NATIONAL PARK TRAGEDY

Taranaki Daily News, 27 February 1931, Page 9

NATIONAL PARK TRAGEDY

FATAL STRUGGLE DESCRIBED SHOOTING CLAIMED ACCIDENTAL. WOMAN’S EVIDENCE FOR DEFENCE COLSTON AND SHE HELD THE GUN.

Bj Telegraph.—Press Association.

. . Hamilton, Last Night. ' Mrs. Tolley was the chief witness today iri the trial of Charles Colston for the alleged murder of Mrs. Anderson af National Park on January 6. She described the events of the morning as slip knew them and detailed a struggle between Colston, Mrs. Anderson and herself in the doorway of Mrs. Anderson’s room, where'the gun, she claimed, went off accidentally. In opening tlie defence Mr. Dickson said the whole of the evidence was circumstantial unless that of the little

boy Gordon. Fisher was to be regarded. The Crown case must be very frail in- > deed if it. had to rely for its only direct evidence on an infant. It was audacity to bring such evidence forward. Counsel contended that the shot marks in the dead woman’s face were consistent with the story of accidental shooting. Lillian Edith Tolley said she had lived apart from her husband for 12J yeans. She lived and worked with Colston since 1925. Describing the incidents that occurred on McFarlane’s farm she said they had intended later to go on to. another farm for which Colston was negotiating. - Four different firms had been written

to asking them to send a case of wine; Three cases had arrived in all. These were not paid for. The first case was consumed Detween Saturday night and 10 o’clock on Sunday morning. Colston was intoxicated when he went to bed. The bulk of the wine was drunk by Colston and Mrs. Tolley’s sister. On Monday night the second case of wine was opened. .Colston went to bed about 2.30. He was very drunk. COLSTON’S CONDITION.

Colston made some pancakes ' for breakfast. Owing to Colston’s condition a little later Mrs. Tolley remarked to her sister: “There will be no pig-hunt-ing if Charlie has more.” She then went into her sister’s room and closed the door from the inside. Colston kicked bh the door and demanded wine. Witness finally opened the door and her sister gave him another drink. Mrs. • Tolley and Colston later went to -the. room they had been occupying, when Mrs. Tolley remembered-a bottle of'wine she had put there on Monday night. It was gone. She asked Colston, - who was sitting on a box outside the house, if he had taken the bottle. He replied in the negative but she could tell by his-looks that he had. Phyllis, who was nearby, said she knew where the bottle was and produced it from beneath the house. Phyllis rah round the side of thb house with the bottle. The next witness knew was that her sister was leaving the house and Ernest Tolley was leaving with a pea-rifle. Mrs. Anderson was saying: “Go after him with the pea-rifle.” Mrs.'-Tolley did not know what it was all about and asked her sister not to send the boy after Colston. Mrs. Tolley and her.sister then went round the side of the house, where they had an argument over sending the boy after Colston. Witness did not know at this time that Colston had followed Phyllis with * "gun." ” Mrs. Tolley went inside to see if the wun were there. ’Her sister followed her and they had a 'further.; argument in ’Colston’s room. On the bed was a knife in * sheath. There was n'o attempt by either her sister or herself to use the knife, which must have been, knocked off the bed in the' struggle. When Storr entered the room and tried to separate them her sister asked him to go for the police. Later Ernest Tolley managed to separate Mrs. Tolley and her sister and took Mrs. Anderson to her room. Mrs. Tolley decided to go outside and see what the trouble was. As she reached the side of the house she saw Colston, coming over the back ..’fence. She said: “Charlie, what are you doing!” Before she reached him he had fired into her sister’s ’ car. She had not heard a shot fired prior to that. She knew then that he was practically . out of his mind. She took the gun from him and placed it inside the porch door. She‘went to find Phyllis. She had gone as far aS" the fence when she heard a noise. Her sister at the time was in her room with Ernest. STRUGGLE IN BEDROOM. -On hearing the noise Mrs. Tolley turned back to the house and'as she reached the door she saw her sister just going'into her bedroom with the gun. Mrs. Tolley made a rush to get the weapon. When she reached Mrs. Anderson’s room she found that Ernest had gone. She took hold of the gun but her bister,, being bigger than witness, had the better of the struggle for ths time. Mrs. Tolley called for Ernie when Colston came to the door. It was during the struggle in the doorway between witness, her sister and Colston that Mrs. Anderson stumbled and fell •nd the gun went off. Mr. Dickson Who was handling the gun at the time it went off!”—Colston and I.”

“Who pulled the trigger!”—“l don’t know. It might have been Colston or it'might have been me.” t ''" Mrs. Tolley said her sister fell as the gun went off. Witness rushed forward and with a blanket from the floor wiped the blood from her sister’s face. Mrs. Anderson had fallen with her legs doubled under her and her head in the corner. Mrs. Tolley turned her round to get her legs from under her. When the - gun fell after the shot was fired it struck Mrs. Tolley’s toe. After moving her sister Mrs. Tolley picked up the gun and went outside. She placed the gun behind the woodshed and then went back and taking the little boy Gordon went as fast as she eoUld to. National Park for help.'During the struggle for the gun the little boy had been creeping round hig mother. His hand was cut and Mrs. Tolley at first thought he had stopped a pellet from the gun. Mrs.- Tolley was within half a mile of the station when she heard a car behind her. She saw that the driver was her son Ernest, who stopped and picked her up. Colston was also in the car. Mrs. Tolley remarked: “My God, she’s been shot in the face!” A little later they met Jack Storr returning from the store. Mrs. Tojley asked him: “Have you done anything!” He replied: “No.” - When they reached the station Colaton alighted first and Warder Glynn, who was alreadv there, asked him: “Are you the man who is doing all the •hooting!” Mrs. Tolley answered: “There has been no shooting; it an -accident. You cannot take him; he didn’t do it.” Mr. Dickson: “Did you say she had shot herself!”—“No, I said it went off itself.”

Mrs. Tolley said that on the morning of the tragedy she had had only three «mall portions of wine.