gwen Scarff from childhood, as his own statement shows; he was a married man and I submit for your consideration that the relationship between them was so long, so continuous and so unbroken, and, further, is so exclusive of any other man having had any relationship with her that the only reasonable inference Is that he must have been the man who killed her. "In spite of the most exhaustive • rasaaroh by the police, no other relationship with another man has been discovered, and In view of the whole of the faots of the case ' what other man is there who had such a motive for a crime of this sort? "If you And that the evidence does not satisfy you, what you have to infer Is that after a long relationship with this girl Boakes last sees her on June 11 outside the garage and from that date dropped her; knew nothing about her after that date and that by some means and m some way Gwen Scarff got down to Burwood and was there murdered by some osher man who never left any trace — a footprint or anything else. "I now come to an aspect of the case which is a difficult one. 'In the lower court a chemist's assistant named King gave evidence that he knew accused and. that he had sold him pills for the purpose of

Chemist's Samples

bringing about a certain result when given to ft woman. "The pills were ineffective and King had said that he had supplied a drug to Boakes. "This witness gave to the police samples of the pills and the other thing he had supplied to Boakes. "He gave his evidence m the lower court freely and frankly, as the other witnesses had done. "However, within the last week, this witness, King, went to his solicitor and he has now gone completely back on the evidence he gave before the magistrate. "King's solicitor has handed to me the statement which King now makes. "He says now that the whole of the evidence he gave m the lower court is not true; he says he never sold the stuff to Boakes, and adds that the only time he met Boakes was when he had a drink with him on one occasion. "The reason King gives why he gave false evidence m the lower court is that he says he was bullied or persuaded by Detective -Sergeant Bickerdike into doing so. "However, I shall call this witness, King, before you to-day and

we shall have to wait and see what he has got to say. "it is to-be. presumed that he will stick to his latest statement. "You will see King and m considering what he has to say you have to bear m mmd — you must consider — the police practice when getting statements from people m the course of their investigation into crime. "The police m the course of their duties have to interview people. "Their practice is this. When engaged on an inquiry, a detective goes round and sees an individual and takes a note of what that person says. "The detective gets the person to sign his statement supplied by the person himself. "That was what happened ln this case. King's statement was taken m the ordinary way of inquiry. King went round to the police station, saw Bickerdike and wrote out in" his own handwriting the- statement given m the lower court. "He came back later with samples of the things he said he had supplied to Boakes. "However, you will have to go by the evidence King will give here." Crown Prosecutor Donnelly conceded that there was no direct evidence to connect Boakes with the spanner or the military overcoat, but it was for the jury to weigh the whole of the evidence that would be placed before them. After lengthy references to the statements Boakes had made, the Crown Prosecutor dwelt further upon the' lengthy and almost continuous association of Boakes with Gwen Scarff over a long period, and m conclusion reminded them that if there was any doubt m their minds about it Boakes was entitled to the full benefit of the doubt. He also pointed out to the jury that any denials Boakes had made to direct questions m his statement, he had to be given the full benefit of those denials according to law. "That is the case which the Crown will lay before you; gentlemen, and I regret that I have taken up so much time m presenting the facts to you." The first witness was then called. She was |the mother of the dead girl, Ellen Scarffi attired ln deep mourning and presenting a pathetic figure of sorrow. As she entered the box, all eyes were turned m her direction, but it was little that she had to tell the court. She briefly described her meeting with Gwen at the Federal- Hotel on the afternoon of June 10, when she had a short conversation' with her. "The girl was crying duHng the interview," added Mrs. Scarff. "No questions," said Lawyer Thomas.

Mrs. Scarff was succeeded m the box by her husband, Walter William Scarff, a carrier, residing at 11, Thorrlngton Street, Cashmere.

