WIFE MURDER ALLEGED

Taranaki Daily News, 18 November 1930, Page 3

WIFE MURDER ALLEGED

TRIAL OF AXEXANDER TOWNSEND CASE FOR THE CROWN IN PROGRESS TRAGEDY AT FITZROY RECALLED Arraigned on a charge of murdering his wife, Cora Alice Townsend, at New Plymouth early on the morning of September 16, ’ Alexander Townsend was indicted yesterday before the Chief Justice, Sir Michael Myers, and a jury of 12. The Crown Prosecutor’s references to the law regarding a defence of insanity and his outline of the evidence to be adduced occupied the court until after the midday adjournment. There are still many witnesses to be heard, and it is anticipated the trial will not be finished before to-morrow. .Not for many sessions has such great public interest been displayed in criminal proceedings. Long before the doors were opened the vicinity of the building was crowded by spectators, members of the grand jury and the common jury panel, and numerous Crown witnesses.

PRISONER SAYS NOT GUILTY INSANITY QUESTION DISCUSSED.'- ■ EMPTY COURT FOR ONE WITNESS. Inside the Court extra seating accommodation was provided for witnesses, but even so it was fully taxed. Many of the spectators had to stand. To avoid congestion later members of the grand and common juries were admitted to allotted seats before the main doors were unfastened. When a true bill was returned and the Court ready to proceed Townsend was led to the dock and the jury was empanelled. Two men were stood down for the Crown by Mr. C. H. Weston, while the prisoner’s right of challenge was exercised ■ four times by Mr. L. Al. Moss. The indictment was read. “How say you, are you guilty or nor guilty?” asked the Registrar. “Not guilty,” replied Townsend in a clear, firm voice. The jury was empanelled as follows: Messrs. H. H. Edgecombe (foreman), A. L. 1 Kitchi ng ham, C. S. Cottam, Willis Neilson, W. E. Kinsella, : H. N. Rowe, D. A. McLean, F. J. Morehead, David Penman, R. F.' Price, J. E. Asquith and J. S. Joll. When Jean Townsend, daughter of the prisoner; stepped into the witness box late in the afternoon Mr. Weston suggested the Court might be cleared during her evidence. , • “I can’t compel it, Mr. Weston,” replied His Honour, “but the bystanders have heard the suggestion and I think it very reasonable. I think the onlookers will realise it is better they should not remain unless they have business in the Court.” All the onlookers in the body • of the Court then retired. At the conclusion of the day’s hearing members, of the jury, in charge ot two constables -were taken to a hotel for the night. THE LAW AND INSANITY.. The facts would present ho difficulty, said Mr. Weston in opening. If the jury accepted the evidence for the Crown it could come to the conclusion that Townsend killed his wife by almost hacking her head off, and, subject to other things that might be. submitted later, that he committed murder. • “But counsel for accused will no doubt ask you to reach the conclusion that he was insane and not criminally responsible,” continued Mr. Weston, who proceeded to explain the law 'on this point. It had been said of persons who committed crimes that they were not nor-, mal. But, said counsel, that was hot the kind of abnormality required as ail excuse from the consequences of a crime. If that were so society would rapidly fall into chaos. There had to be a certain degree of abnormality before it could excuse a crime; in fact,, the accused must be regarded. as a lunatic to be excused. The question for the jury, therefore, was whether Townsend was insane to the point of excusing him. Everyone was presumed to be sane and the onus lay ,on Townsend to prove that he was insane at the time of the act. There was a complete difference between madness and badness. A man

