Arundel Murder Case

Timaru Herald, Volume CXLIII, Issue 20862, 19 October 1937, Page 5

Arundel Murder Case

ACCUSED BEFORE COURT

TWENTY-EIGHT WITNESSES HEARD

Randall Reginald David Smith, aged 26, labourer, of no fixed abode, appeared in the Magistrate’s Court in Timaru yesterday, before Mr H. Morgan, S.M., on a charge of the murder of William Gaby at Arundel on September 10. The Court sat six and a quarter hours, a two-hour session being held last night, and in all 28 witnesses were heard, leaving 10 still to be called this morning. The case for the Crown is being conducted by Mr W. D. Campbell, while the accused is represented by Dr. A. L. Haslam, of Christchurch.

A majority of the 38 witnesses have been drawn from between Christchurch and Timaru, although a few have come from the south, and one from Auckland. The exhibits in the case also cover a very wide range, there being on view in the Court part of the blood-stained flooring of Gaby’s shop where the body was found, a goodly collection of clothes, a hurricane lantern, firewood, a box which served as a door step, a kerosene tin used for holding pig food, numerous articles from the store and a host of other smaller exhibits.

Accused, who was attired in a grey sports coat and grey flannel trousers, took a keen Interest in the proceedings, and declined to Sit in the dock, even after counsel had secured the permission of the Court for him to do so. Twice only during the day did accused make any comment, the first occasion being after the charge had been read, when he uttered an obscene expression, and again during last night’s session, when he called a witness a liar.

John Alexander McComb, farm labourer, of Arundel, said that he had known Gaby, been a storekeeper, for 19 i years. The store faced the main north road at Arundel. He remembered the evening of Friday, September 10. for on that night he saw Gaby at his store between 7.30 and 8 o’clock. He and Gaby were in the kitchen, which was at the back of the building, most of the time. It was dark while he was at the store. The shop was open, and there was a light in it, and also in the kitchen. Besides the electric light in the kitchen there was a hurricane lamp, which was standing near the back door, alongside an empty kerosene tin used as a pig bucket. A wood box stood behind the door. There were two other people in the house while he was there, the first being Hector Sim, who lived up the Maronan Road, and the second was Lawrence Johnston, a lad from Arundel. The latter went home when witness went home. Sim left earlier, and when witness and Johnston left, there was no one with Gaby. When they left the lights were on in the shop and also in the kitchen. Discovery of Body Charles Goodwill Johnston, labourer, residing at Arundel, said that he knew Gaby very well. He last saw him alive at dinner time on Thursday. September 9. At that time he was in his ordinary • state of health. Witness next visited the store on the Saturday morning about 10 o’clock. The petrol bowser was open, the slide being down and the oil cans out in their place, but the door of the shop was closed. Finding the shop shut, witness went to the back of the store, passing through a small gate at the side of the building. When he reached the back he noticed that the door of Gaby’s hut was open. Tills hut had been used as a dairy. He Inspected this first, but Gaby was not there, so he went to the back door of the shop and called out "Are you there Bill?’’ Not getting an answer, he opened the door, and saw Gaby lying on the floor face down, his feet being about a yard from the door. Gaby was fully dressed. Witness surmised that Gaby was dead, but he did not touch the body. He then called the nearest neighbour, Edward Mathieson, and when lie arrived they entered the premises. They did not disturb anything, but Mathieson went away to communicate with the police, witness remaining at the shop. They remained there until Constable D. Callanan and Dr. Mail arrived from Geraldine. Appeared Happy Clarice May Mathieson, married woman, residing at Arundel, said that Gaby had been in the habit of securing scraps from her for his pigs. He had been doing this for a Week or 10 days. On the night of September 10 she had left some scrips out for Gaby in a kerosene bucket. Next morning this bucket was gone, and another one had been left in its place. She did not know who had removed the bucket. On the Friday evening she visited Gaby’s store to secure a paper, and Gaby was then in his usual health, and seemed to be quite happy. She and her husband then went to Geraldine, ahd she did not see him again that night. Gaby often secured vegetables from her. and if she was not at home, he would help himself. Hugh Harkness Pattison, farm hand, of Ruapuna, said that on the evening of Friday, September 10. he was in Geraldine. The route to Geraldine from Ruapuna took him past Gaby's store at Arundel. He saw Gaby as he passed, and he was walking away from the shop in a southerly direction. He had a lamp in his hand. It was about 8.15 when h- saw Gaby. The lights were all on In the shop at this time. On his return home about 9.30 he again passed the shop, but it was then in darkness. Constable Callanan, of Geraldine,

