MURDER CHARGES

Wanganui Chronicle, Volume 79, Issue 306, 31 December 1935, Page 9

MURDER CHARGES

TRIAL OF DR. BUXTON OUTBURSTS IN COURT A new charge of murdering his wife, Isabelle, between September 14 and 29, v.as perferred against Dr. Buxton at Lancaster recently (says the Daily Telegraph). Dr. Ruxton had previously been remanded on the charge of murdering Mary Jane Rogerson, ’ his children’s 20-year-old nursemaid. As soon as the new charge was read out Dr. Ruxton immediately shouted a torrent of sentences. It was impossible to follow many of them. He was understood to say, after pauses, “It is a pdsitive and damnable lie. It is all prejudice. I cannot bear the thing. Is there no justice? Who is at the bottom of this? My home is broken up —my happy home.” Mr. E. Slinger, who with Mr. C. K. Gardner, appeared for the defence, turned to Dr. Buxton and said: “Be quiet and leave it to me.” Dr. Ruxton: The damn rascals. Mr. Slinger: Keep quiet. Dr. Ruxton also shouted: “Do I look like a murderer? It is not my nature. It is not my religion. I observe the fasts. My blood is boiling now.” Inspector Clarke and a police officer attempted to pacify Dr. Ruxton, but failed to do so, and the doctor shouted: “How can I be quiet, My blood is boiling now. One damn thing after another. Who is doing this? You say, 1 Don’t speak. Don’t do this,’ but ■ it is no damn good.” The police continued to try to restrain Dr. Ruxton, asking him repeatedly to keep quiet. He shouted, “I canont help it; I have my children and and my business.” Mr. Slinger said that he thought it would be better to adjourn the the Court for five minutes so that the doctor might calm himself. Dr. Ruxton again exclaimed: “I have my children and my business to attend to.” Mr. Slinger said that in view of the new charge he repeated his request for an adjournment for five minutes. * Reply to Complaints. Mr. G. R. Paling, who represented the Director of Public Prosecutions, said that he had no objection to a short adjournment, whereupon .the Court rose. Just before this took place Inspector Clarke crossed over to the dock in the hope of pacifying Dr. Ruxton. He pushed his arm between the two brass rails of the dock in a friendly attitude, but Dr. Ruxton drew back and made an inaudible remark.

During the short adjournment Inspector Clarke and Dr. Ruxton engaged in a low conversation, and the doctor became steadily calmer. Dr. Ruxton made no further demonstrtaion during the hearing. When the Court resumed Chief Constable Vann went into the witness-box. He said that at 9.45 that morning he charged Dr. Ruxton with murdering his wife, Isabelle. Dr. Ruxton replied, “No, certainly not.” Mr. Paling: Upon that evidence I am instructed to apply for a remand. Both the charges arise out of the same set of facts and more or less the same circumstances. In due course I shall make the usual application for them both to be taken together. Mr. Paling went on to say that he understood that complaints had been made by Mr. Slinger at former hearings. “This case,” added Mr. Paling, “is not only a very involved case, but is one which is unusual in character. Statements have been taken from a very large number of people, and further statements have even yet to be taken from other people as soon as these persons can be traced. am sure also the Bench will appreciate that the pathological - and technical reports and the reports of analysts must take time. I think it would not be fair to the justices, nor indeed to Dr. Ruxton, to take only part of the evidence, because the true perspective of a case of this nature and involved character can only be obtained when a etatement is made which outlines the whole of the evidence and when that evidence is recorded in proper order. “Of coiirse, it is inherent in a charge of a capital nature that the accused is remanded in custody, and I. say with respect that that feature will mean

that no hardship will arise on a further remand. Reply to Complaints. “The case will be conducted! so as to afford every reasonable facility io the defence. 1 propose to ask at the next hearing to remand the accused for a further period. Later, if the Bench agrees, it is proposed that the case should be presented and evidence be called, and I would suggest, if it is convenient, that three or four consecutive days be set aside for taking the evidence.

“You will appreciate that, apart from the 'difficulties I have mentioned, certain days have been set apart for other engagements which may cause a fixed day to be an inconvenient day not only for tbo justices but others taking part in the case.” Mr. Slinger replied that he was pleased that the Chief Constable had brought forward Mr. Paling “At the last hearing,” said Mr. Slinger. “I objected to a remand and at this hearing I again object. The grounds are that there is no evidence before the Court as to the identity of Mary Jane Rogerson; and, secondly, although I have not mentioned it before, no evidence that Dr. Ruxton is the person who has killed x this alleged Mary Jane Rogerson.” Mr. Slinger quejoted section 20, subsection 2, of the Criminal Justice Act of 1914, after which he again appealed for the dismissal of the accused on that charge. He mentioned that that was the fourth occasion on which, Dr. Ruxton had appeared in the Court, and no evidence had been brought forward. He also wished to deal, he said, with the point that Mr. James Rogerson, when he was called as a witness, did not give evidence on oath, and he wished the clerk to make a note of that. Mr. Street, assistant magistrate’s clerk, after referring to his notes, said, “I have it—'James Rogerson sworn.’ ” Mr. Slinger said that, according to his instructions, Mr. Rogerson did not go into the witness-box. Mr. Paling stated that Mr. Rogerson would, at the proper stage, be called. Mr. Slinger: That is not the point. House to be Handed Over. Mr. Slinger added that, in addition to the grounds he had already stated, ha now wished to mention that on , two occasions the public were not permitted to enter the Court. He also raised the question of Dr. Ruxton’s house, and asked the magistrates that day to de-

cide that the house would be handed over to the defence.

Mr. Slinger pointed out that there was also the question of the second offence to be considered. “My friend,” he said, “has dealt with the matterjis if they will be separate charges, and I want the clerk to make a note of that. “I do not object to a remand in regard to Mrs. Ruxton, but as far as Miss Rogerson is concerned Ido object. My friend has laid it down that it is the Director of Public Prosecutions who is prosecuting in this matter. But it is for you, as justices, to decide, and in view of the section of the Criminal Justices Act I have quoted, I ask for a dismissal, seeing that there is no evidence brought whatever.” Mr. Paling said that with regard to the house arrangements had been made for it to be handed over to those representing Dr. Ruxton as from that day, subject, of course, to the usual undertaking that the police had permission to enter it if any further point should arise. Mr. Slinger gave that undertaking. Mr. Paling mentioned that Mr. Slinger had requested that a number of notes should be made by the magistrate’s clerk, and he did not know for what purpose. “I do not know,” he added, “what power the justices have to record notes. You are sitting as examiners, and you can sit in private or public as you wish, and if you like you can exclude the public. '‘ln fact,” continued Mr. Paling, “I do not think any depositions have been taken, and I do not know for what purpose these notes have been put down.” Mr. Slinger contended that, with regard to the evidence of the father, there was no information. He also stressed the point that the examining justices might sit in open Court. The Mayor (Mr. W. M. Simpson) announced that a remand in both cases would be granted. Mr. Slinger: Do I take it you will deal with both at once? MrTSimpson: I take that to be so. In reply to Mr. Paling, the Mayor said that it would be a continuous hearing. Dr. Buxton made no remark as he was taken below. The public attended for the first time, and about one hundred persons were present, including a number of women.