might be mad and not bad, or bad and not mad. Successfully to plead insanity a man’s brain must be pathologically diseased to such an extent that he wae not responsible for what he was doing. Section 43 of the Crimes Act laid it down that every person should be “presumed to be sane at the time of doing or omitting any act until the contrary is proved. No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural iliibecility or disease of the mind to such an extent ,as to render such person incapable of' understanding the nature and qualjty of the act or omission, and knowing that such act or omisI sion was wrong.” Air. Weston explained that the “nature and quality” of an act were held to mean the physical quality of an act—such as taking up a gun and shooting a person. HALLUCINATIONS AND DELUSIONS. Illustrating differences between various types of mental diseases counsel said that an hallucination described the hearing of a sound that had no existence, or the seeing of something that had no existence. A delusion, on the. other hand,, was an idea based on facts that did not exist or an untenable idea based on facts that did exist. “If while walking in the street the person with you turned round and calledyour attention to a man who was not there that would be an hallucination,” said counsel. “You would say he was mad. If, when visiting the I’orirua mental hospital, one of the patients told you he was Lord Jellicoe or William the Conqueror you would say he had a delusion.” Counsel said he mentioned these things thus, early in the case in order to emphasise to the jury that there must be a diseased state of the brain before it could be found that Townsend was insane at the time of his act. His state of mind could be judged only on what Hj said or did. It was impossible to look into a man’s mind, and the jury had to decide on the evidence. He asked tfye , jurymen as the case went on to consider.'the evidence in the light of their knowledge that they would have to decide the qustion of insanity.

Referring to drunkenness as a defence Mr. Weston said that for this to be made an excuse the law was that a man must be so drunk at the time of the offence that he was incapable of forming any definite intention. Anything he did would need to be done in a haphazard way, with no definite direction from the man’s own. mind. Air. Weston dealt briefly also with the question of alcoholic insanity which, ,he said, the jury would not be called upon to decide in this case.

Outlining the Evidence to be brought by the Crown Air. Weston s,aid the Townsends were . married in August, 1915. In September last he was -53 and his wife 47. They had had two children, a girl aged 17, and a child who had died. Airs. Townsend was deformed,., her trouble being known medically as a congenital double club hand. She had no thumbs In spite of this handicap, however, she was a very clever needlewoman and she earned an -income in that way. It was an unhappy marriage. Townsend’s own personality did' not conduce to a happy state of affairs. He drank a fair amount and, though he could carry his liquor -well, he was bad tempered when he had had drink. For some

reason he had a grudge against his wife, her father Latham, and her sister Mrs. Huse jnd Mrs. Huso’s husband. In 1925, at Hamilton, the Townsends separated, it being stipulated in the deed drawn up that he was to pay £1 a week for the maintenance of his daughter till she reached the age of 18. There had been talk of separation before this—in. 1921. CAME.TO NEW PLYMOUTH. , Following the Separation Mrs. Townsend came to New Plymouth in order to be near her father, who was living at Onaero, where his son-in-law Huse was factorymanager. Some time after the separation Townsend leased his small farm at Hamilton to John Bull. He, too, then came to New Plymouth. In July, 1929, on the expiration of the lease, he sold the farm and .received about £965. Townsend put £3OO of this in the National Bank and £5OO in the Post Office Savings Bank. He lived at Airs. O’Brien’s boardinghouse at New Plymouth. In November and December he stayed at McPherson’s hotel at Waitara and in February he went to the Grand Vue boardinghouse. New Plymouth. In all three places he whs described as a model boarder on excellent terms with everybody. While he was a man 1 who liked his glass he showed no signa of being under the influence of liquor. McPherson described him as a moderate drinker. He did practically no work and spent a good deal of his money on racing. In fact, on the morning of September 15 he drew his final £4 from the Savings Bank. He then had something over £2 left in the National Bank. He had allowed Jean’s maintenance to get' into arrears and in April Mrs. Townsend had had to sue him. He paid the amount on May 3. The question of maintenance for the girl was another source of the bitterness arising out of the marriage. Counsel then proceeded to unroll the Crown’s story on the lines of the evi-, dence given in the lower Court. Edgar James McLachlan, law clerk, Hamilton, said he was present when the deed of separation dated July, 1925, was 1 , signed by Mr. and Mrs. Townsend. He had been informed there had previously been an attempt to separate. His firm collected the maintenance until early in 1928. Subsequently they had to sue Townsend. The amount, £4l, was puid into Court, either on the day of or the day before .the hearing.

