CROWN CASE CONCLUDED

Otago Daily Times, Issue 27385, 10 May 1950, Page 8

CROWN CASE CONCLUDED

Murder Charge Against Young Man DEFENCE OUTLINED PA AUCKLAND, May 9. The Crown evidence against Chesley Lachlan Brooks, aged 20, a seaman and labourer, who is standing his trial charged with the murder of Frederick Stanley Hodson at Onepu, near Te Teko, on February 13 was concluded before Mr Justice Finlay and a jury today. After witnesses for the prosecution had' been heard, Mr L. P. Leary, senior counsel for the accused, outlined the case for the defence. When the trial was resumed this morning, evidence was given by Dr Walter Gilmour, pathologist, of Auckland. “Death must have been almost Instantaneous,” he said. “It'was due to a wound in the chest, involving the heart, and made by a shotgun charge.” Henry Anderson, a carrier, detailed how. with Constables Julian and Jones, he had discovered the body in a heap of earth and sand. Constable Auld, of the National Park, said that, acting on information received he had found a blue Vauxhall car backed into a pumice pit. There were bloodstains on the gear lever and the interior of the car. The number plates were missing. Witness said that about 2000 ft up Mount Pirongia he found a .303 calibre rifle certificate of registration in the name of the accused, also the rifle, ammunition belt and five packets of ammunition. Sawn-off Shotguns Described

Senior Sergeant Kelly, of Wellington, demonstrated to the court the firing principle of the sawn-off shotgun. He said it was of German origin, too short for normal sporting purposes. “It is well known as a weapon for intimidation and homicide,” witness said.

Cross-examined by Mr Leary, Kelly agreed that there was an American shotgun with a barrel Bin long which had been sold in New Zealand, and another shotgun, with a 12in long barrel, was made. Witness said he considered both types useless for New Zealand game. To his Honor, witness said the guns mentioned by Mr Leary were not sawn-off shotguns, but specially made and- bored guns,

Mr Leary later put in advertising pamphlets for shortguns to show that shotguns under 12in in length were not necessarily for homicidal purposes. Detective Sergeant Scott, of Wellington said that km February 17, after he and Detective Ross had searched more than 40 houses and hotels in Wellington, they found in a room of an annexe of the YMCA a suitcase answering to the description of the one which was thought to have been sold to Brooks in Feilding. Brooks came to the room. “He admitted his name was Brooks, and added, ‘l’m glad it is all over.’” Witness asked, “What’s the trouble? ” and the accused replied, “I wanted to get Moses.” Witness then warned the accused, who was taken to the Detective Office, where he made a statement.

Opening for .the defence, Mr Leary said there were- points in the Crown case that did not hang together. ‘‘There are many contradictions in the Crown case. The defence, however, claims that it has the solution of the mystery, and the solution is the truth,” continued Mr Leary. “ The statement the accused made to the police was false in most material respects. The shot was accidental. His was the hand that held the gun, but there was never any intent to harm. Counsel related how the accused had hailed Hodson’s car, and as he was working his haversack off his shoulder strap slipped, and the shotgun in his hand went off through the door. “After the smoke of the explosion had cleared he ran round the vehicle and saw a recumbent form.” The accused’s first thought was to get the man to hospital, but he saw that it was not a case of a wound, but- of death. . He realised he had a corpse on his hands, and it immediately- occurred to him that this qccident would not be believed. He had to gain time, as he was too frightened to give himself up. After leaving the car at Turangi, the accused scrambled up the hill and camped out. The accused had tried to shoot himself.

Attempt at Suicide "The accused put the muzzle of his rifle to his chin,” counsel said, “ but he had a black-out, and when he came to he found a piece of metal jammed in the trigger. Later he went down the hill, started the car, and put his overcoat over the exhaust and lay under it, hoping that fate would solve his problem, but the coat slipped off, and, although ill, he staggered back to his camp. He made up three possible excuses to tell to the police to persuade them he was not a lunatic, but when he gave his statement he mixed up two of them, after hitting on the excuse that he had seen a man he hated and shot someone else by mistake.

Counsel concluded by saying that the defence would call the psychiatrist who had examined the accused for the Crown, and the accused would also tell his story from the witness box. The trial will continue tomorrow.