CROWN CALLS EVIDENCE

Taranaki Daily News, 25 February 1931, Page 7

CROWN CALLS EVIDENCE

national PARK TRAGEDY

CHARGE AGAINST COLSTON

EVIDENCE OF YOUNG MEN

FREQUENT WINE DRINKING

By Telssraph.—Press Association. Hamilton, Last Night

The trial of Charles Colston, aged 38, for the alleged murder' of Alice Rose Florence Anderson at National Park on January (1 was continued in the Supreme Court at Hamilton to-day.

John Ernest Storr, aged 16, said in the spring of this year he became acquainted with Ernest Tolley. Through him he came to know Mrs. Anderson, who was then known an Mrs. Fisher. Shortly before Christmas the two families, the Fishers and the Tolleys, decided to go into the King Country. Witness was invited to accompany them.

Before leaving witness was scut by Mr 6. Ahdemon to purchase a gun. He w as told to use an assumed name. lie also bought so.me cartridges. They eventually arrived at McFarlane’s farm. On Saturday, January 3, a case of wine Was brought to the house by Mrs. Anderson. The case was opened the same night afid a large quantity was consumed by the three adults. He believed the whole of the dozen quart bottles was coiisumed by ijibout 10 o’clock on Sunday morning. , On Monday evening another case of a dozen bottles of wine arrived and was opened after tea. Mrs. Tolley was the first to rise on Tuesday. Colston later arose and further drinking took place in Mrs, Anderson’s room before and after breakfast. Witness added that during the evening an argument took place between the three adults and Phyllis Tolley over a missing bottle of wine. Witness heard Colstdn remark: Til shoot the .” Witness understood the reference to be to Phyllis Colston. He then went to his room.

Witness entered Mrs. Anderson’s room. Ho closed the door and bolted it on the inside. While there he hoard Colston when passing on his • way out of the house open and close the breech of a gun. After he had gone witness followed him out. As be got outside he saw Colston disappearing over a knoll. A few seconds later he heard a shot, which seemed to be from the <run Colston was carrying. Witness then saw Phyllis running up the slope of another knoll about 300 yards ahead of Colston.

WOMEN FIGHTING IN THE HOU§E

Witness then returned to the house and found the two women fighting in Colston’s room. Mrs. Tolley was ion the floor holding Airs. Anderson’s hiiir on the floor. Between the two women was a knife in a sheath. Witness picked it up and put it in his pocket. He tried arid failed to separate the women. Afraid of what was going to happen, lie ran odt of the house and encountered Ernest Tolley, whom he asked for a bridle. Securing one from the shed, witness ran to the front gate and out towards Green’s farm, where he knew there was a horse. His intention was to ride away and call the police. AS he was leaving McFarlane’s farm he heard Ernest Tolley inside the house trying to placate the two women. As witness was on his way to Green’s farm he heard two shots fired. On catching the horse he galloped to National Park station, where he got the stationmaster to telephone to the police. Shortly afterwards he saw Mrs. Anderson’s car coming round, a bend of the Upper Retaruke Road. Ernest Tolley was driving, Colston sitting beside him, and Airs. Tolley was in the back with the little boy Anderson. Witness stopped the car. He then rode towards McFarlane’s farm, and when on the way Phyllis emerged from the bush and called out to him. She was half crying. He took her on to the horse with him and dropped her at Green’s farm. He then rode on to McFarlane’s. After tying up his horse he called to Airs. Anderson;' but getting no reply entered the house . and found her lying ou the floor in her room. Her feet were towards the window and her face half downwards and smothered with blood. There was a patch of red upon her breast and a pool of blood upon the floor. There were also blood stains on the wall opposite the window.

COLSTON’S CHANGE OF CLOTHING.

When witness left the house to go for the police the window in Mrs, Anderson’s room was intact. Witness said when he saw Colston in the car he had changed his clothing. Asked if the wine he drank on Tuesday morning affected him at all, witness replied that it did not. It did the night before, however. Witness said Monday was spent in drinking and card playing. During the night Colston was sick.

In further reply to Mr. Dickson, counsel for the accused, witness said he had seen Mrs. Tolley fire one shot from the wun. She fired at a treacle tin to test the spread of shot with one brand of cartridge. Colston then tried the spread with another brand. He thought Mi's. Tolley was a fair shot. He was not aware that she usually carried in a pocket in her dress. Ernest Edward Albert Tolley, aged 15, said the gun was used mostly by Co’lston and himself. He gave evidcnee similar to Storr’s regarding the consumption of wine. During an argument between the adults later concerning the "planting” of some wine, he heard Colston say that Phyllis had taken it. phvllis late? left the house. As she did so Colston rose from the box on which he was sitting outside and went into tne house, stumbling. Colston left shortly afterwards with the G-uii. He went in the direction Phyllis had gone. Witness then got a pearifle and followed Colston. His aunt, Mrs. Anderson, tried to take the rifle from witness. She wanted to go after Colston herself. Her intention was to shoot Colston if he shot Phyllis. Witness followed Colston for a distance. He saw his sister on a hill and he called out to her to run. Phyllis started to run. Returning to the house immediately afterwards witness found his mother and his aunt fighting. His mother was on the bed and Mrs. Anderson was standing beside her. His mother was trying to kick .Mrs. Anderson. He managed to, get Mrs. Anderson to her own room and bolted the door o- the inside. While he was still in the room Colston returned and kicked on the door of Mrs. Anderson's room. Witness then became alarmed, smashed the window with the butt of the rifle and got out. He ran across the road and into the bush, where he remained about half an hour. He heard no shots.

IN MRS. ANDERSON’S ROOM.

On his return ;to the house there was nobody about. He climbed up a ladder and looked through Mrs. Anderson’s window. Entering the room he saw Mrs. Anderson on the floor. She was still breathing. He turned her over, then left her and went out and, got the car. He drove towards the station, and when about a mile down the road overtook Colston, . who seemed to be shivering and crying. He was then wearing a navy suit. Prior to the tragedy Colston had been wearing old clothes. Further on Witness overtook his mother and the little boy Anderson. ' . Cross-examined, witness said that Colston consumed a large quantity of wine and was drunk. Answering counsel for the defence, Witness said at the time of the light his mother was hysterical and his aunt drunk. Colston drank most of the wine on tile morning of the tragedy. ‘Phyllis Olga Tolley, aged 14, described the “planting” of bottles. Colston was angry with her and she ran from the house*. She heard a shot fired, but did not see Colston follow her. She was present when the little boy Gordon Fisher was questioned by a detective. The detective asked him who was fighting with the gun. He replied “Auntie Lillie.” The detective asked who else and he answ-red “Uncle Charlie’s mummy and the guii made a big bang and mummy shot herself.” Witness -aid her aunt and Colston were more or less drunk. Colston did not know what he was doing in her opinion. Hawtry Warren Glynn, warder at Waikune prison camp, said he saw Colston on the 1 National Park station. He said. “Is your name Colston?” He replied, “Yes.” Witness said. “You are the man who is running round, the country with a gun; we want you.” Mrs., Tolley called out several times, “You leave him alone, he didn't do it; she did it herself.” Colston interrupted, saying, “You can take me.” Mrs. Tolley then said somebody had been hurt, and witness understood that a girl had been hurt and asked 'f such was the case. Co’ston replied. “I don't know. There was a lot of blood. It’s Mrs. Fisher that’s been shot, you know.’’ He said ho and Mrs. Fisher had been struggling for a gun when the weapon went off under her chin. ■ The trial was adjourned till to-mor-row.