NEVER PAID WILLINGLY. Townsend never paid willingly. He said his daughter was not getting the benefit of it and that his wife w'as using it for her own ends. He said her father was a wealthy man. and should keep Mrs. Townsend. He should do so, he' said, “because he had been more or less talked into ; the marriage,” with the result that he had had this crippled woman on his hands all his life. Ho said he was not satisfied about the parentage of his child and “that a lot went on before marriage that he would like to know more about.” He would give them all a shock-mno of these days,- he added. He would get even with them. These conversations occurred between September 1, 1925, and December 12, ,1927. “You gathered he deeply believed what: he told you about Latham and his wife?” asked Mr. Moss. ■ v < “Yes.” “And he opened the subject always?” “Yes, when he got his receipts.” About the beginning of last football season, said witness to Mr. Weston, he saw Townsend in the bar of the Hamilton Hotel. A man came in and bumped his elbow'. Townsend thereupon rounded on the man- and three or four blows w’ere struck before they cduld be separated. Townsend was ' put out of the place. ■Edwin James Mears, solicitor of Hamilton, said he handed accused a cheque for £960 odd for his farm in July, 1929. A few days afterwards Townsend brought in £5O, which he wished held for the paying .of maintenance to his wife when he gave instructions. No instructions had been given to pay, and in April, 1930, Townsend lifted’the money-again. The accounts between hie firm and the accused showed an ■' item for the acquisition of a gun. . ' • Mr. Moss: You met Townsend in the capacity of a solicitor with his client? ‘■•Yes.” ■ '■ i' “Did you'gather that he was. a man suspicious of being taken down?” “I did form that opinion.” “What .was his general naturegenial?”'. ■ ' I ' ’ ■ . ’ ■ “I never found him genial. He was morose and solitary.”

To Mr. Weston: I did not observe anything abnormal about him'generally. I should say he was a .dull man intellectually. I frequently smelt liquor on him- and saw him in the street on several occasions when he had obviously had too much. •

Percy William Stanton, factory employee, Motonui, had, known Townsend for 18. or 20 years, he said. On February 20, 1929, he met him in New Plymouth. They had a couple of drinku. Townsend asked ’ him . where he was working.. On being told witness, was working for the North Taranaki Dairy Company, :Tbwnsend' said something about Huse, the manager. ' " .: -. 'l'' ■ . ' ; “CLOUD HANGING OVER HIM.” ■ ■ f .. Witness .was told to tell Huse that Huse had “a cloud hanging over him that would burst at any time.” He said something afiout Dick Latham, ~ “who went to Hamilton to spy on him.” He made remarks about the . whole family, but witness could not remember the details. : Hjs wife, he said, took her father’s word before; her Townsend had referred ,to his wife’s moral character before marriage. Since that time witness had passed a word or so with Townsend but had not had any general conversation. He would not say that Townsend at. the time of the conversation was either sober or drunk, “Who brought up this conversation about the Lathams ?” asked Mr. Moss, “you or-Townsend?” “Townsend.” “Did he believe what he was telling you “Absolutely. He seemed to be full of it and I had to get away from him.” “Did you tell Huse. about the threats ?” “Yes. ,He laughed about it and said he was.always talking like that.” To Mr. Weston: That was the Only time I allowed Townsend to talk like that. After- that I avoided him. “Mentally, has he changed during the 20 years you have known him?” asked Mr. Weston. “I 6 that a fair question?” asked Mr. Moss. His Honour said he thought it could be allowed. “I . have not noticed any difference in his mental condition in the 20 years except on the one occasion I refer to,” said witness. “As a young man he was all right in company. He did not quarrel much but those he did quarrel with seemed to be in his mind for. a long; time.” To Mr. Weeton: When Townsend Spoke of hie wife’s conduct before marriage there was one man’s name mentioned. She had known the man in a friendly, social way. To Mr. Moss: Whatever complaints there were Townsend seemed to believe them. . ■1 .