Father's Evidence

Scarff's tenure of the box was also very short. He last saw his daughter alive, he said, on June 4, when she appeared quite well and m bright spirits. He knew Boakes, who had worked for him some considerable time ago, and the night before the murder he said he had attended- a meeting of the Veterans* Association. That was all the court wanted to know from the distressed parents, who bore up bravely under the ordeal they were called upon to bear. As Jessie Glen Ross McClure, mar- i ried, employed as a domestic, entered | the box, there was a ripple of Interest. Stylishly dressed m a light colored costume, with a black fur stole and a hat of mauve straw, she was perfectly at ease as she began her story. "I knew Gwen Scarff," she said to Crown Prosecutor Donnelly. "She was employed m Mrs. Wood's house with me. "In March last a parcel came to the house for Miss Scarff and I later saw a little black box ' containing dark colored pills. Crown Prosecutor: Was she taking these pills? — She was. Did you see her take any of the pills?— l did. And what effect had they on her? — They made her sick. Now, on May 12 last, yeu accompanied Miss Scarff to town and went with her to the Post Office Savings , Bank?— Yes. Did she draw any money out of the bank? — Yes, she withdrew £4. What did she do after she left the ! Post Office? — She walked over towards Warner's Hotel m the Square and went behind a taxi-cab. Did you see her talking to anybody? — Yes, she was joined by a man and they stood talking together. Did you recognise the man? Did you know him? — No. | Can you describe him?— He was clean-shaven and tall. Now, do you remember a night m 1 May, after the day of the Post Office [ visit, when Miss Scarff went out with I nn overcoat over her working dress? — ; Yes. How long was she absent from the house? — For about an hour. Did she have anything ' about her when she returned? — Yes: she had a 1 small bottle containing a fluid, ruddy--1 brown m color. Did she take any of the contents ot the bottle that night?— No. . In reply to further questions, Mrs. McClure. told of Gwen Scarff's illness. Oh the morning of May 19, Mrs. McClure said: she entered Gwen's room early, bearing a cup of tea. a Miss Scarff was lying on the bed very 111 and was foaming at the mouth. Crown Proseoutor Donnelly: Now, later on, Miss Soarff wrote a ' letter, did she not?— She did. Did you see the letter addressed?— I did. To whom was it addressed? — Mr. Charlie Boakes, Grand Taxi-stand, Christchurch. What was done with that letter?— It was placed on a brass tray where letters for posting were placed. Mrs. McClure went on to relate how — on the morning of June 8, the day Miss Scarff left the Wood's house — she found the girl up and dressed at six-thirty, an unusual hour for her. That day was Miss- Scarff's halfholiday and she left the house at 1.30 p.m. That was the last she saw of the girl. -' Mrs. McClure said she ! entered Miss Scarff's bedroom on the morning of June 9 and made the discovery that she had been home the previous night. "Nb questions/* said Lawyer Thomas.

Corroborative evidence as to Gwen Scarff's illness and her departure from the house was given by her former employer, Mrs. D. Wood, of McMillan Avenue, Cashmere. Mrs. Wood said she had taken telephone messages m a man's voice when Gwen Scarff was m her service. "No questions," said Lawyer Thomas. William Derisely Wood, son of Mrs. Wood, said he remembered posting a letter m May last for Miss Scarff, who handed it to him m the hall. He did not remember the addressee, but the letter was addressed to some garage m the city. What happened outside the Wood's house early on the morning of June 8 was described by Robert Lambert Rickaby, a milk roundsman, who said he saw Gwen Scarff that morning. She walked with him down 'to the gate. As they reached the gate, he saw a White Diamond taxi outside. Rickaby walked across m front of it, but Miss Scarff walked ■ towards it. He saw the car leave about five minutes later, but did not notice the driver or the number. When the name of Sidney Charles King was' called there was no inkling of the sensation his appearance m the box would cause. King, a chemist's assistant, said he met Boakes about twelve months ago, when he was introduced to him by another taxi-driver named Brown. The three of them had a drink at the Masonic Hotel. King saw Boakes on later occasions, when he would simply pass the time of day.

