MURDER TRIAL

Timaru Herald, Volume CXLV, Issue 21184, 3 November 1938, Page 9

MURDER TRIAL

Accused Not a Hero Remarks By Chief Justice By Telegraph—Pres? Association NAPIER, November 2 From observations made by counsel for accused, Mr C. G. E. Harker, one might almost think that accused should be ranked as a hero, but he did not subscribe to this view, said the Chief Justice, Sir Michael Myers, sentencing Colin Herbert Hercock, of Waipawa, to 12 years’ imprisonment with hard labour for the manslaughter of Mrs Isobel Annie Aves on Sunday, October 2. His Honour proceeded to refer to the fact that it was known that “in face of most convincing and conclusive evidence four juries were unable to agree” in charges against deceased.

“I do not so regard you," he said to accused, referring to counsel’s observations. "Nor do I intend to adopt Mr Harker's suggestion of probation. If I were to do a thing like that it would be equivalent to a pronouncement going from this Court that human life was no longer safe in this community. I decline to be a party to such a thing. “Not long ago I presided over a murder trial in which a young man was found guilty of manslaughter,” continued His Honour. “He received 10 years’ imprisonment. The difference between that case and yours is that in the case I mentioned there was no proof that the accused had gone into a room with a lethal weapon in his hand. In this case you went to the woman’s house with a loaded gun in your hand. “We know that Mrs Aves had performed an illegal operation on a girl and you took her there for that purpose. I know that some two years ago she was charged with a series of those offences, and in face of most convincing and conclusive evidence four juries were unable to agree.

“I do not hesitate,” His Honour continued, “to say that the few—l hope only a few —who refused to do their duty in that case undertook a serious responsibility as events have . turned out, as it appears this woman came back and continued her previous course. If she had been dealt with as she should have been this tragedy of yours would not have happened. Nevertheless,” his Honour concluded, “she is entitled to her life, and that you have destroyed.” A sentence of 12 years’ imprisonment with hard labour was passed, and accused was led from the dock. It is anticipated that an appeal will be made to have Hercock’s sentence reduced.