A plan of the scene of the tragedy, the sitting room of Mrs. C. I. Vickers, Sackv.ille Street. Fitzroy, was produced by Bernard Charles McCabe, chief

draughtsman in the Lands, and Survey Department, New Plymouth. Herbert Henry. Giles, manager of the Grand Vue Private Hotel, Gill .Street, said Townsend had stayed at his place since before February. He had always paid regularly-and been a good boarder otherwise.' On September II he paid his board up to.Moifday, September 15. On Sunday morning (September 14) Townsend spoke to him and his wife in the kitchen. He asked them how long he had been there. They replied seven or eight months. He said he .-did not have one thing to complain about. He showed no sign of liquor. LEAVING THE GRAND VUE. About midday on the Monday wit-, ness heard Townsend say to Mrs. Giles: “I have packed up. I am leaving Grand Vue. If anyone comes to my room put my luggage out.” He may have had’a few.drinks, but not many; That evening Townsend entered the kitchen about 7.15 and asked for Mrs. Giles. Witness said she was in the hospital. “Hoo-ray, Mr. Giles,” said Townsend. That was the last he saw of him. He talked and walked normally, but he seemed to have had some liquor. During his six mouths at the house Townsend always seemed to have plenty of'money. He worked during that period roughly six weeks. Looking back, he had 'noticed nothing peculiar about him mentally.

“It seemed strange that he should be leaving suddenly, did it not?” said counsel for the defence.

“It did,” said witness. “There was no dispute in the house to make him leave. He was popular with the boarders and very fond of the children. The children used to run out to meet him.”

“I found him a thorough gentleman in every shape and form,’’ said a labourer, residing at the Grand Vue Hotel, John Messenger. He said he had seer, a great deal of Townsend. Townsend was very popular in the house and not inclined to talk about his private affairs. He had known him first about 20 . years ago.' \He had drunk ■ w'ith Townsend, who had sometimes got drunk but “could thke a lot.” Townsend had never done dr said anything at the boarding-house to indicate that he w r as not right in the head. On the Monday evening, the night before the tragedy, Townsend had come out to the . verandah and said: .“I am going to Sydney.”-“Go on,”,’said witnees, “you’re mad!” “Yes I am,” said Townsend, “I am going to swim there.” Witness had' thought he was having a bit of fun. When witness said he was mad Townsend had laughed. He had spoken to Duflill,:who was also on the verandah, and then said good-bye. He had seemed “a bit on the merry side but could talk and walk all right.” During th© eight months he had known Townsend at the boarding-house his health had' been very good. “Did you ever sharpen a knife for Townsend?” asked Mr. Moss. “I did not, nor did anyone else as far as I can. remember.” . '“You remember you said he and Duffil spoke together. Shall we just say this: It was about a 10s note? “Yes.” “Townsend wouldn’t take it would he? Threw it on the ground?” “That’s correct,” said witness. JOURNEY IN TAXI. John Nelson Bell, taxi-driver, said that on the night of September 15 he was on the Brougham Street stand about 7-20 when Townsend engaged him to drive to Strandon. On-the way he stopped at Mrs. Giles’ private hotel in Devon Street East. Townsend went inside. Subsequently, on Townsend’s return to the caj - he wag driven to Ronald Street. Townsend had an overcoat, umbrella and, he thought, a parcel when he caine from the boarding-house.

At Ronald Street Townsend directed witness to the top end of Nobs’.Line, opposite the third house- on the left Townsend got out of the car and entered the house. Witness waited outside till Townsend returned and instructed . him to pick him up at the Strandon shops'in an hour’s time.

Witness arrived at the Strandon shops between 8.20 and 8.30 p.m. and picked up Townsend. He was then told to drive to Onaero. . Witness stopped at the house on the top of the hill past the dairy factory. Townsend went towards the house and was absent about ten minutes. On his return,he asked to be driven back to Fitzroy. Witness complied and took Townsend to, Nobs’ Line, to the same, house as previously..' Townsend was inside the house two or three minutes. This whs shortly after 10 o’clock. On returning to the car Townsend instructed him to drive to Mrs. Vickers’. Sackville Street. Witness did not know the place -and took his car to the foot of Sackville Street. Townsend inquired at two houses where Mrs. Vickers lived. Eventually Townsend found the house and went inside. Witness remained in the car, from which he a light go on in one of the front rooms.

