MURDER CHARGE

Otago Daily Times, Issue 26841, 4 August 1948, Page 6

MURDER CHARGE

DEATH OF BERTHA DAY STATEMENT BY ACCUSED SISTER GIVES EVIDENCE P.A. CHRISTCHURCH, Aug. 3. The trial in the Supreme Court of William Albertus Ivan Stuck, a butcher, aged 40. on a charge of murdering Bertha Bessie Amy Day at Paparua on May 14 was continued today. The trial, which is expected to last at least all week, is being heard by Mr Justice Fleming and a jury. The Crown Prosecutor, Mr A. W. Brown, and with him Mr W. G P Cunningham, is appearing for the Crown, and Mr G. I. Joseph, of Wellington, and with him Mr E. M. Hay, is appearing for Stuck, who pleaded not guilty to the charge. Blood-stained Trousers ' A member of the police party who boarded the Hinemoa in the harbour on May 16, Detective Sergeant George Colin Urquhart, said that he obtained luggage checked through to Auckland in the name of “I. Stack.” In a suit case containing a man’s clothing he found a pair oi blood-stained trousers Witness produced a statement which he said accused had made and signed. In it the accused said he and Day went rabbit shooting, “We got to the fence. Betty went to get through and was stooping with one hand on the rifle through the fence. She seemed to get caught up in the fence, and I went to pull the barb out to release her and my gun went off. I had been walking with the hammer of the gun up. When the gun went off Betty fell forward, and I put my gun down iumped through the fence, and saw that she was dead. “As I did not know how I was going to explain it, I got a shovel from the car and dug a small trench, carried her and laid her in it, and covered her up. After covering the body with earth I got in the car and returned it to the rental garage. I returned the rifle and gun to Clark’s place, and the shovel to Betty’s. I stayed at Betty’s place that night, and the next day, May 15, I left on my way to Auckland.”

Mrs Jean Beatrice Maude Smith said that her sister, Bertha Bessie Amy Day, was known as Mrs Stack and was 27. years of age. Witness told the court of her sister’s associations with Stuck. In December, 1947, the accused and her sister came to live in Christchurch. On April 25 the accused said he was thinking of going to Australia, and he spoke of it several times later. Witness asked her sister what boat they were going on, and her reply was that Ivan told her it was the Mountpark. “The accused gave up the tenancy of the flat on Thursday, May 13,” said witness. “They arrived at our home about 0.30 a.m. on Friday, May T 4, to stay until they were to leaye for the north. There was no mention of their going rabbit shooting when my sister left for a hair appointment on the Friday morning. That was the last time I saw her alive.” Witness said that accused returned alone to her home about 12.30 p.m. on the Friday. He told her that he and her sister were going to Dunsandel, and he took away her seer’s red shoes. The accused came back to her home at 5.30 p.m. He told her that her sister was staying at Dunsandel and would come home by car or taxi. She noticed that the accused had blood on the left sleeve of his coat and on his left trouser leg. “He said they had gone, out to set if they could get a rabbit, but they only got a hare. He tried to get the blood off,” said witness. “My mother-in-law took the trousers and said: J wonder is this animal blood or human blood? I was always taught that with animal blood you use warm water, and with human blood cold water.' The accused said. ‘At the shop we always soaked our aprons and coats in cold water.’ He seemed just as usual.” Witness said the accused left by taxi about 2.30 p.m. on Saturday.. He put his white dog in the boot of the taxi. She did not see accused again before his arrest. Amicable Relations

“At 11.30 p.m on May 15 I identiflea the body of a woman as that of my sister,” said witness. “ The accused and my sister got on well together.”

Mr Joseph: Did you have a regard for the accused?—l liked Ivan. I had a lot of time for him.

Did you ever see him exhibit sign.'of bad temper?—No. Not more than the normal good man. Have you ever seen him exhibit any distaste for your sister?—No, but they had their quarrels like everybody else There was a happy atmosphere at theii flat.

In reply to further questions by Mr Joseph, witness said her sister never seemed short of money. She never complained except that one day she said, ‘‘He’s a bad-tempered so and so.” Her sister was not working in Christchurch. She just kept house at the flat.

To Mr Brown, witness said she did not know Stuck was a married man, but she often thought he was. She honestly thought her sister thought she was going to Australia. Mrs Alice Ruby Clark" said that a flat at her home was let to a Mr and Mrs Stack. Stack was the accused She knew they were going to Australia and on the night of May 12 she and her husband gave a farewell party to the Stacks. Witness remembered the Stacks going out shooting with her husband and her on one occasion Neither witness nor Mrs Stack did any shooting. To Mr Joseph witness said the Stacks appeared to be a devoted couple. Colin William Clark, a factory hand, said he knew the accused as Ivan Stack On Saturday, May 8, the accused borrowed a .22 rifle shotgun and nine cartridges. He thought the accused said he was going to Waikan. The accused took away a shovel that was in the garage. At this stage the court adjourned until to-morrow.