MURDER CHARGE FAILURE

Taranaki Daily News, 23 May 1934, Page 9

MURDER CHARGE FAILURE

HENRY CAPEWELL SET FREE JUDGE AGREES WITH THE VERDICT INFLICTION OF WOUNDS BY KNIFE. EVIDENCE GIVEN BY MEDICAL MEN By Telegraph—Press Association. Napier, Last Night. The jury found Henry Capewell pot guilty on the charge of the murder of John Williams at Porangahau on March 11. “I may say I think you are quite right,” commented Mr. Justice Blair to the foreman of the jury on its return. Capewell was accordingly discharged. When the hearing of the charge against Capewell was continued Dr. Raymond, in cross-examination, said all the wounds except one on Williams could have been inflicted in a struggle for possession of the knife. It was conceivable that even the fatal wound was commenced with the knife held by Williams, but in such a case Williams must have released his hold before the wound was completed. His Honour: And the farther Williams’ arm was pushed back the greater would be the tendency for his hand to open? Dr. Raymond: Yes.

Dr. Fisher said the fatal wound could not have been inflicted if Williams had been holding the knife. The fatal wound required considerable force.

At the conclusion of the Crown’s case the judge remarked that it was either a case of manslaughter or “nothing. Mr. Harper (for Capewell): Under the circumstances I will not call evidence. The Crown Prosecutor: It would be wrong of me as representing the Crown to ask the jury to convict on a murder charge.