He waited in jthe car for 20 minutes. The? Townsend/, came to him and said lie would not require him any more that night,, and that he would go to the!; stand and pa-y -him in the morning. ’. When he picked up Townsend the see 2 ond time,.after- a," hour's wait, he had an umbrella, overcoat and a bag of oranges. He had the umbrella and -overcoat on going, to Ohaero, but witness could not say whether he had the parcel. It was a wild night, raining and blowing. . , •< . Emily -Pearce,, living with her mother and sister in Ronald Street, Strandon, said entrance to the house could be obtained. from-Nobs’ Line as well: Jean Townsend, daughter of Townsend, stayed with her mother during 1929 while attending the High School. Both Jean and her mother were staying fit the house on the night of September 15. Mrs. Townsend left their place that night about 6.30 with Jean. Mrs. Townsend was then in the best of health. CALL TO SEE DAUGHTER: '

Townsend had called at the house several times. during 1929 to see his daughter. He called again about 7.15 p.m. on September 15. “Is Jean here?”, he asked. Witness said she had gone out with her mother. “Are you sure she is not here ?” he said. “Quite' sure,” replied witness. “You know you’ told me lies before,” said Townsend. I f . “You get off-our property,” said; witness. . He just, stood there, so she closed th j dOor and locked it. He stood, well back from the door, so she could not say whether he smelt of liq.uor. About an hour later Townsend again knocked on the door. Witness answered it. “Is Jean or her mother home yet?” he asked. “No,” was the reply. “What time will they be home?” She asked her mother, who tlid not know. Her mother said she did not suppose they would stay out all night. He agreed. ... “Are you sure you’re not telling me lies?” continued Townsend. Witness closed the door in his face. At 10 p.m. he returned to the house but she did not answer his knock. Just afterwards Jean came home. She heard Jean say. “What-do you want, dad?” He said: “Where is your mother?” “She has gone to see Airs. Vickers,’/ replied his daughter. '

“Well I want you to come with me to get her.” he said. “L want to have it out with you both.” “If you want to have it out,” she replied, “bring mother here.” “Are you coming or arc’ you not!” he asked. . . i - . : “No,” said Jean-aAslie walked inside, “Why did you say to Townsend; “I don’t suppose they’ll stay out all night?’ Did you nbt think they would' be home?” asked. Mr. Moss. "Well, it was not raining then.” - “Were you annoyed with him?” “Yes.” “You say Townsend said he wanted to have it out with them both?” Jean said he had only said he .wanted to have it out with her mother. '• “Was Jean always out at dances?” asked counsel. “She certainly did go to one or two but she was.not always out.” - .. , “Did he seem suspicious of you when he came to the house?”. “Yes.” “Had you noticed that before?” ‘Yes; on previous occasions he had not seemed to believe what I told him.” FATHER-IN-LAW’S EVIDENCE.' Charles Latham, farmer, Onaero, living with Mr. and Mrs. Huse, said Airs. Townsend was his daughter and so was Mrs. Huse. The Townsends had'- been married 15 or 16 years, but had been separated some years.About 9.15 p.m. on September .15 Townsend knocked at Huse’s door. Witness answered it.' Townsend asked where his daughter Jean was. Witness 'said he did not know and that the others were all in bed.

Townsend then asked for Cora, his wife. Witness said he did not know where she was. Townsend then said, “Oh, don’t you!” and went away'. It was so dark he could hot properly see Townsend. Next morning Townsend had returned.

There was some grievance between him and Townsend over some land at Lowgarth. He had taken a property in his own name for Townsend asked permission to sell it at a profit. Townsend had paid . back the money he had been lent by witness but ' no share of the profit. There had been no dispute about the matter, however.' '' “Have you noticed anything peculiar mentally about him all these years.,?”' asked Mr. Weston. ' r ’ “No,” said Latham. “If Townsend believed there was; a dispute about the Lowgarth farm,”-said Mr. Moss, “he was believing then sprtje* thing that did not exist?”- - “Yes,” said Latham. . i . . j

Jean Townsend said she was. 17 years of age. During the last few years she had spent most of. her time with Mrs. Pearce. Her mother earned her living by sewing and, with her father, paid for witness’ maintenance.

