MURDER CHARGE

Otago Daily Times, Issue 22835, 20 March 1936, Page 5

MURDER CHARGE

TRAGEDY AT WAITEPEKA ACCUSED’S TRIAL COMMENCED REMANDED TO BALCLUTHA Tbe trial of Hugh Urquhart Neil Gunn, who was charged with the murder of William Beatty at Waitepeka on February 22, was commenced in the City Police Court yesterday morning before Mr H. J. Dixon, S.M. Chief Detective Young conducted the case for the prosecution, and Mr C. J. L. White, instructed by Messrs Duncan and MacGregor, represented tbe accused. Francis Stothart Little, a registered surveyor, produced a plan of the Beatty property.—To Mr White witness said be went to the property on March 4. He knew nothing of the title of the land. The- legal road, according to the survey records, ran through Beatty’s house and garden. He saw a large tree felled across a roadline which made it impossible for any vehicle to have access from the farm yard to the paddock at the back. The tree had probably been deliberately felled across the roadline. Any vehicle using that particular roadline would have to make a detour to the right and come back on to the roadline through a gate further on.—To Chief Detective Young, witness said that the legal road was only a map road. Dr D’Ath, professor of pathology at the Otago Medical School, said he conducted a post-mortem examination of the body of the deceased, which was that of a sparsely-built, somewhat thin, elderly male, weighing 7st 31b. The left leg was shorter than the right, due to an old fracture of the neck of the left thigh bone. There was a lacerated wound about an inch and a-half in length and sex’cn-eightbs of an inch wide, extending down to the bone, on the left side of the head, and the left eye was bruised and blackened. Extensive haemorrhage was seen into the left temporal muscle extending well forward to the limits of the muscle. On the left side of the skull, immediately below the laceration, there was a fracture of the parietal bone extending from immediately beneath the laceration across the base of the skull, through the bone at the back of the nose, and continuing to the right side of the skull. The fracture in the upper portion, for about two inches, was depressed inwards. From a point about two inches from the commencement of the fracture, another fracture was seen running along the line of junction between the left temporal bone and the left parietal bone. There was extensive haemorrhage under the membranes covering the brain, which was also lacerated. The left cheek bone was fractured in three places. He was of the opinion that the deceased died from sub-dural haemorrhage and laceration of the brain, resulting from a severe direct blow to the skull, which was fractured. He visited the scene of the alleged crime in company with Detective Sergeant Hall, and bloodstains were found soaking into the earth and discolouring the grass. Portions of these stains were removed and, on examination, proved to be human blood. He was handed a manuka stick 42 inches long and siin in diameter at one end and 4;,in in diameter at the other. The stick had no hairs or bloodstains on it. It could have caused the injury to the deceased if he had been struck heavily with it. He produced the skull of the deceased. showing the fractures received To Mr White, witness said that the discolouration of the deceased’s eye was due to the single blow which, in his opinion, killed deceased. The manuka stick was shown to him by Detective Sergeant Hall at Balclutha immediately after the postmortem. Some small bruises on the back of the deceased’s hands might have been tbe result of his attempting to defend himself, but that was only a theory. Ronald Naylor Holden, orchard hand, of Clyde, said that on February 22 he went from Clyde to Balclutha. and then cycled to Mr Dovey’e farm at Waitepeka, arriving at about 2 p.m. At 6.45 p.m. he went with Miss Dovey to the deceased Beatty’s farm, which was about a quarter of a mile away. He was invited into Beatty’s kitchen, from which he had a view of a small portion of Beatty’s yard through the window. He saw Neil Gunn in the yard about 10 minutes after he had arrived at the house. Gunn was about to go through a gate with a horse and cart, which lie was leading. Mrs Beatty saw him, and went to tqll Beatty, whom witness saw leave the house and go and speak to Gunn. _ Gunn walked through the trees towards his home, and Beatty turned the horse round and sent it away. Beatty then came inside the house, and went to a cupboard, where witness saw him