A FATAL QUARREL

Otago Daily Times, Issue 22268, 22 May 1934, Page 10

A FATAL QUARREL

STABBING AFFRAY ON STATION COOK CHARGED WITH MURDER, {pja UmTBD Pbesb Association.) NAPIER, May 21. . Mr Justice. Blair opened the Court sitting this morning. There was only a light calendar, including the Darinevirke car hold-up and a charge of murder against Henry Capewell. The latter case was taken first, the accused being charged with murdering John Williams at Pbrangahau on March Walter'Thomas Budge gave evidence detailing the incidents which led up to the scuffle. ■ Witness said that when Williams arrived he was jovial, but .later became quarrelsome, and rushed at tne accused; They were separated,-but the deceased followed the; accused back to the kitchen. Capewell was then sober, but the deceased was "well gone.''. Witness later saw the ; : two men locked together. They were again separated, and Williams collapsed .and died a Jew minutes later. Witness said that deceased was the aggressor thnoughout. Witness added that the 5 deceased was drunk at the time. He was a more powerful man than the accused. Capewell wanted to go to bed after the quarrel, but when told that Williams was on his bed the latter said: " I'll let him have half an hour's sleep. Cross-examined, witness said that Williams Was fairly well under the influence of liquor, and would not have been able to defend himself. John William Helm, station foreman, said that shortly before the fatal .struggle he saw Williams and Capewell struggling on the grass. It was.a very harmless struggle, and he did not see any blows struck. He and-Budge separated them. After Williams's death witness said that Capewell was hot druhk. After a while Capewell said he would like to go to bed. Witness replied that'Williams was in his bed, and had been there for half an hour. . Capewell said:-"Oh, well, let him have half an hour." " To Mr Harker witness said that Cape- . well appeared to believe him when he told him that Williams was asleep on his bed. Capewell appeared to be quite unconscious of the tact that a tragedy had occurred. ; ~ i x;„„^ Howard Mills, shepherd on the stations gave ■ evidence on similar lines, saying., under cross-examination, that when .he saw .Capewell the latter was very excited, and appeared to be' sobbing. He did not seem to know that a tragedy had Honor: Williams appeared to be about 30 years of age, well set up, ami powerful, Capewell. he thought, would be between 55 and 60. and was not ath- '■ "If it were a case of a fight", said his. Honor, "what would be the posi'w'itness: Capewell would have had.no ■*'&* oShffiF Raymond, Waipukurau, cave evidence concerning. Wilhams.s inh.rieS. With regard to the fatal wound he thought it could not. have been selfinflicted!: It.would bave reqinred a good force to drive a knife, to the depth of he wound. Capewell smelt strongly of drink when he examined him soon after the strugple, but his speech .was quite normal. He appeared to be- suffering from shock. He saw no marks-or blood °Vhe%on C r7adjoufnecl until to-morrow.