said that at 10.20 a.m. on September 11 he received a telephone message from Arundel from Edward Mathieson, and as a result he went to Gaby’s store at Arundel, accompanied by Dr. Mail. On going to the back of the store, he saw a kerosene tin on the ground, also a paper bag containing potatoes, a hurricane lamp, which had been upset and a box of matches. All these goods were close to the back door. He opened the door, which was closed but not locked, and saw the body of Gaby lying face downwards a yard from the back door. His hands were tied by the wrists behind his back with a bootlace. His legs also were tied with a bootlace, and there was a loose bootlace lying across the ankles. On the floor of the kitchen were some loose mlntles, and on the floor, in the door leading into the shop, was a sixpenny piece. On the floor, inside the bedroom, was another sixpence, and inside the shop, near the till, there was money lying on the floor. Near the head of the body there was blood on the floor. The body was not interfered with by witness or Dr. Mall, other than the doctor satisfying himself that Gaby was dead, until the arrival of Incpector Shanahan, Detective-Ser-geant E. Thomas, and Detective N. Kempt, from Timaru. Witness said that he had been in charge of the Geraldine district for 20 years, and he knew of a man named David Bell, who resided in the Carew district. In the same district was a man named Jack O’Brien. Doctor’s Evidence Dr. L. C. Mall, of Geraldine, said that he accompanied Constable Callanan to Gaby’s store, where he saw the body of the deceased lying on the floor. The body was lying face downwards, parallel to the left hand wall and a yard from it. Gaby’s hands were tied behind his back with a piece of bootlace, and the feet also were loosely tied with a bootlace. Gaby had been dead for some considerable time. There was blood and some liquid from the body on the floor, and there were bloodstains Just inside the door. He did not examine the body until asked to do so by the detectives, and he then turned the body over and made a very superficial examination, finding that there was a wound on the left temple about an inch above the left eye. There was also a mark over the right eye. In his opinion the wound over the left eye appeared to have been caused by some heavy blunt instrument. It was unlikely that the wound had been caused by a fall. A piece of wood, similar to that found in Gaby’s wood box could have caused the wound. The neck and face were very congested, swollen and livid, which suggested suffocation. Witness knew the deceased well. He could not say anything about his health recently, but about four years ago he was not well. Evidence as to the removal of the body from Arundel to Timaru was given by Constable J. Best.

Constable W. J. Watt, of Waimate and formerly of Timaru, said that on September 14 he was making inquiries in regard to the death of Gaby. He went to Levey’s boarding house In Barnard Street in Timaru and searched a room there. In a drawer in the dresser he found a fawn coloured overcoat and a tie, both of which he took charge of. In another drawer in the room he found an unemployment registration card, and in the same drawer he found 15 halfpennies covered over with a newspaper, and In a saucer on the dresser he found 20 white peppermint lollies. On September 16, as a result of a telephone call, he again visited this room, and underneath the oilcloth at the back of the dresser he found a further quantity of halfpennies. On a ledge above the wardrobe he found more halfpennies and pennies. Altogether there were 57 halfpennies and seven pennies found 1- the room. Clothing Found Senior-Sergeant D. J. Hewitt, of Timaru, stated that he received the clothing which Gaby had been wearing when found, and he delivered it to Dr. Thomson, of Christchurch. On Monday, September 13, he took possession of a parcel of clothing from McClelland's draper’s shop in Timaru, and this clothing he also delivered to Dr. Thomson. In addition to the clothing, he secured from McClelland’s a pair of men’s working boots and an empty shoe box. On Tuesday, September 14, he received a raincoat and a tie from Constable Watt ahd the coat he delivered to Dr. Thomson in Christchurch, but witness retained the tie. Included in the clothing, he took from McClelland’s was a coat, in the left-hand pocket of which he found two mint lollies. The lollies found in the coat and those found in the boarding-house by Constable Watt were similar. Witness was at Gaby’s store on September 12, and while there he saw one or two lollies on the floor in the kitchen which were similar to those found by witness and Constable Watt in Timaru. Dr. C. S. Fraser, of Timaru, stated