Crown Proseoutor Donnelly: Now, you remember giving evidence m the lower court? — Yes. Crown Prosecutor (consulting a document): Now I must put it straight to King. Is this (waving King's latest statement) the state* ment you signed m Mr. Gresson's office the. other day? — Yes, A tense silence awaited the next question. At last it came. And which is correct; the evidence you gave m the lower court or the statement you made to Mr. Gresson? — The statement I made to Mr. Gresson. "Then why did you give false evidence m the lower court?" King paused for a moment or two and then answered m a firm voice. "I did, so," he said, his words clipping the tense silence, "because I was bullied into it by DetectiveSergeant Bickerdike." As this dramatic utterance fell from his lips, King gazed challenglngly across at the Crown Prosecutor, who handed m the statement without reading it. "I hand it m, your honor, and on the strength of the

document I desire

to treat this wit-

ness as hostile,

His Honor: "The statement, you say,

contains statements — — — - which are different to those he gave m the lower court?" Crown Prosecutor Donnelly: "That is so, your honor." His Honor: "Oh, well, you will be quite entitled to treat the witness as hostile." "I don't propose to read the statement, your honor." Crown Prosecutor Donnelly then embarked on a rigorous examination of King. - It was an ordeal which would have tested the nerve of the strongest, but King stuck to his guns. Crown Prosecutor Donnelly: Where did you get the information contained m your first statement? — The detec-tive-sergeant, Mr. Bickerdike, made me write it. How did he make you write it? — He threatened me that they had another charge against me. Did he say what that charge was?-^ No. i Now, the following day, you brought back samples of the drug you had supplied (allegedly) to Boakes? — Yes. Bickerdike told me to bring: them. If you did not- supply these things, why did you not tell your employer, Mr. J. A. Coltart?— Bickerdike told me not to and to refer Coltart to him if he wanted to know anything. You know that you .did grave

Hostile Witness

Of Third Degree Police Methods

Detective-Sergeant J. Bickerdike

A Liar," Declares Bickerdike In Reply Leading Counsel For Defence

wrong In giving false evidence In the lower court? — I do now. Lawyer Thomas then took up the interrogation. King declared that he had, been bullied so much that his nerve went. He had decided to make the statement he did to Solicitor Gresson after talking to a friend of his named Miller. Lawyer Thomas (picking up King's momentous statement): "Now, Mr. King, I am going to read this statement over to you; I want you to pull me up if m any place it is not correct." ..'.■•■,•'•■'■ Counsel then read the astounding document, the full text of which was as follows: "On Monday, July 17, I think Detective Bickerdike came to the shop. He asked if Mr. Coltart was m. "I said he was not m. He asked when he would be m and said he would call back to see him. "He went away and came back m about a quarter of an hour. Mr. Goltart was m. "Mr. Coltart called me and Hald; 'This gentleman wants to see you.' *"I went into the shop and Bickerdike asked if my name was King. I said 'yes.' "He said: 'I want you to come with me for a little while.' We then went to the police station. "On the way Bickerdike asked me. if I knew who he was. I said: 'No.' "He said he was Detective Sergeant Bickerdike and that he was conducting .inquiries regarding the Burwood murder. "He asked me how long- 1 had been

m the profession and whether Z was qualified or not. . - - "I told him I had been m the profession about six or seven years and was not qualified. "We then . got to the station and he said: 'Come upstairs.' It was between 2.80 and a quarter to three. "Bickerdike and myself were the only people m the room. He asked me if I knew any taxi-drivers m the' Square. I said:, 'Yes.' x "He then asked which ones I knew. I told him I knew Halligan, Brown and Boakes. "He then said: 'There is only one man I wish to question you about and he is Boakes.' "He then asked me how long I had known Boakes. I said about 12 months. I said he had been introduced to me by Brown. "He said: 'Three or four months ago you were m the Masonic ''Hotel with Brown . and Boakes one; Saturday afternoon.' I said: 'Yes/ "He then asked what conversation we had while we were there.: I said I did not remember.

