MURDER CASE

Te Awamutu Courier, Volume 78, Issue 7015, 4 February 1949, Page 4

MURDER CASE

SECOND DAY OF TRIAL IN HAMILTON TE AWAMUTU MAN CHARGED Public interest in the murder trial which is taking place in the Supreme Court, Hamilton, was more apparent when the trial entered its second day. The accused, Cecil Robert Gurr Otto, is being represented by Mr A. R. Hill, of T? Awamutu, and the charge is that of murder of Ruth McGregor Stone at Hamilton East on October 23. The Crown case is being conducted by Mr J. F. Strang, Crown prosecutor, and the trial is taking place before Mr Justice Hutchison and a jury. The body of the court was well filled when the case was resumed this morning. The first witness called, Gerald Ludlow Whineray, linesman, of Hamilton, described how he was driving a car near the scene of the tragedy when he heard a report which he thought was a car backfiring, followed a short time later by a similar report. As witness drove past .Walters’ dairy in Hamilton East he saw a man lying on the footpath. Another man ran from the footpath, waving his arms to attract witness’ attention. Witness alighted from his car and the man lying- on the footpath rose to his feet, put the barrel of a rifle to his head and pulled the trigger. The man spun round and fell to the ground. Shooting Described How he had seen a man and a woman near the dairy a few minutes before the shooting was told by Henry Gordon Houten, postman, of Hamilton. The man had a rifle and there appeared an atmosphere of tension. Witness delivered a letter to an assistant in the dairy and when he came out of the shop the couple were still there. He went along the street a few yards to the entrance to a boarding house, passing the couple. Witness then heard a shot, a scream and the sound of running feet. He turned round and saw the man with the rifle bang the butt on the ground, a shot following. The man sprawled on the footpath, quickly regained his feet and the rifle, and, placing the barrel of the rifle to his head, fired again.

In reply to Mr Hill witness said that not more than a minute elapsed from the time he first saw the couple when he was approaching the dairy, and the firing of the first shot. Witness did not gain the impression that either the man or the woman were agitated, although there was an air of seriousness. Horace Alexander Dunn, motor mechanic, of Hamilton, described how he had arrived on the scene soon after the shooting. He saw the woman lying on the floor of the dairy. Her pulse beating faintly. He telephoned the police to inquire if a doctor had been notified and returned to the woman. While kneeling beside her she died. Association Detailed His association with Mrs Stone, which had extended over about 18 months prior to her death, was detailed by Gavin William Bryne, motor mechanic, of Hamilton. He had met her at a dance and the last time he saw her was about half an hour before her death. Witness was driving his car past the boarding house in Hamilton East when he saw Mrs Stone standing at the entrance. He spoke to her and she was in an agitated state. Witness told of visits he had been paid by accused concerning the woman. He said that on one occasion he met accused outside a telephone box in Whitiora in response to a telephone request by accused regarding Mrs Stone. Blows were exchanged. Witnes had previously told accused to stop annoying Mrs Stone. Cross-examined by counsel for the defence, Bryne said that he did not know of the financial struggle accused and Mrs Stone had undergone when living as man and wife on a farm near Tauhei. Regarding attacks of blindness suffered by accused, witness said he had been told by Mrs Stone that accused had had some form of eye trouble, resulting in loss of sight on occasions. Financial Assistance Witness did not know that Mrs Stone had received financial assistance from accused during the time which he had been associated with her. An episode at a house in Hamifton owned by people named Palmer was mentioned by Mr Hill. Accused had visited the house, where witness and Mrs Stone were together, and when intercepted by witness accused said he could not get “Billie” out of his mind. Counsel asked witness if he was then aware of recent meetings of accused and Mrs Stone, the answer being in the negative. Cross-examination Continues A meeting with Mrs Stone on the evening of October 22, the day before the shooting, was referred to by witness under cross-examination. Witness had taken Mrs Stone from her place of employment to the Warwick Hotel, where she was staying. Summarising witness’ evidence, Mr Hill said that witness had been carryon with Mrs Stone for approximately two years, and for a portion of that period he had been on intimate terms with her. During that period witness became aware of her association with accused. Witness knew that accused was pleading with Mrs Stone to return to him.

In re-examination by Mr Strang witness said that he first met Mrs Stone in Hamilton, and he knew her as Miss Simpson. He was not aware of Miss Simpson going to the farm where accused was working during the time he was associated with her. In answer to Mr Strang witness said that during the four months before her death it appeared to him that Miss Simpson was trying to terminate her friendship with accused, while accused was trying to regain her. First Day’s Evidence