that he performed a post-mortem exammation on the body of Gaby, and in his opinion death was due to concussion of the brain and shock. The blow over the left eye would be in accordance with the appearance of the brain. There was a lacerated wound one and a-half inches long and a quarter of an inch wide extending in an upward and outward direction in the left frontal region, and in his opinion this wound had been caused by a blunt Instrument. It would have taken some force to cause such a wound. Apart from this injury he could find no other cause for death. Witness removed the brain and gave it to the pathologist. He also took two phials of blood and these also he sent to Dr. Thomson. Even though a man was suffering from concussion he was capable of making sounds. To the Magistrate: He also found an old adhesion to the right lung, but this had nothing to do with Gaby's death. To Mr Campbell: The condition of the heart for a man of Gaby’s age was excellent. Stains Tested Dr. E. F. Thomson, assistant pathologist at the Christchurch Hospital, said that he also conducted a post-mortem examination of the body of Gaby, following the exammation by Dr. Fraser. Witness did not see the heart or the lungs. In witness’s opinion the cause of death was concussion of the brain and shock following an Injury to the head. Witness described the wound in similar manner to Dr. Fraser and added that over the right eye-brow there was a blueish discolouration of the skin, with a slight depression, which could be felt. Underneath the skin a ridging of the bone, running in a transverse direction, could be felt. There were superficial abrasions of the neck and a bruise on the right elbow, but the skull was not fractured. A wound such as that he saw on Gaby was usually caused by a blunt Instrument. He thought it unlikely that a plnch-bar, similar to that produced, had been used, for it would m all probability have fractured the skull. He found Internal evidence of the blow on the head, this being oedema or swelling of the brain tissue, with the presence of minute pm point haemorrhages. These were typical of concussion of the brain. The skin from the forehead showing the abrasion and a piece of the skull were produced by Dr. Thomson, who went on to say that he also visited Gaby’s store at Arundel. He took away some earth from outside the back door showing a stain resembling a blood stain. He later tested this and found that the stain was human blood. There were two stains on the back door and they were removed by taking shavings off the door. These also were found to be human blood. Witness scraped some of the blood clot from the kitchen floor and placed it in a bottle. A test revealed this to be human blood.

Witness went on to say that he received spinters of wood, on which were stains, alleged to have come from the kitchen floor, and these stains were due to human blood. A ramcoat, secured from Timaru, was handed to him on September 17. There were several stains on the raincoat, but he paid particular attention to one patch about nine inches by seven Inches below the right outside pocket. This patch appeared as though it might have been sponged. Witness removed a piece of cloth three inches by two and a-half inches from this area, and tested it for the presence of blood stains. The result of the test indicated that the stain was due to human blood. He removed another stain which was about seven inches above the right hem of the coat, and this stain also gave the reactions of human blood. Witness also removed a portion of unstained cloth from between the shoulders of the coat, but this piece did not give the reaction of human blood. A pair of grey flannel trousers was liand-

