CHARGE OF MURDER

Otago Daily Times, Issue 22066, 23 September 1933, Page 12

CHARGE OF MURDER

WELLINGTON FLAT TRAGEDY MEDICAL EVIDENCE TENDERED (Per United Press Association.) WELLINGTON, September 22. The lower court hearing of the charge against George Edward James, aged 57, of murdering Mrs Cecilia Smith on June 30 was resumed to-day before Mr E. Page, S.M. Dr Nissen, house surgeon at the hospital, said the accused, when admitted about 2 p.m. on June 30, was conscious, but did not volunteer any answers to questions. Witness did not detect any sign of alcohol on his breath. With the exception of a few small cuts on his arms he did not show signs of violence. At about 7 p.m. witness again examined him. Witness asked about his previous condition, and James said he had been worried during the last three weeks, and had been suffering from pains over the front of his chest. He said he had had a return of malaria about two weeks previously. Witness said he told James he had been found in the harbour, but James said he did not recollect how ho came to be there. The last he remembered was when he was in Larapton quay in the morning, and had two or three drinks. Witness said the accused subsequently developed mild bronchitis, and was kept in hospital till the chest condition cleared up, being discharged on July 21 in the custody of the police. To numerous questions regarding the accused’s health and demeanour in hospital, witness said there was no striking deviation from normal. He appeared normal in bodily health and mind. He examined the accused before the police interview of July 2, and the accused’s mind was clear, and he was in a fit state to make a statement.

Dr Lynch, pathologist at the hospital, gave particulars of the deceased woman’s injuries, and said he was of opinion that they could have been caused by the knife produced. The wounds on the hands could have been caused by grabbing a knife, and having it withdrawnfrom the 'grasp. Death was due to haemorrhage from wounds in the throat. The internal appearances of the dead boy’s body were typical of death by drowning. The wounds on the woman’s hands and throat could not have been self-inflicted. Pansy May Rouse said that the accused was her foster father. The wife of the accused, who was witness’s foster mother, died on January 20, 1933. Witness was the sole beneficiary under the will and that caused a little trouble between witness and the accused. About the beginning of May the accused made reference to a Mrs Smith and said they hoped to get married soon. The letter which was found on the wharf was in the accused’s handwriting, and was addressed to witness. Witness stated that so far as she knew the accused had good health, Noel Howard Rouse, solicitor, who acted as solicitor for the executor of the late Mrs James’s estate, said the accused came to his office and said that if he (Mr Rouse) could not arrange for him to have some money he would consult a solicitor and contest the will as he was up against it and on relief work. James was told that he (witness) would do what he could to supply him with food and clothing, but he could not give him any money. James appeared to be satisfied. Witness stated that he was a brother-in-law'of the previous witness. Constable M'Manus, who guarded the accused in hospital, said he appeared quite rational, but on one occasion he said he had been worrying all day. Constable Rush, on similar duty, said that sometimes the accused complained of pains in the head. He broke down when told that Noel’s body had been found, saying that he loved the boy dearly. He said his wife left everything to his daughter who would not help him. During the last month or two he had often gone hungry as he was only getting 13s 2d from relief work. Whenever the doctor visited him his cough seemed to get worse, _ - Detective Sergeant Jarrold said that he interviewed the accused in hospital on July 2 with Chief Detective Carroll. The accused said he had last seen Mrs Smith and Noel at Mrs King’s place, and his mind was a blank in regard to the last two days. He said he had not seen them since he left Mrs King’s house. When told of the death of Mrs Smith he said, “ I don’t remember anything.” The Crown Prosecutor (Mr Mapaesey) intimated that several more witnesses were to be examined, and the hearing was adjourned till Tuesday.