CHARGE OF MURDER

Otago Witness, Issue 4042, 1 September 1931, Page 9

CHARGE OF MURDER

MRS UPHAM BEFORE THE COURF EVIDENCE OF DOMESTIC DISCORD. WESTPORT, August 26. The hearing of the charge of murder against Lena Maud Upham in connection with the death of her husband, who was found fatally shot in an empty shop on August 7, was commenced in the Magistrate’s Court to-day Harbin Robert Young, a surveyor, said that when he made a plan of the premises he noticed a poo] of blood near a mattress. Jean Elizabeth Watson said she kept a small shop near where the Uphams lived. She remembered the afternoon of Ajigust 6. Mrs Upham came into the shop and purchased lollies. She appeared to be very worried over her children having been taken away from her. The accused told witness that her husband was the cause of all the trouble, and was very cruel to her. After she had been talking for a long time the accused said if it was the last thing she did she would "get him” (her husband). William Shorley Collins said he spoke to Upham on August 6. Upham was carrying something in a bag. The deceased was under the influence of liquor. . Annie Ellen Fox said that for three weeks before the tragedy the accused had been sleeping at her house. Separation from her children nearly drove her to distraction. The accused said that

her husband was very cruel. She had bruises on her arm and cheek. The accused blamed her husband for the loss of the children, saying that he would not keep them or provide a home for them. When witness returned to her home on the day of the tragedy she found the accused crying, and asked what was the matter. The accused replied. “ Nothing,” and to further inquiries she said: “I don’t want to tell you and bring anything on you.” Witness replied: “ I will help you, no matter what you have done.” The accused said: “ You can’t help me, because he’s dead.” Witness said: “My God, what have you done? Did you push' him in the river and drown him?” She replied: “No. I shot him.” The accused was very worried and depressed because her children were taken away from her. Dr Dickel described his visit to the premises where Upham was found dead. The post-mortem, revealed a bullet wound through the heart, death being instantaneous. Witness said he was asked when at the maternity hospital to see the accused, who. was in a very depressed state, suffering from puerperal mania. When people were suffering from this complaint they often had delusions, accompanied by suicidal or homicidal tendencies and would turn against husband or child. They could have their lucid intervals and then the mania would recur.

Evidence of somewhat similar character was given by Dr Foote, medical superintendent of the Buller District Hospital and the Kawatiri Maternity Hospital. Constables Matches, Surgenor, Spence, and Senior Sergeant M'Glone all gave details connected with the tragedy, the arrest of the accused, the recovery of the gun, and also of quarrels between the deceased and the accused. The former, it was stated, had been sentenced to a month’s imprisonment for assault on his wife.

Detective Sergeant Holmes said the home was in a dreadful state. It was a ramshackle, leaking building with no fireplace, an old gas stove, and was not fit for pigs to live in.

Matron M'lntyre, of the Kawatiri Maternity Hospital, whose evidence for the defence was taken as she is shortly leaving Westport, described the condition of the accused in hospital, stating that she suffered from delusions, imagining that she had blood poisoning. The deceased was sent for to be told of her conditiou. but when he arrived he was in a state of partial drunkenness. The accused was underclothed and underfed. The accused, who pleaded not guilty, reserved her defence and was committed to the Supreme Court sittings at Westport next month for trial.