"He • then said: 'Did Boakes ask you if you could do anything for him, as he ." had- a girl m trouble?" I said: 'No.' " ■■'•' ■'

"He said: 'You did agree, to do somer thing for him. We have other evidence from the hotel that you did.* I denied it again. "He said: 'It's no use denying it,' and he kept on at me a long time. "He told me all my history and where I had v come from. He said he had no wish to get me into trouble and that 'l had a good reputation for my work and that he was there to help me. I didn't say anything .to that. "He then asked me if I had at any time supplied Boakes with any pills. I said: 'No.' "v "He said: If. you did don't try to cover^ it up and keep it to yourself.' I said: 'I didn't.' ../•' "He said: 'You understand I would not be calling round to see you unless I had something to go on.' . "He said: i .-*We know Boakes got the pills from you.' I said he didn't get pills, from. me. "He said: 'You . have certain pills round there.' I said: 'Yes.' "He said: 'Two boxes of pills and a small bottle of. liquid have been f ouhd m the 'girl's belongings.' "He then asked me. if Boakes had obtained any pills from me. I said: 'No.' "He said: AWe know that you did supply them and for your own sake you should admit it.' I said: 1 hadn't supplied either of them,'

"He kept at me, saying that I had supplied them and that I knew I had supplied them.' I could only keep on. denying It. ' "He kept at me all the time and put the wind up me at the finish. "He said: If you don't admit that you supplied these things we'll have a more serious charge against you.' He -did not say what the charge was. "He told me that Brown and Boakes had put their heads together to get the pills from me and were now trying to shift it on to me. "He said: Tou see how unscrupulous they are.' He suggested that Boakes got introduced to me for that purpose. "He said he wouldn't believe that I hadn't sold them. He said: 'If you don't admit it you'll see that I've got something else up my sleeve and you'll be m a serious position.' "He said: 'If you do admit it you've nothing to worry about.' "He finally said: 'You might as - well admit it and be finished with it' and I said- 'Yes.' "I said 'Yes' because he had frightened me so that my nerve was all gone. I was so bad that I had to go down to the chief detective's office and sit m front of the fire for half an hour. "I had been shivering all over for about half an hour and Bickerdike suggested I should go and warm myself. "The statement that I sold the pills to Boakes was untrue and I make this statement now knowing that I have swocn an untrue statement m the lower court. "After I went up to the room again Bickerdike said that Boakes had obtained a bottle of liquid from me. "I denied that, but I wasn't feel- " ing much better and eventually I said: 'Yes' to that. \ "Bickerdike said: 'How do you wrap up your bottles?' I told him that we didn't use sealing-wax, but used string, tying the bottles round the neck. "He then • said: 'The bottle which -was found m the girl's belongings was wrapped, up and tied m such a manner.' "He then said: 'This bottle contained a certain drug, did it v not?' This was referring to the bottle which Boakes was supposed to have got. "They produced an unlabelled bottle, which I recognized as the drug. "Detective Walsh had come m by then and Bickerdike went right through it all again. "This time I admitted everything as they went along. Bickerdike suggested making a statement. They dictated it and I wrote it out. , "When finished they read it through and I signed it. They said I was to keep quiet and not say anything to Mr. Coltart or anyone. If he said anything to refer him to Bicker* dike. "They said I could go then. I had

