MURDER CHARGE

Southland Times, Issue 23335, 20 October 1937, Page 11

MURDER CHARGE

ARUNDEL TRAGEDY ACCUSED COMMITTED FOR TRIAL (United Press Association) TIMARU, October 19. Evidence at the hearing of the charge of murder by Randall Reginald David Smith, aged 26 years, a labourer, of William Gaby, a 73-year-old storekeeper, of Arundel, near the southern approach of the Rangitata traffic bridge, nine miles north of Geraldine was concentrated on Smith’s movements. Gaby, who was a bachelor living alone on the premises, was the victim of a brutal attack and was found dead with a severe wound on the forehead on the morning of September 11. Mr W. D. Campbell is the Crown Prosecutor. Accused is represented by Dr A. L. Haslam, Christchurch. Jessie Jones, a boarding house proprietor at Seacliff, said the accused was like a man who came to her on September 12, but she could not swear to it. He left on September 13. Gordon William McHardy, a storekeeper at Seacliff, said the accused cashed a cheque which was signed by David Bell. The detectives took possession of the cheque before it was tendered at the bank. Detective J. Gibson said the cheque was made out to and endorsed by Jack O’Brien.

James Daniel McKenzie, manager of the Bank of Ne«v Zealand at Geraldine, said that • the cheque produced was from a cheque book purchased by Gaby on May 11. No one of the name of David Bell had an account at the bank. When Allan Charles Herring, warder in charge of the Mount Eden Prison boot shop, was called, Dr Haslam (counsel for accused) objected to the nature of the evidence to be given. The matter was discussed in Chambers for a few minutes, after which Herring was allowed to give evidence. He described the types of boot laces made at Mount Eden. He knew of no other place or firm in New Zealand where laces were similarly made. As far as he knew the only place the laces produced could have been made was at Mount Eden. Accused had been in Mount Eden and was discharged on August 19 last. Dr Haslam’s objection to all of Herring’s evidence was recorded. CHARM IDENTIFIED Robert Richard Graham Lawson, of Paparua, identified the lucky chann found in Gaby’s store as one that had

been among accused’s possessions in August 1935. Mrs Olive Ibell (Christchurch) and Allan Richard Armstrong (Christchurch) said they recognized the charm as one worn by the accused in his lapei. They last saw it in August. Detective Sergeant J. Bickerdike (Christchurch) said he interviewed the accused at the detective office at Christchurch, a.id told him he was investigating Gaby’s death. “Accused asked my reason for interviewing him on the matter. I asked him if he knew the Arundel district. He said he knew it well, and kn’W Gaby’s store. I told him a cheque had been cashed at Seacliff by a man answering his description. I told him the cheque was from a book on issue to Gaby. After a few minutes accused said ‘What is going to happen to me f I tell the truth?’ I said “It just depends bn what your explanation is, provided you have an explanation.’ Accused said ‘I did not intend to kill Gaby. He gave a groan as I dragged him into the kitchen.’ He said he would prefer to .'/rite his own story, as he could put it in his own language.” In a statement, accused said he stayed at Mount Somers on September 9, and then proceeded to describe his movements until he reached Arundel at 7 p.m. on September 10. About an hour later he went into the store and took money from the till, also a cheque book. “I was just leaving when I met a man at the back door. He made some remark, and if I remember rightly he made a dash at me. I stepped into the back door of the store and picked up a piece of wood in the kitchen. By this time the man was standing outside the back door. I think I pushed him back with my hand. He said something, but I cannot remember clearly what it was. I raised the wood up, and struck at him, and he fell to the ground. I do not remember clearly what happened just then. I have a slight recollection that I picked him up and dragged him into the kitchen. He appeared to be stunned. I cannot remember whether he was bleeding or not. He did not say anything, but gave a bit of a groan. I then noticed that he was an old man. The three boot laces shown to me by the detectives are what I had on me at the time I went into the store. I cannot say what I did with these, but I know I left them at the store. At this time I was very excited, and do not remember clearly what happened. I then closed the back door and left. After leaving the store I went on to the main road, and either walked or run towards Geraldine, as I was frightened. After walking for about four miles I kind of cooled off. When a car came along I stepped into the middle of the road and he gave me a lift to Timaru.”

Accused then described his movements in Timaru. He pleaded not guilty and was committed for trial.