END OF MURDER TRIAL

Timaru Herald, Volume CXLV, Issue 21183, 2 November 1938, Page 9

END OF MURDER TRIAL

Accused Guilty of Manslaughter Twelve Years’ Hard Labour By Telegraph— Press Association NAPIER, November 1. The trial of Colin Herbert Hercock, aged 21 years, the Walpawa grocer's assistant, who is charged with the murder of Mrs Isobel Annie Aves, on Sunday, October 2, commenced in the Supreme Court before the Chief Justice, Sir Michael Myers. The accused is represented by Mr C. H. Weston K.C., of Wellington, assisted by Mr C. G. E. Harker. Evidence was given by Percy Sorrell, a photographer, Dorothy Stafford, a domestic, and Dr Allan. The two latter witnesses said the accused had been in a very worried condition. Dr Allan said the previous witness had been very ill and displayed certain signs of danger. James Robert Donovan, a diver, detailed the recovery of a rifle from the sea bottom. A brother of the accused, T. J. Hercock, gave evidence of his brother’s coming home on the Sunday night while he was in bed, and asking for his bullets, Hercock said his brother had fossicked round behind a dressing table, but he had not seen him get anything. Counsel for Hercock did not ask any questions. Evidence of Mother Accused’s mother (Mrs Beatrice Margaret Hercock) said that she had always thought her son’s name to be Colin Walter. Recently she had got his birth certificate and had found his name to be Colin Herbert. On the night Mrs Aves was shot, her son had been very white, and he appeared hollow round the eyes. He did not seem to want any tea that night. In reply to a question by Mr Weston, witness said her son was very quiet, and appeared to be worried. Her family had always liked Miss Stafford.

“On the night of October 3, I was at Mrs Aves’s house at Westshore,” Robert Buddicomb, waterside worker, Westshore, said in his evidence. He had gone to Mrs Aves’s house on Saturday and had remained there overnight. He gave evidence as to someone coming to the house during Sunday night. At the time he was standing in her bedroom. “I’m Shot” Mrs Aves went to the front door, Buddicomb said. He then heard a sharp sound and a scream from Mrs Aves, and then she said “I’m shot.” Witness stepped out of the bedroom and Mrs Aves caught hold of him. He saw a figure at the bottom of the steps.

He saw a man go out the gateway and run along and get into a car. The opening of the door, the noise and the scream all followed very closely to one another.

Dr James A. Berry gave evidence as to the attending of Mrs Aves after the shooting. He also described the injuries. Dr Berry said from the directi'n of the wounds the rifle had apparently not been put to the shoulder b .t had been fired from a lower level. There had been an astonishing amount of injury inside the abdomen for such a small bullet. Questioned as to the sanity of people under certain conditions, Dr Berry said that from his experience he had found it possible for a man not to be able to form a coherent opinion at midnight,

and yet be quite normal at 6 or 10 o’clock the following morning. Dr. D. A. Ballantyne, assistant superintendent at the Napier Public Hospital, gave evidence similar to Dr. Berry. Evidence as to Hercock’s call at the Napier Police Station at 12.3 a.m. on the morning of Monday, October 3, was given by Senior-Sergeant W. Pender. Seemed Mentally Affected In answer to a question from Mr Harker, the Senior-Sergeant said that when Hercock came into the station he seemed either mentally affected or semi-intoxicated. Later he found that there were no signs of intoxication about the accused. “He did not appear to know what he had come to the station for, judging by his appearance and the way he was talking,” the Senior-Sergeant said. He saw Hercock the following day and he appeared much brighter and his condition continued to Improve during the day. Police evidence regarding the finding of the rifle, cartridge cases and the bullet along the lines of that given in the lower Court was heard. G. J. Kelly, arms advisory officer, Wellington, said that the bullet had been fired from the rifle produced in Court. That ended the case for the Crown. Addresses To Jury The Crown Prosecutor, Mr Lusk, addressed the jury. He asserted that the accused’s action in making a statement four hours after the event proved that his memory was good, and that the question of Insanity did not enter into the case. It was admitted that Hercock was worried, which was natural. His Honour imposed that there was no suggestion made of insanity, and he would have something to say to the jury on the question. For the defence Mr Weston did not claim that the accused was insane but asserted that the boy had been greatly worried and had lost his balance, all because of his concern for the safety of the girl. His Honour said the accused went to the house with a loaded rifle, which he fired thus committing an unlawful act, and the woman was killed. That was culpable homicide. If that was so then the accused was at least guilty of manslaughter. The question of

accident was ruled out by the accused’s statement. The question was, did the accused intend to kill Mrs Aves. If the jury had any doubt it should not find a verdict of murder, but of manslaughter. The jury retired at 12.10 pan. Manslaughter Verdict After the jury had found accused guilty of manslaughter, the Chief Justice sentenced him to 12 years’ hard labour. Before pronouncing judgment, his Honour referred to certain aspects of the case, comparing it with a recent murder trial in Wellington. He also addressed the court on the trial held when Mrs Aves was charged with certain offences. The jury returned with their verdict at 2.50 p.m. Hercock appeared very strained while waiting for his Honour to return to the court, but did not speak when sentence was pronounced. He stood staring ahead for some time after, but appeared quite composed when led from the box. When sentence was given there was a stir from the crowded courthouse, but this subsided immediately.