Dramatic Meeting

been at the station from a quarter to three till a quarter past five. / "I was very much worried at the time and never slept that night or the night after. 'T resided with two old ladies about 70 and there was no one I could confide m. "On the morning Boakes was arrested Bickerdike sent a car up for me and I went to the station. "He said: 'We've got Boakes upstairs and he has asked to see you.' "I went upstairs ■ and Bickerdike shut the door. Boakes was sitting on a chair. "Bickerdike said: 'Do you know this man?' I said: 'Yes, he is Boakes.' "Bickerdike said: 'This is the man you supplied the pills and drug to?' I said: 'Yes.' "Boakes jumped up and said: : 'That is a lie!' Bickerdike turned to me and told me to. go downstairs. I felt pretty bad when confronted with Boakes, but I couldn't see any way out of it, as Bickerdike had always told me to stiok to my story and say nothing to anyone. "Until the trial I never said a word to anyone about the oase. "At the trial I gave evidence m accordance with my statement. "After the trial a few days I was talking to a friend of mine called Miller. . . "He said: 'You're a silly ass! You should have sat tight and said nothing.' "I said: 'If you'd been round at the station all the afternoon you'd have done the s^ime as I did.' "I said Bickerdike had told me that if I didn't make a statement they had something else to bring against me. "I saw Miller again some (time later. He started talking about it again. "I told him the whole position and that . I had not sold anything to the man. "He said the best thing to do was to see Mr. Thomas and have a talk to him. "I didn't see Mr. Thomas until Wednesday, November 2, because I had m the meantime gone back to Timaru to my family. "I told my mother one night last week that my statement was not true. , "I am making this statement after having been advised by Mr. Gresson that I am liable to a prosecution for perjury for the evidence given In the lower court and my motive Is a wish to put right the wrong that I have done." j After reading the document, counsel allowed it to slip idly from his fingers to the table. • "Now, Mr. King," asked Lawyer Thomas, "ls that statement true?" The atmosphere of the court was electric. Then like pistol-shots the words came. "Yes, it Is true." Lawyer Thomas: And you realize you are running the risk of a term ln gaol?— I do. .'...'. Counsel sat down m a silence that could be felt. It was the judge who spoke next. "We will adjourn for 15 minutes said his honor and the court rose. On the court resuming after the adjournment following the King sensation, proceedings had resumed a normal atmosphere. Evidence was then called bearing upon Gwen Scarff's stay at the Federal Hotel, where she had registered under the assumed name of Armstrong. Thomas Morton, night porter at the hotel, told the court of the arrival of a man and woman late on the night of June 8,

At about eleven -thirty, said Morton, he was summoned to the front door and on opening it he saw a man and woman standing on the threshold. The woman entered the hotel, but the man remained outside. She booked up m the name of Armstrong. Asked if he could describe the man, Morton said he . waa wearing a dark coat, but he could not say positively that the man was Boakes. Dr. A. B. Pearson, pathologist at the Christchurch Hospital, then entered the box and gave detailed evidence as to the injuries sustained by the dead girl. He first examined her shortly after five o'clock on the afternoon of the murder and it was his opinion that she had. been dead from six to eight hours. She might even have lived for twelve 'hours after the wounds were inflicted. Death was due to concussion associated with haemorrhage and fracture of the skull, but m Dr. Pearson's opinion the exposure of the brain would not cause immediate death. At the time of her death Gwen Scarff was m a certain condition and had been for four and a-half months. Questioned as to what might have caused the injuries, the doctor said they could have" been inflicted by an m