Emily Parnell a cook at the boarding house, described deceased as “a very nice young lady, very attractive, very quiet.” Witness said Otto appeared to her to be “quite a

nice young man, quite normal, with a nice smile.” Cross-examined by Mr Hill, witness said that she thought she could tell by talking to Otto for a few seconds on th.? morning of October 23 that he was quite normal. Tossell Hazel Simpson, of Auckland, said her sister, Mrs Stone, was married in 1939. Mrs Stone had not been divorced from her husband. On the morning of October 23 he saw a man leave the boarding house hurriedly with a rifle, said Cecil Levey Byford, storeman, of Hamilton, who was staying at the boardinghouse. Shortly afterwards witness heard three shots. The visit to a dairy of a young woman and a tall dark man on the morning of October 23 was described by Diana Margaret June Priscott, an assistant at the dairy. After they left together witness heard three shots. She found the woman lying on the floor of the shop. Wednesday’s Hearing Constable J. W. A. Hayes accompanied accused to the Waikato Hospital. He said that he had made an inventory of accused’s effects, which included an envelope containing a number of letters between Mrs Stone and accused and a saga. Constable Hayes read to the court a document described as a saga written by accused and covering in detail the happenings which occurred from the time accused first met Mrs Stone. A list of persons who could testify various passages in the document was appended. Constable Hayes then read to the court letters between accused and Mrs Stone. A rifle which was produced in court was identified by Constable Harry Lilley, of Hamilton, as the one he had found at the scene of the tragedy. Two live shells and one empty shell, which he had taken from the rifle, and two empty shells which he had found on the footpath, were identified by Constable Lilley. Witness said that Mrs Stone appeared to be dead when he saw her inside the dairy. After a doctor had pronounced her dead, witness examined the body. There was a small wound in the right side of the chest and a large jagged wound at the back, more towards the left shoulder blade. A blood-stained blouse was identified by Constable Lilley as that which Mrs Stone was wearing. Bullet Recovered Witness also showed the court a portion of a bullet which had been recovered from a cubicle in the dairy. Constable Lilley made mention of a yellow, fatty tissue smeared around the bullet hole and shatter mark in the shop window. There were splotches of blood under the verandah on the wall between the dairy and an adjacent boot shop. Witness produced a cleaning rod, bicycle lamp, field glasses and an overcoat which he had recovered from accused’s room at the Warwick Hotel. Constable J. G. Williamson, of Te Awamutu, who had taken possession of accused’s property in a room at a boarding house at Te Awamutu, read a written document purporting to be the will of Fillip Cyril Otto. This document had been found in the room and in his will accused left all his property to Miss Nancy Gibbs, of Te Awamutu. Witness had also found in the room three rounds of .303 ammunition and six rounds of revolver ammuniti.on. • Mrs G. Palmer, of Hamilton with whom Mrs Stone lived for a period, described a - happening which took place on the night of September 16 last. Mr and Mrs Palmer, their two children, and Mrs Stone occupied upstairs bedrooms. They retired about 11 p.m. and some time later witness was disturbed by Mrs Stone, who entered the bedroom. Witness arose and went to her bedroom door, where accused was standing with a gun directed at her. Mrs Stone was behind witness. Agreement Made Witness screamed and her husband arose and asked accused why he had not knocked at the door. Accused said he wanted to take Mrs Stone away with him. For three hours accused remained, eventually being persuaded by Mr Palmer to leave the house, which he did after an agreement that the matter should not be reported to the police. Her husband at one time moved his foot, whereupon accused said, “Don’t make a move, it’s loaded,” and flicked a bullet from the rifle. Witness said that accused asked permission to speak to Mrs Stone and the request was granted, a condition baing that he left the rifle in Mrs Palmer’s bedroom. Accused was with Mrs Stone for some time and prior to his departure he had a cup of tea with the Palmers and Mrs Stone. Before he went accused said that now he knew where he stood life would not b.? very rosy for him. In reply to Mr Hill witness said that Mrs Stone frequently received telephone calls from accused. She first became acquainted with Mrs Stone through Gavin Bryne, who often visited Mrs Stone at her house. Byrne was an employee of her husband. Happenings Described George James Palmer also described the happenings of September 16. Witness said that accused, in the bedroom, said that he wanted to take Mrs Stone out of the house dead or alive as he wished to spend his last night on this earth with her. The manner in which accused had entered his house was decribed by witness. Accused had thrown a length of rope around the chimney after he had climbed a water-pipe, and let himself down on to a balcony. Cross-examined by Mr Hill, witness said that accused was very excited when he broke into his house. Witness gained the impression that accused was obsessed with Mrs Stone. David John Edhouse, of Te Awamutu, said that accused borrowed a .303 rifle from him on September 16. Witness asked accused for the return of his rifle and accused told him that it was in Hamilton. Early in October witness again requested the return of his rifle, and he received it about a week before October 16. At 4.30 p.m. on Friday, October 22, accused approached witness for a further loan* of the rifle, as he wished to shoot a wild bull. Witness’ rifle was not available so he referred accused to a Mr Trubshoe, who owned a rifle. Evidence Heard Yesterday (

