JOHN DUNCAN IS DISCHARGED BY MAGISTRATE.

Star (Christchurch), Issue 18406, 7 March 1928, Page 10

JOHN DUNCAN IS DISCHARGED BY MAGISTRATE.

VERDICT GIVEN ON MEDICAL EVIDENCE. The hearing of the Courtenay case was concluded yesterday, when John Duncan was discharged by Mr E. D. Mosley, S.M. The hearing of the charge lasted for exactly three hours, and twenty-one witnesses were called. The Magistrate, acting also as Coroner, gave his Coroner’s verdict first. This, based on. the medical evidence, was the basis of the decision on the indictable charge. The information read: ‘‘John Duncan, farmer, of Courtenay, aged fortynine years, on February 6, at Courtenay, did vnurder one David Duncan.” The Magistrate’s Court proceedings and the inquest were held together. Mr E. D. Mosley, S.M., presided.

Mr Donnelly, Crown Prosecutor, cor ducted the case, and accused was repn sen ted by Mr Thomas, with him M Inder.

Constable Michael Henry Gibson, Coalgate, said he arrived at the farm at 8.30 p.m. and joined Constable Johns. Witness corroborated the evidence of Constable Johns. Accused said to witness, in reply to a question as to where the boy was, “He is better dead than with a like his mother.” Acting-Detective Robert Thompson, Christchurch, said that in answer to a telephone call he joined Constable Johns on accused s farm at Courtenay, arriving at about 8.40 p.m. Accused had been taken away by then. Witness saw the body of the child, who was dead. On the following day, accompanied by Detective-Sergeant Young and Detective Thomas, witness assisted in a search of the water-race in which the child had been found, and at a spot close to where the body was found he discovered a razor-case,

which was thoroughly saturated, but contained no mud. It appeared not to have been there for long. The case was the one which had been exhibited in Court. “DID NOT MURDER HIM.” Detective Ernest Thomas, Christchurch, gave corroborative evidence. To Mr Donnelly: There was silt in the child’s hair and in the child’s clothes. The hands -were clean. The clothes were wet. On the floor of Duncan’s gig, which was then at Henley’s farm, he saw the chopper which was produced in Court. On February 9 he accompanied Detective-Sergeant Young to the Hospital, where accused made a statement which he signed and said was correct. After consultation, Detective-Sergeant Young charged him with murder. Accused replied, “ I did not murder him, but I suppose I will be hanged for it. There is nothing to live for now, and a man tries to live respectably and this is what happens.” Detective-Sergeant Young said that be interviewed accused on February 6. Accused was very morose. Asked where the child was, accused said that his wife had taken him away. Witness told accused that the child had been found drowned, and accused said that it was better that it was dead than with a like her. Witness again saw him on February 10. He appeared to be normal, and witness interviewed him. The evidence of Detective Thomas was correct. There was a big fence, 6ft to 10ft high, dividing Mr Guiney’s property from accused’s place. The only point of access was from Church Road. It was apparent from a gap in the fence that someone had been through. The only way to get into the paddock other than from the road was through the two gaps in the fence. It was possible for a man to get through. There was a gate further down. The gaps might have been used by the searchers. CORONER’S VERDICT. The evidence concluded shortly after 5 p.m., and, after a brief interval, the Coroner gave his formal verdict that the deceased child, David Duncan, died at or about the farm of his father, John Duncan, at Courtenay, on February 6. Death was due to asphyxiation due to food in the bronchial tubes. The Court was then ttntil 5.30 p.m., the Magistrate consulting with both counsel. NO EVIDENCE AGAINST DUNCAN. The Court resuming, Mr Thomas submitted that there was no case. Mr Donnelly had nothing further to add to the. Crown case. The Magistrate said he had listened

very carefully, but could find no evidence that could convict accused. In face of Dr Pearson's report it, seemed clear that the child was suffocated owing to food in the bronchial tubes. There were no bruises on the child and no signs of drowning. He had no conclusion other than to discharge accused. There was no evidence for conviction. Accused was discharged. ACCUSED’S STATEMENT. The following is the statement made by accused to the police:— “I was a single man until two years ago last August, when I married Mrs Annie Pickard. She was housekeeping

for me from the previous February. She had one. child previous to her marriage and was a widow. A son was born of our marriage. The marriage was not a happy one from the start. Nothing seemed to satisfy my wife, The more I seemed to do for her the worse she seemed to get. There were always rows after everything. Both of the children were living at our house. She left my home on December 10 last, taking her first child with her. She left the boy David with me. She did not make any attempt to take him. “ I obtained the services of a housekeeper after my wife left. I had a fourroomed house and a detached washhouse on the farm. There were two iron sheds and all the other buildings were mortgaged until I paid the mortgage off on December 23 last. I could not say whether they are still insured or not. “ The whole of my business is transacted by Pyne, Gould, Guinness. They financed me. They do not hold any mortgage over my stock or crops to my knowledge. I had seven or eight stacks of oats and another three paddocks of cats, some in stook and some not yet stooked.” The statement referred to the maintenance case and the finding of the Court, which fixed ifiaintenance at £2 per week. It referred to Duncan’s return home and his dismissal of his men, whom he told that he could not employ any further, as he had no money. After describing the afternoon tea incident, the statement proceeded:— “ I think when I came back from Roper’s I met Bell at my gate. He just spoke and then went away home. Just after my wife came up in a car with her sister and two men. I do not remember what I said. The next I remember was lying in bed in the hospital strapped down. As far as I know I was somewhere near thq, back door when my wife came for the child. 1 did not know until I was told that the child was dead. It was alive when I saw it last. It could walk well, but could not get up to the water race in Guiney’s paddock. I did not know until now that the buildings and stacks on my farm have been burnt. I do not remember setting fire to them. I could not say whether I could have set fire to them without knowing it. I do not remember Ijow I got the cut on my left arm, nor do I remember how I got, all wet before coming to the hospital. I never carry a pocket knife. I use an old blade razor. The razor case shown to me is something after the style of the case I had.”