ed to him by Senior-Sergeant Hewitt, in Christchurch, and he found on the inside of the left leg of the trousers nine small reddish brown stains. Two of these were tested and gave the reactions for human blood. A portion of unstained cloth from the right leg was tested, but did not give the reaction for human blood. A boot, to fit the right foot, was handed to Dr. Thomson, who said that it was handed to him on September 17. There was a small reddish brown stain on the upper part of the boot and when tested it gave the reaction for human blood. The left boot had two small stains on the upper, and both gave the reaction for human blood. Witness tested the coat Gaby was wearing when the body was found, and said that there were smears and stains on the left lapel and on the left shoulder. There were also reddish brown stains on the back of the <wit. and all these were strongly positivei for human blood. A small portion of cloth from the left upper pocket, which was unstained, gave negative results when tested. Witness next dealt with a scarf handed to him by Senior-Sergeant Hewitt; and said that there were numerous thick dark stains on the scarf, and they gave positive reactions for human blood. Witness detailed having tested stains on other articles of clothing worn by Gaby, and in each case there was a positive reaction. Blood Groups To Mr Campbell, witness said that in his opinion, blood would flow from the wound on Gaby’s head. Mr Campbell: Is it possible to show that the blood came from a certain person?—There are four human blood groups, and it is possible to. test a stain and place it in its respective group. It Is impossible to say that any

stain is from any one particular individual. Supposing you had an individual's blood, and a stain was not of that group, then it would be a negative test? —Yes. It is possible to say, if a stain and sample are not the same, that they do not belong to the same group, and therefore do not come from the same individual. Have you made any investigations which would show whether the stains tested and the blood of Gaby belong to the same group?—l have not completed the investigations. I have grouped Gaby’s blood and it belongs to group B. I am now engaged grouping the stains. What Detective Found Detective-Sergeant E. M. Thomas, of Timaru, said that on September 11, accompanied by Inspector Shanahan and Detective Kempt, he went to Arundel. He found the body of Gaby lying in a pool of blood. The hands were tied behind the back with a new chrome boot lace. One end was tied tightly round the left wrist, and the other end was round the right wrist in a loose knot. The ankles were also tied with a boot lace, which would not go round each ankle, but was tied in a loose knot at the back of the legs. A third lace was lying loosely over the back of the legs Just above the ankles. Hanging on a shelf in the shop were a number of leather laces, and he took possession of two. Lying on the kitchen floor, 15 inches from the left wall, and in a line with the thighs of the deceased was a peppermint lolly. At a distance of one foot In from the shop door, and on the kitchen floor, w'as another peppermint lolly. In a glass jar on a shelf in the shop were peppermint lollies, similar to those found on the floor. Lying on the kitchen floor, in a line with the peppermint lollies, was a lucky-charm clock. Also on the floor, at the far end of the table from tire body, he found another peppermint lolly. There were a number of stains on the floor, and one of these appeared as though something had been dragged over it. The back of deceased’s coat had dirt on it, and appeared as though it had been dragged. Just outside the back door was a box, which served as a step, and across the top of this box, over the doorstep and across the floor boards to the left toe of the body was a freshly made mark. It appeared to have been made by the toe of one of deceased’s boots. Just inside the door, between the door and the fire-place was a box containing wood, which varied in length and thickness. The till In the shop, which was of the Tucker type, under the counter, contained 10/- in silver and 3*d. Lying on the floor of the shop behind the counter, down from the till, he found 12 pennies, 17 halfpennies and a sixpence. In an unlocked cupboard at the back of the counter he found five half-crowns and four florins In a tin. In an unlocked cash box In this same cupboard he found 40 pennies, 60 half-pennies and 10/9 In sixpences and threepences. He also found a leather glove on the floor. The front door was closed and locked, and in It was a key which also operated the lock on the back door. In a storeroom he found a glove, but no mate to this glove was found on the premises. Here he also found an iron pinch-bar or box opener. A sixpenny piece was found on the floor In the bedroom. The bed had not been slept in. In an unlocked cupboard in the bedroom witness found £l4/10/- in notes, and in a tobacco tin in the same cupboard he found 28 half-pennies and 27/6 in pennies. Just round the northwest corner of the building, lying on the ground, he found a leather glove, which appeared to be the mate to the glove found under the counter. Also on the ground at the back of the premises was a kerosene tin, which had been tipped over. This tin had contained potato peelings, cabbage leaves and other scraps, which had been tipped out. The kerosene lamp was lying on its side, and the kerosene had leaked out. Alongside the lantern was a small brown paper bag containing potatoes. Lying nearby was a small box of matches. There was a stain on the ground near the lamp which appeared to be a blood stain. Witness went on to say that there were a number of boards outside the back door, and one of these bore a freshly made mark. He was present when the accused wrote out a statement for Detective-Sergeant Bickerdike. Detective N. Kempt, of Timaru, gave evidence as to having taken photographs at the store at Arundel, and similar evidence was given by Constable J. B. Kearton, official police photographer, stationed at Christchurch. He produced a large number of photographs taken inside and outside the building, and also detailed numerous measurements which he had taken. Witness stated that he had photographed the soles of a pair of boots found in McClelland’s shop in Timaru and this photograph when compared with a photograph of nail marks on the floor at the shop showed that the nails and the marks corresponded. Accused Borrows Money Robin Gordon McDonald, labourer, Alford Forest, said that he met the accused about the first week In September. He met him in Bell's Private Hotel in Christchurch. On Tuesday, September 7 he saw the accused and they discussed a woodcutting and logging Job at Alford Forest. On the Tuesday evening accused asked for the loan of 2/6 which he would return next day when he kaw his father, who was at Methven. Accused said he had no moiqey and witness loaned him 4/-. On the following day witness and accused went to Alford Forest by truck, and they agreed to take on the job. Witness returned to Christchurch that evening, but accused remained, stating that his father was in the same line of work, and they could procure a good many of the tools they required from him. Accused also said he could borrow his brother's truck, and witness gave accused £1 towards the expenses of the return trip on the understanding that accused refunded half the cost from the earnings from the Job. Witness had not seen the accused again until he (witness) came into Court that day. After the witness had signed his depositions and was passing the prisoner’s box accused turned to him arid said “You liar.” Thomas Buttimoye, manager of the People’s Palace, Christchurch, said that he had met the accused on two occasions. The second of these was on the afternoon of September 7, when he asked for credit for bed and breakfast, and this was granted. Accused had not paid for this. Albert Arthur Parkin, motor driver, residing in Christchurch, said that he drove a motor truck round the district, making occasional trips to and from