Evidence that when he lent his rifle to the accused Otto on October 22 Otto appeared to be quite normal was

given by Charles Arthur Trubshoe. Witness said Otto had explained there was a wild bull on his brother’s farm at Putaruru and he wanted to shoot it. He had found Otto a very rational man and a good type of worker, said Roy Albert Garry, dairy factory employee, of Te Awamutu, who was employed at the same factory as accused. How he hired a rental car to Otto on October 21 was described by Clifton Manfield Whitehouse, a director of a motor firm, Te Awamutu. When accused returned from Hamilton on October 22 he said he had concluded some satisfactory business. Meeting in Auckland She first became acquainted with Otto in Auckland last July, said Nancy Gibbs, single, of Te Awamutu. At the time Otto was engaged to be married to another girl in August. Witness said that Otto decided not to marry the other woman. Witness went to Wellington with Otto on August 10. They stayed there until August 20, when they cam.? to Hamilton. For a week they remained in Hamilton. Witness met deceased. As a result of a conversation with deceased witness told Otto that deceased did not want him back. She said she did not care what he did. Subsequently the three of them met and deceased finally said she would go, back to Otto. This was disappointing to witness as at that time she was in love with Otto. Still in Love With Otto Witness told the court she was still in love with Otto. Witness said that on August 29 she and Otto decided they would be married. When she met Otto on September 19 she was told that he had asked deceased if she would go back to him. Deceased told him did not want anything more to do with him. Otto then said again that he wanted to marry witness. Witness said she refused. She agreed to go to Te Awamutu with him. Otto said he was afraid of what might happen if she did not go. She did not take this as a threat as to what he might do to her. He said he hated deceased. After she went to Te Awamutu with Otto he said he would like to maim deceased for life. i Understanding With Accused After she had read the “saga” which had been produced as an exhibit she was satisfied that everything was. over between Otto and deceased and that his devotion was for her, said witness. There was an understanding that they would be married but no date was fixed. Witness said she accompanied Otto in Hamilton on the night of October 21 when he followed a car which he said looked like Byrne’s car. Otto said he wished to find out where deceased lived. Between 10 and 11 p.m. they found the car parked in a side street just off the main road to Auckland. Later they saw the car parked in front of the boarding house at Hamilton East. Otto and witness then returned to Te Awamutu. The following morning Otto said he would go back to Hamilton to find out where deceased worked, witness continued. Witness noticed nothing unusual about him. That evening he told her he had booked a room at the boarding house in Hamilton East. He said he was going to see accused and try and get back a watch. She was expecting him to finish with deceased. ' Discovery of Will When she heard about 1 p.m. on October 23 that Otto had taken a gun to Hamilton she searched his room at Te Awamutu and found his will, which was dated October 22. Under cross-examination witness said she accompanied Otto to Wellington partly for personal reasons and because he said he was afraid to go alone. He said he was afraid he would get off the train at Frankton and go to deceased. Witness said she knew that Otto had been obsessed with his love for deceased. When deceased appeared in the picture Otto had been prepared to drop her (witness). Case for Defence “I am not going to set up the defence that accused did not shoot Mr s Stone,” said Mr A. R. Hill, in opening the defence. Counsel asked the jury to consider two issues, one of insanity and one of provocation, which would warrant them in reducing the charge to one of manslaughter. He would call three witnessess to show that accused’s mental outlook was not that of a normal man. Witnesses for Crown Nancy Gibbs, shop assistant, Te Awamutu, gave evidence for the Crown that she first met accused in Auckland in July, 1948. Accused told her he would like to maim Mrs Stone for life. She read the “saga” accused* had written, and when she had dune so he said to her “Now you know I meant to kill her.” Witness, in answer to Mr Strang, said she still loved accused. I Accused had been married and divorced twice, said Duncan Gurr Otto, farmer of Putaruru, and brother of accused. There was one child of each union. On one occasion, accused had told witness that Mrs Stone was “playing up.” Accused visited witness’ farm. Sometimes he was accompanied by Mrs Stone and sometimes by Miss Gibbs. Accused’s Moods Giving evidence for the defence, May Kathleen Henderson, of Te Awamutu, a sister of accused, said that when she first met accused and Mrs Stone together they had appeared to be very happy. Later, after Mrs Stone had left accused, witness had seen him in a very disturbed state of mind. He had changed, and on occasions had become almost incoherent. After this, deceased had promised Otto that she would return to him on a number of occasions, but would never fix any definite date. Still later, deceased had become very provoking, bringing up pieces from accused’s past which angered him considerably. She mentioned incidents which had occurred in her home at Te Awamutu, when deceased had provoked accused into a rage. Peculiar Behaviour On several occasions, continued Mrs Henderson, accused had been examined by a doctor at her request. She ’ mentioned his peculiar behaviour on a number of occasions, and said he | appeared to have Mrs Stone on Lis mind continually. He lay at nights [ calling “Billie, Billie,” again and

again. At times, when he was speaking, he would break off in the middle of a sentence and either stand staring vacantly or walk out of the house. Two days before the shooting, accused had rushed into witness’ home and raved to her about “Billie.” He said he was going to Hamilton to get some of his things she had. He was deaf to all reasoning and finally left, saying he was going to have a few drinks with “the boys.” That was the last occasion on which she had seen accused before the shooting. Witness was not surprised to learn of the shooting. This was because of his expressed obsession for Mrs Stone. The case was adjourned until today.