A BROTHERS’ QUARREL

Otago Daily Times, Issue 21830, 17 December 1932, Page 7

A BROTHERS’ QUARREL

MURDER CHARGE HEARD TRAGEDY IN MILKING SHED (Per United Press Association.) LEVIN, December 16. The preliminary hearing of the charge of the murder of ’his brother, John Spencer Easton, at Whirokino on November 22, preferred against Allen Roy Easton, began before Mr J. L. Stout, S.M., in the Levin Court this morning. C. M. Wheeler, civil engineer, produced the plans of the cowshed and surroundings of the scene of the tragedy. Senior Sergeant Dinnie said that he could find no fingerprints on the gun picked up about 100 yards from the cowshed. Richard Allen Easton, father of the deceased, said the accused would be 17 in May. On the day of the tragedy he and his sons had milked 21 cows when Roy said to Jack that he had better milk another before starting to separate. Jack said witness and Roy could finish in plenty of time, but the latter repeated his remark, whereupon Jack got in another cow. While the deceased was out of the bail Roy said something to Jack which witness did not hear, but Jack immediately got up, went into Roy’s bail, and shook his brother by the shoulder. Witness intervened, and Jack went on milking. Roy finished his cow, emptied the milk, and went away. He looked as if he was crying, and was thoroughly upset. Witness saw Roy going through the fence towards the house. Witness and Jack continued milking for six or seven minutes, and then came the report of a gun. Jack got up, walked over to the yard fence with his hands to his chest. He said, “Dad, you had better get a doctor— I’m hurt.” Witness ran to a neighbour’s to telephone for the doctor, and when he got back Jack was dead. When he first went across the yard to Jack witness saw Roy running away. He looked back, and could have seen Jack, but whether he did so or not witness could not - say. ' Later, witness picked up a cartridge case about six feet from the cowyard fence. Continuing his ’evidence, witness said there were two guns and two rifles in the house, but there was only one shotgun cartridge, left. Roy ’(lid not come home that night. Next afternoon witness saw him near the WTiirokina Bridge. He told him to come home. After walking along a little way Roy said: “How is Jack?” Witness told him he was dead. The gun found near the bails had been recently repaired, and about 50 cartridges had been since fired. Witness fired three of these, and one misfired. Dr S. J. Thompson detailed the condition of the wounds as observed at the post mortem. Sidney Tisdall, arms expert, said that from marks on the post in,the cow bail it was evident that the shot had been fired from between the top and second rail in the cowyard fence, at a distance of about 10 yards. The police evidence was to the effect that the accused made no reply when charged with the murder. When, being taken to Wellington he remarked to the escorting constable: “The detective is an old fool. He thinks I killed my brother, but I didn’t mean to hurt him.”

The accused, who pleaded not guilty, reserved his defence, and was committed for trial at the Palmerston • North Supreme Court sittings in February.