EXPERT EVIDENCE

Poverty Bay Herald, Volume LXV, Issue 19550, 4 February 1938, Page 7

EXPERT EVIDENCE

ALLEGATION OF MURDER SMITH TRIAL RESUMED RAPID PROGRESS MADE OPINIONS OF DOCTORS (Per Tress Association.) TIMARU, this day. At. the Supreme Court to-day, the trial of Randall Reginald David Smith, of having at Arundel, on September 10, murdered William Gaby, 73 years of age, was continued. Rapid progress was made with the trial yesterday, when 30 witnesses from a wide area and covering several different angles o£ the case were heard. It had been expected that the trial would last for three days, but witli the progress made yesterday and the action of the defence in admitting that the accused owned the boot-laces with which the deceased was bound, and a lucky charm clock which was found on the floor of Gaby’s shop, the proceedings have been considerably shortened, and it is hoped that the jury will be in a position to retire and consider its verdict late this afternoon.

The proceedings to-day were more or less confined to the presentation of expert evidence. Constable Kcarton said he took possession of various articles about the store, including a piece of wood bearing nail marks, a box used as a door step, and wooden platform which bore dragging marks. On September 28 he received from Dr. Thomson a pair of boots found in McClelland's shop, which lie photographed. The marks were- consistent with the wearer of the boots having carried something heavy. No Fingerprints Found His Honour: Were finger prints searched for? The witness: Yes, but no finger prints were found that were of sufficient value for identification purposes. There were marks which might have been made by gloves or by fingers covered by some material. Dr. C. S. Fraser, Timaru, said lie conducted a post-mortem examination on the body of Gaby. There was a lacerated wound ljin. long and Jin. wide over the left eye. Witness removed the skull, but could find no trace of a fracture. There had been haemorrhages of the brain. He found an old adhesion of the right lung. An examination of the _ deceased’s heart did not divulge anything that would have caused death. The cause of death, in his opinion, was concussion of the brain caused by a blovv over the left eye. The Injury suggested a blow of force such as might be delivered by a piece of fire-wood. The witness said he had had experience in pathology and had noted his exterior findings but had not done so in connection with his internal findings. All the organs of the body were in a natural condition. His examination showed no evidence of gross disease that would have caused death. He was satisfied that death was due to concussion of the brain. The heart was normal. Blood Stains Found

Dr. E. F. Thompson, assistant pathologist at Christchurch Hospital, said he concluded a post-mortem examination on the body of Gaby following the examination by Dr. Fraser. Assuming that Dr. Fraser was correct in his statement that the heart and lungs were normal he was of opinion that the cause of death was concussion of the brain and shock resulting from a severe blow on the head. ' .

The witness said ,he visited Gaby's store on September 12 and inspected the scene of the alleged murder. He removed a portion of the soil from outside the back door. It contained a stain Gin. by 4in. which was subsequently found to be due to the presence of human blood. Later he received portions of wood on which there were stains proved to be human blood. Dr. Thomson said that on the inner surfact of the left leg of the trousers he found nine brownish stains.

(Proceeding)