Stained Spanner

strument such as the spanner (produced). Dr. Pearson also deposed to the stains on the. spanner and the military overcoat, which had been definitely established as* human bloodstains. A strange chance meeting with a young woman said to have been Gwen Scarff on the, banks of the river Avon on the afternoon of June 9 was related by Mrs. Amelia Watts, of Kilmore Street. Mrs. Watts told the court that she spoke to a young woman who was standing about. After some conversation the girl looked at her watch. This would be about two-fifty and shortly afterwards a White Diamond taxi drove up and the girl went over to it and went away m the car. ■ * •.. The following day Mrs. Watts said that she again saw the car and recognized it by the number 22.---•On the second occasion she identified the driver, who, she now declared, was Boakes. Further light on Gwen Scarff's movements at the Federal Hotel was thrown by Muriell Ussher, who was employed m the office of the hotel. Miss Ussher said she was m the office when Miss Scarff's luggage was brought into the hotel by a taxi-driver on the morning of June 9.. "I was asked to tell Miss Armstrong to meet 'her friend at two-thirty that day at the corner of Oxford Terrace and some other street. Miss Ussher then told the story of Gwen Scarft? asking her to ring up the White Diamond Garage with a request to ask for Boakes. That was on the Friday. The day after Miss Ussher said she rang up as requested and a man's voice answered, but she was unable to say whose voice it was. The same afternoon a man called round to the hotel and he was wearing a -military overcoat which was rather tight-fitting, reaching to the knee with a belt across the back. Boakes was shown up to Gwen Scarff's room by the porter. On June 14 Miss Ussher, at about ten,- fifteen m the morning rang for a White Diamond y taxi for Miss Scarff, who took away her luggage. - She next saw the girl about two o'clock the same day. Asked if she saw Boakes subsequently, witness said she had seen him some time, about the middle of July, when he was wearing a military overcoat, but it was a much fuller one than he was wearing when he; called at the hotel and reached well, below the knee. Lawyer Thomas then commenced to cross-examine. '

On Private Wire

Counsel; The Federal Is a large hotel with probably more lodging accommodation than any other . hotel m Christchurch — probably about 150 boarders?— Yes. The taxi business is sufficient from there for you to have a private wire to the Diamond office? — Yes. It is a busy hotel and taxis are round there all day? — Yes. The office is m the passage-way? — Yes. When the man came for the luggage did he have leggings on? — I can't say. You went round several times with two detective's to identify- him? — Yes. They sent you up to speak to him? —Yes. And you are unable to say whether it was Boakes or not? — Yes. , They were Detective- Sergeant Bickerdike and Detective Walsh? — Yes. Conversations he had 'held with Boakes before and subsequent to the murder were recounted m the box by John Prlsk, a garage hand, employed by the White Diamond taxis. Prisk said he had known Gwen Scarff by sight. He saw her m Gloucester Street between 4 and 4.30 p.m. on June 11. . Boakes had just driven into the garage and witness told him ' that Gwen Scarff was outside.

niiiiiiHiuiiiiiuiiimiiiminiiiitmiiiiiiMiiimumiiauimiHtwflranamiusaan Boakes told witness that Mlm Soarff had left home and was staying at the Federal Hotel. He had asked how she managed to stay there and she said it was all right. On June 16 Prisk asked Boakei what he. thought of the Burwood mystery and Boakes replied that It was an awful thing. „ He asked him if he knew who ..it was. Boakes said: "No." Who is it?" "I replied: 'Somebody you know and somebody I know.' "With that Boakes was called away on a, job. Later,- when he cam© bade, he asked me who it was and I replied chat it was Gwen Scarff. "Boakes said: 'Go onl How did they find out?'" Mrs. Alice Parr, storekeeper, Colombo Street, Beckenham, said' that Gwen Scarff visitted her on June 12. ' It was Sydney Ernest Neate, a White Diamond taxi-driver, who took Gwen Scarff away from the Federal Hotel m response to the telephone message on June 14. Neate told the court that he proceeded to the hotel and took a lady and two suitcases to the' tramwayshelter m the Square. On June 17, two days after the murder, he proceeded with a da* tective to the shelter, when tho suitcases were recovered. Lawyer Thomas then put a few questions to Neate. 'Counsel: Is it not a fact that you told the police that on June 14 you saw Gwen Scarff meet a man In front of the federal Hotel at 2 p.m.? — Tea. Was that man Boakes? — No. What wag his height? — About your stamp. , '/.. About my. stamp, but not so goodlooking, eh?:^-Yes. (laughter). On. the following day you went to the . B ottje Lake , Hospital ? — Yes. You were near what you knew later was the scene of the murder? — Yee, Did you see anything? — Yes. I saw a man cross the road about 400 to. 500 yards from the soene of the murder. This, was about two hours after the discovery? — Yes. 1 Did the man simply walk out of the broom?— No, he hesitated and walked into the broom on the other side of the road. He was m his shirt sleeves. And it was mid- winter? — Yes. How did that man tally with the man near the federal Hotel? — He wae' heavier.