Alford Forest. On September 8 he drove the accused to Alford Forest, but dropped him at Methven on the return trip. He saw the accused the following day, and he was then about a mile and a half from Alford Forest. Accused got on the truck and went into Alford Forest. Accused went to borrow a "push” bike, but witness did not see him ride away. William Nixon, boardinghouse keeper, Mt. Somers, said that accused called at his house on September 9 for a night's lodging. He was given tea, bed and breakfast, for which he paid. Witness conversed with the accused, who was walking when he arrived at the house. When he left accused headed in the direction of Mayfield. Samuel James Hughes, lorry driver, of Mayfield, said that he picked the accused up at Mt. Somers on September 10, and gave him a ride to the cross-roads at Mayfield. Accused asked how far it was to Carew, and witness replied that he did not know. AU he knew was that it was 16 miles to the Rangitata Bridge. He did not know what time it was when he left the accused, but it was in the morning. Seen in Gaby’s Store John Henry Rule, drover, of Geraldine, said that he knew Gaby. On Friday, September 10, he saw Gaby in his store at 3.30 p.m. There was one other person in the store at the time, and it was the accused. He was talking to Gaby about an accident to a man named Bell. Accused said he

heard of the accident before he went to Australia. There was a good deal of money in the till, and this would be visible to the accused, as witness could also see it. Accused was dressed in light clothes and was carrying an overcoat.