Her mother and were separated. While they were on a farm at Hamilton she had seen her father arrive home the worse for liquor. When in that condition he would threaten her

mother. ' At Hamilton Townsend had threatened to blow out her mother’s brains. On another occasion she had found her father threatening her mother witE a pocket knife. When sober her father was naturally quarrelsome. Witness .had spoken to him on several occasions in New Plymouth. Some-, times the conversation was with .regard to her mother. Her father used to say her mother was running round, and not taking care of l)er. He never spoke kindly about her mother. When he talked about her mother he always had drink. When he had no drink he did not run her down so much. - r

She and her mother were in New Plymouth on Sept. 15 and had met Townsend at the Melbourne corner. Her mother fiad walked on. Witness .had talked to bin? and'tdld him she was staying with Mrs.' Pearce. Then he had asked where her mother was. She had said her mother was staying with her. He had asked her if she tyad a job. She said, “hot yet.”? As he walked off he -said, “well, you’re getting one.” He seemed to ha > been-drinking.

EXPRESSION USED BY FATHER.''

“Did your father ever use any expression having a bearing ou„the case?” said Mr. Weston. . .

“He said, ‘lt’yjust a matte? of £ime,’ - quite a lot,”'said witness. “He used the expression when we were talking of mother.” ' ’

On the night of September 15 witness returned to Airs.' Pearce’s at 10 o’clock and met her father on the back verandah. ■ l, :

She said: “Hullo, what do you want?” ■/. Her father wanted to know if her; mother was there and asked where she* was. Witness said, “at Mrs. Vipkeps’ ” Witness refused to get into a taxi to go to Mrs. Vickers’ and told him! if hfe wanted her mother he should brjijg Jicr t there to have it out. Her father said:,-;,' ‘ “I want to settle with - her.” . She did not. notice whether her father was sober., There was a white taxi at the gate. Her father was in a quarrelsome moqd.i She judged that by comparing'his behaviour then with his behaviour at Hamilton. To Mr. Moss: He seemed worse thah he was at Hamilton. They were threats // that frightened her. , ' ' : . “If your father as he sits there be- //■ lieves that he never made any threats,”' said Mr. Moss, “then he is wrong?” “Yes,” said witness. “How often did you see your father in New Plymouth?” “Sometimes every two or three weeks, and sometimes not for months.”- . -' “He seemed to have some idea about you?”. ' ' ■/. “He seemed to think I was running wild, and said mother wasn’t taking care of me? He had a strong objection to nie dancing.” • i - ?,/;■/ "That was why he wanted you lo go - back to Mrs. Vickers,, wasn’t it?” ■ “Yes.” • . ■ . .... y “As a matte.r of ..fact; you didn’t go out dancing very much?” , ' “No.” ' “Last Easter, your .father took you to , Auckland for a holiday and gave you clothes, food and money. He seemed anxious to provide for you, didn’t he?” “Yes.” To Mr.-Weston: On the back veran- .. dah at Pearce’s her father’s eyes seem-' ed to be wandering, as if he wals not thinking what he was talking about. ‘ DETAILS OF THE TRAGEDY.:. . ■ . / '. .' > ■ J The details of the tragedy were described by Elsie Mary Patchel, a nurse living with Mrs. Vickers. She said Airs. Townsend called at Mrs. Vickers’ house about 6.45,011 the night of September'ls, Mrs. Vickers had gone out just previously. About 10.15 Townsend knocked at the front door. Her niece . Elsie Vickers answered. He asked for Airs. Townsend, who was in the kitchen. On being told she was wanted Mrs. Townsend went to the front door. Next \. ? she called out to Elsie, asking if- she could put the . light on in the sitting) room. On this request being granted Mr. and Airs. Townsend went into the sitting room. ./>- Witness stayed in the kitchen-for a j while and heard Townsend and his wife arguing loudly in the next room. She then went into the sitting room. Town-. ' < send was standing in' the middle of the room near the door leading to the hall. . He had then been there about three,/-;/ minutes. Airs. Townsend seemed to be upset.