Scene of Murder

It's not the sort of plaoe where men walk for pleasure? — No. In any event, it wasn't Boakes?— No. Have you never said to anyone that you thought it was the same man?— No. ' -• . That would be some hundreds of yards froni the scene of the murder? — Yes. To Crown Prosecutor Donnelly: He had seen Mr. Thomas since the first hearing and he had been asked, some questions. ., At this stage the court adjourned antil Tuesday. When the court resumed- on Tuesday there was a packed gallery of spectators. The sensational development of the previous day, lent an added interest to the case, -and the crowds seeking ' admission to the oourt were greater than on Monday. At the close of the flrst day's hearing the Crown Proseoutor intimated that it was hoped to conclude the Crown case on Tuesday. Tha inadmissibility of muoh of , the evidence tendered m the lower court tended to shorten the proceedings, and the comparatively light cross-examination of witnesses on Monday expedited matters considerably, When Boakes entered the dook on Tuesday he looked as cool and collected as on the previous day. He stood m an easy attitude and listened closely to the evidence throughout. Permission was given him to be seated arid from his seat m the corner v of the dock he kept his eyes fixed ' steadfastly on the witness*box. The first witness called on Tuesday was Thomas George Lewis, proprietor of the Pederal Hotel. He said that between 12.30 and one o'clock'on June 14 Gwen Scarff paid her bill and the next day he identified her body at the morgue. "No questions," said Lawyer Thomas. Leslie James Arps,. taxi-driver, said . he knew Miss Scarff, to whom he was jn+rorlii^ed by Boakes about Christmas last year. - On ihat occasion, Boakes, Miss Scarff, Arps and a girl called Capes went to Dallington ln a car and on anlval there the party separated. "Three months ago," said Arps, '1 was on the Grand taxi-stand and I have seen Miss Scarff there looking for Charlie.

"AN the night of June U, the night before the rhurder, I saw Gweri at the taxl-starid. At Six o'clock she walked away towards the tram shelter. "At that time Boakes was not drt the stand/'.

L&wyer Thomas: Where did you' £6 on the occasion of the party jaunt before" Christmas?— To Dallington. A fairly big' place? Did foil sep' ardte when you gdt there 7-^Yes. The finding fcf the body was described hy Effd MugTbrd; a fifteen* year- old tidy, whd lives Ifl Lake Terrace 1 Road, Burwood* Who is the, mystery , riiftri whom Mugford swore he saw kh'eeiirig at the head of the body m .the s'tirjib when the" lad burst m on the scene of the crihie while driving feig father's cows'? There was & mild sensation wheti Lawyer. Thomas elicited iti cross"ex&ihination that Mugfor*d had disturbed the,murderer, but the lad said that the man he saw— who had his hack to him— Was not Hfce Bedkes m build. t .-■ , Lawyer THOmasT Did you tell Ihe .Rev. C. A. Tobln more thafi

ydu have told the court? Was

there— l Want td put it plarrtly-^---sdmebody else at the scene when you came upon the body?— Yes, a t man Was kneeling at the head. And you told Mi*. Toblhf— Yes. "What was trft man doing?"

Tliere was a pause before Mugford replied. "He was kneeling- at the Wdftian's head," came the firm reply. And you told Mr. Tobin that this m&« had his brick turned towards you? —Yes. :■-■

< At no time did that man turn round and fade ydti?-^N"d.

Nd.W* ft WAS frripdsslbfe fdr you to recognize the man beOaUSS you did not see. his face?— Yes, I could nftt roOdflrtlie him. Stit ydti Sfty he was smaller thark Boakss?-^Yes; N6w» at the Spot Where this man