GUILTY OF MURDER

Otago Daily Times, Issue 24834, 6 February 1942, Page 6

GUILTY OF MURDER

MOA FLAT TRAGEDY LIFE SENTENCE IMPOSED In the Supreme Court yesterday, after a trial lasting two days and ahalf and a retirement of two hours and 50 minutes, the jury found Charles Henry Flaxman, aged 34, a farm labourer, of Moa Flat, guilty of the murder of his wife, Marion Beatrice Flaxman, at Moa Flat on November 18, 1941. Flaxman was sentenced by Mr Justice Kennedy to be imprisoned with hard labour for life. The crime of which Flaxman was found guilty was that he slew his wife by inflicting severe blows on her head with a and it was shown that he then attempted to remove the evidence of his crime by burning the cottage in which the body of his wife lay. The case for the Crown, conducted by Mr F, B. Adams, was closed on Wednesday afternoon. Submissions by Defence

Mr O. G. Stevens, who, with Mr C. H. S. Stevens, appeared for Flaxman, then began his address to the jury, and he concluded it yesterday morning by a recapitulation of his argument that there could have been no ntotive for the crime alleged against Flaxman, that there could have been no intent, and that the only possible explanation of his actions was that he had suffered a brainstorm, which so bereft him of his mental faculties that he lost control of himself. It was not suggested that Flaxman did not kill his wife. It was not suggested, either, that he had a diseased mind; but it was 'argued that his mind was uncontrolled to the extent that he was incapable of intent. Mr Stevens said that Flaxman could not escape from the charge of manslaughter, but that the jury would not be justified in finding him guilty of murder. His plea was for a reduction of the charge from murder to manslaughter.

A Brutal Murder Before reviewing the evidence, his Honor informed the jury that mere anger or uncontrolled passion did not in law excuse or reduce what would be murder to a less charge. His Honor examined the evidence exhaustively, and the jury retired at 11.20 a.m. It returned with its verdict at 2.30 p.m.. The prisoner, who had preserved a stolid calm throughout the trial, made no response to the opportunity to say anything why sentence should not be passed upon him. “You have been convicted of the brutal murder of your wife,” his Honor said. “I pass upon you the sentence prescribed by law. The sentence of the court is that you be imprisoned and kept at hard labour for life.” Discharging the jury, his Honor told it that he was in complete agreement with its verdict.

When the charge of arson was read to Flaxman, the Crown prosecutor applied for an adjournment of the indictment and gave an undertaking that in view of the verdict on the main charge, an application would be made for a stay of proceedings. The prisoner was not required to plead, and his Honor granted an adjournment.