Witness then asked Townsend what he wanted. He said he wanted a settlement. She could smell drink.on him, but he was speaking quietly. She asked him to go out and opened the front door and the sitting room door. Mrs Townsend came out into the hall, where she and her husband stood. Witness returned to the kitchen. A few moments later Mrs. Townsend, came into the kitchen, Townsend having gone. Townsend was not in the house half an. hour on that occasion. Soon afterwards Townsend came in at the back door. Mrs. Vickers came in shortly afterwards. Townsend and his wife spoke about Jean. Townsend asked about Jean, her board and her work. Townsend asked Mrs. Townsend to go with him to Jean’s, but she refused to do so. “We wanted to get a taxi for them both,” continued witness, “but Mrs. Townsend would not go.” Townsend then went away again. When he went out of the door he said he would wait for her in the kitchen. Townsend had seemed very calm. At that time witness had not been at all afraid of him. Townsend, said witness, came back avain. Once more he asked Mrs. Townsend to go with him, but she refused. As he was leaving she said she would meet him in the morning. His condition had' not changed during his visits to the kitchen. It was then arranged that Mrs. lownsend should stay the night and sleep in. the sitting room. Witness stayed in the room with her, neither'undressing. .It might have been after 1 a.m. when they went to bed. . , . It was a long time later when they heard a knock at the back door. Witness waited for a while before unlocking the door. No one was there and she locked the door again and returned to the sitting room. KNOCK AT FRENCH WINDOW. There was a knock at the French, window of the sitting room. She pulled the blind up and opened the windows. The light was : bn. Townsend was standing there. The two women decided to let him in and talk quietly till daylight. He asked if Mrs. Townsend would go out with, him to Jean’s. Mrs. Townsend said, “No, come in and sit\down, and I will go with you at daylight,” Townsend was inside , the room, where witness remained' a few minutes. He was asked to take off his coat because .it was wet. He- had an umbrella., Townsend took off his coat and ; pushed his hat back with a careless gesture. He hung, his umbrella on the back of a Townsend began to talk about money and the Lathams and said he had been ruined, witness thought, by his wife s family. They had joked about Townsend’s umbrella. He had still smelt strongly of liquor. Townsend suddenly, changed in his appearance, so witness got up to leave the room. His face went pale and he leaned towards Mrs. Townsend. , He clenched his teeth and witness left the room. “As I got up Mrs. Townsend said, ‘Don’t leave me,’ and as I was going out I heard her say, ‘What do you mean?’ and ‘ls this the end?! I did. not hear any more. Mrs, Townsend did not seem afraid.” i ,

Townsend and Mrs. Townsend had ; followed her out to, the passage. Mrs. Vickers was there. Townsend broke the ear-phone off 'and snapped the cord of the telephone. f‘l heard Mrs. Townsend say, “I’ll ring,’ but I heard nothing else,” said witness. “After that I went to a neigh-/ hour’s for assistance and they rang up the police.” “In. the lower court did you say that by the accused’s looks you became terrified and left the room?” asked Mr. Moss.

“Yes;” said witness. “You told me before that the change was a sudden one?” “Yes.”

9Uan- you remember how long Townsend: had been in the room until his looks changed ?” ; _ , “Some minutes. It' might be ,15 min- ' utes.”- .

“Then the change came over him, you became terrified and left the room. You heard Mrs. Townsend say: ‘What do you mean; is this the end?’ Did you hear Townsend say .anything before that?” “No.” “You were in a position to hear if he had said anything?” . “Yes.” '

“Was Townsend standing up when this change of expression came over his face?”

“Yes, he was leaning with his hands on the back of a chair.”

“She said nothing to cause that change of expression and aggravate him?” . | “No.” ’