with a paper bag in his hand. Witness, Miss Dovey, Mrs Beatty, and Beatty then went out to tbe yard. The horse had gone through the gate to the road. A lew minutes afterwards the three Gunn brothers —Neil, John, and the accused, came down the road from the direction of the fallen tree. The accused and John Gunn stopped to talk to the Beatties, and Neil Gunn went on to pet the horse. The deceased had his walking stick, which ho always carried. The accused and Beatty were arguing, Beatty moving towards the accused, who kept backing away. The accused was saying: “ Don t throw that pepper on me.” and looked towards witness, saying: You are a witness to this.” He notjeed that the deceased held a paper bag in one baud, and his stick in the other. Neil Gunn was bringing the horse and cart towards the house when his brother John stopped him and opened the gate into the outer paddock. The horse and cart proneeded iuto the outer paddock and John followed. The accused, Mr and Mrs Beatty and their son James walked up the lane towards the fallen tree, and just then they saw the horse and cart, and John and Neil Gunn passing through the plantation of trees. The accused ana the Beatties disappeared from witness s sight, and he followed them shortly aiterwards, meeting Mrs Beatty coming towards the house. As the result of something she said to witness he continued up to the top of the rise, where he saw Pat Rodgers and James Beatty holding the deceased up. Beatty had blood down the left side of his face and was unconscious. Witness-saw the Gunns and the horse and cart going round the paddock towards their home. Neil was in the cart, and the accused and John were walking behind. Witness helped to carry the deceased to the house, and James Beatty went to get a doctor. While he was there witness did not see the deceased throw or attempt to throw any pepper at the accused, and ho did not at any time see any pepper. He did, however, see a paper bag in tbe deceased’s hand.—To Mr White witness said that the gates at the top of the hill wore open when he reached them. Neil Gunn, who was the accused’s brother, was not causing any trouble when witness first saw him. Witness saw the tree felled across the road and Neil Gunn was merely making a detour to got past. Had Beatty not gone out, there would not have been any trouble. Witness did not bear what Beatty said to Neil Gunn when be first went out, but he stopped the horse and cart from coming through the gate. When Beatty returned to the house he did not say anything about the occurrence, but went to a cupboard where food was kept. When the three Gunns _ came on tlie scene Beatty was waiting for them outside (he- house. Witness knew that the Gunns claimed that Beatty’s yard was actually the roadline. When witness went outside lie anticipated that there might be trouble. When the Gunns arrived they wanted to get their horse and cart away. They had no weapons or anything of that kind. I hero was some argument about the question of the roadline. He did not see any of the Gunns attempt to take the paper bag away from Beatty, but lie heard the accused say “ Leave them alone, we have the law on our side,” The accused appeared to be trying to get away from Beatty. When the accused went up the hill he was taking a short cut to his brothers. —To Chief Detective Young witness said that_ there was a road to Gunn’s place until a fence had been put across it. —To Mr White, witness said that only about two minutes elapsed between the time the accused disappeared and witness met Mrs Beatty coming back. Detective G. Taylor said that on February 23 he proceeded to Balclutha and arrived there about 11.20 a.m. As th« result of what ho learned when ho

arrived there he interviewed the accused. Witness informed (ho accused that Beatty had died, and that he would be charged with murder. The accused said, “It is a pity.” Later. Gunn said lie wished to see his father and that lie would not make a statement until he had seen his solicitor. The following day witness went to Waitepeka and visited the property occupied by (he Gunns. He examined the shafts of a dog earl, but (here was no trace of hair or Idood on them. On February 27 lie took a number of photographs, which he produced in court. At the close of Detective Taylors evidence, Chief Detective Young said he did not intend to call any further evidence at present, and asked that the accused be remanded to appear at Balclutha at 10.30 a.m. on March 27. Mr White agreed to a remand, winch was granted.