Alastair Laugeson, manager of Motorways, Sockburn, said that on Friday, September 10, he went by car from Sockbum to Oamaru. He was travelling alone in a three-seater car, and he reached the Rangitata bridge about 8.30 p.m. On the Christchurch side of the bridge, he saw a man standing on the road. He held up his hand and witness stopped and gave him a ride as tar as Timaru. He could not recognise the man again. All he could remember was that he was wearing light clothes. Their conversation on the trip was mostly about Australia. The man got out of his car outside Lister's Motors in Timaru, and asked where he could get a taxi. The man appeared to be suffering from a cold, and coughed repeatedly. Andrew Fraser, taxi proprietor, residing in Timaru, said that lie was on the stand in Canon Street on the night of September 10. About 9.30 a man approached him and asked if he knew where there was a quiet boarding house, and he took the man to No. 4 Barnard Street. The house was owned by Mrs Levey, and she agreed to give the man board. The fare was 1/6, and the man tendered a pound note and said “make it half a crown.” Mr Campbell: And you made it half a crown.” (Laughter.) Did the man order a car?—Yes, for 8.45 o’clock next morning, and gave the name of Leckie. At Boarding House Honour Levey, boardinghouse keeper, said that she kept premises next to the Queen’s Hotel, in Barnard Street. Between 9.30 and 10 p.m. on September 10, Andrew Fraser, taxi-driver brought a man who booked in for bed, breakfast and tea, giving the name of Leckie. She recognised the accused as the man who stayed at her house. He was wearing a light grey suit, and was carrying an overcoat. Accused had breakfast and did not return for any more meals. When accused went away he was wearing the grey suit, but when he came back between 10 and 11 he was wearing a new suit, and also had on patent leather shoes. The charge for the bed and breakfast was 6/-, and accused told her to make it 8/-, and he paid this amount. After accused left, witness noticed some small pieces of wood on the floor, and they were not there before he occupied the room. On the following Monday or Tuesday, Constable Watt called at the house, and she showed him the room Leckie had occupied. No-one else had been in the room to’the interval. She saw the constable find an overcoat and other clothes which had been rolled up in a drawer, and also some pennies. Witness herself found some pennies a day or so later under the oilcloth near the window. She Informed the police, and Constable Watt made another visit, finding more pennies. Drive in Taxi Leslie Bates, taxi driver, stated that he picked the accused up at a boarding house on the morning of September 11, and he asked to be driven to a gent’s outfitter’s. He drove him to McClelland's, where he remained for about half an hour. On his return accused was wearing the same clothes. He then said he wanted a new pair of shoes and witness drove him to Nixon’s in Stafford Street. Accused had a parcel in his hand when he came out. The next call was to de Joux’s barber’s shop. Accused then said he had to be back at McClelland’s at 10 o’clock and asked witness to drive him round until then. At 10 o’clock accused paid witness 12/- and told him to return at 10.30, which he did. Accused was then wearing new clothes and patent leather shoes. Bought New Clothes Mathew Donovan, salesman employed by S. G. McClelland, men’s outfitter, said that accused called at the shop and said he had about £6 and desired a complete outfit. Witness suggested a sports coat and a pair of flannel trousers, and these accused purchased at £2/16/-. He also bought a hat at 8/6-, a shirt, tie, socks and scarf, lire total cost of all the articles was £4/5/10. The trousers had to be lengthened and accused went away and

returned at 10 o’clock. Accused changed into the clothes in the shop, and decided to buy a singlet, which cost 2/11. All the discarded clothes, and an empty cardboard boot box accused left in the fitting room. He gave the name of Leckie, and said that he would return and collect the goods he had left. Accused said that he was going south, and asked what time the train left. Witness suggested a bus, and on inquiry found that one left at 11 o’clock, and accused said that he would catch this. He left the shop at 10.20, and did not return. Desmond Ruddle, shop assistant, gave evidence as to having sold a pair of patent leather shoes to the accused for 10/6. He tendered a £1 note in payment. Oswald Richard Rudd, motor service driver, for New Zealand Railways, said that on tlfe morning of September 11 he left Timaru for Waimate at 11 o’clock. A man asked him if the bus outside Dister's was for Dunedin, and witness replied in the affirmative. Accused presented a ticket, the name on it being Leckie. Henry John Parsons, service driver. Port Chalmers, said that on Saturday, September 11, he took a bus from Dunedin to Oamaru, and back, leaving Oamaru on the return trip at 1.15, arriving back at 4.10 p.m. He could not say if there was a passenger by the name of Leckie on the bus, but he had one through passenger for Dunedin, and he was the accused. At this stage the court adjourned until 10 o’clock this morning.