ALLEGED MURDER

Wanganui Chronicle, Volume 80, Issue 248, 19 October 1937, Page 8

ALLEGED MURDER

THE ARUNDEL CRIME Aged Storekeeper’s Death YOUNG MAN CHARGED [ Per Press Association. I TIMARU, Oct. IS. Randall Reginald David Smith, teiged 26, labourer, appeared in tne Magistrate's Court this on trial for the murder of William Gaby, V3-year-old storekeeper of Arundel, hear the southern approach to the Rangitaia traffic bridge nine miles north of Geraldine. Gaby, who was a bachelor living alone on the premises, was the victim of a brutal attack and was found dead with a Severe wound on his forehead on the jnorning of September 11. The police •♦.ill call 38 witnesses and it is expected that the hearing will occupy Jwo days. Mr. W. D. Campbell is Crown Prosecutor and accused is represented by Dr. A. L. Haslam, of vhristchurch. Johan Alexander McComb, farm labourer of Arundel, said he had known Gaby for 19i years. He described the location of the store, where he said he had seen Gaby between 2.30 and 8 o'clock on the evening of September 10. Witness spent tiome time in the kitchen with Gaby pnd at that time the store was open iind lit. In addition, there was a hurricane lamp in the kitchen standing by the back door, where there was also a pig bucket. When witness iert Gaby was alone.

Charles Goodwill Johnston, labourer, of Arundel, said he went to the fctore about 10 a.m. on September 11 out the building was shut. The bowser In front was open. Witness went found to the back and noticed that the door of the hut Gaby used as a flairy was open. He could not lind Caby there so went to the back door If the house and called, “Are you there, Bill?” There was no answer. “I opened the door and saw him (ying there,” said witness. He was face down on the floor with his feet ibout a yard from the door. He was fully dressed. I did not touch the |>ody but surmised that he was dead.”

; Witness then went to the nearest tieighbour, Edward Mathieson, and the pair returned to the shop. Matiiralon went to telephone the police and ivitness remained at the shop all the lime until the police came. The bod> kas not moved or touched.

Clarence May Mathieson, wife of a teighbour, described how Gaby came to their place every day to collect icraps tor his pigs. The bucket was ilways left at the back door. On September 10 the bucket was left and pie next morning it had been re iioved and another left in its place. Witness did not see Gaby take the bucket away. She was in the store loout 7 o'clock that evening and saw Gaby chatting to Johnston. He appeared ?o be very happy. Passed by Motorist Hugh Harkness Pattison, farm rand, of Ruapuna, said he was travelling to Geraldine on the night of leptember 15. He passed Gaby walking south about 5u yards from the f ore. Gaby was carrying a lantern. I/hen witness passed on his way Home aoout 9.30 there were no lights in the store. Constable D. Callanan, of Geraldine, said that the front door was tocked but the back door was closed l>ut not locked. Lying at the back door were a hurricane lamp, which rad been upset, a tin bucket, a paper tag of potatoes and a box of matches. On the kitchen floor he found Gaby's lying face downwards. The Crists anu ankles were loosely tied 1/ith bootlaces and there was another aotlace lying across the feet. On .ie floor were scatiered some sweets Ind a sixpence. On the floor of the Jedroom was another sixpence and in Ine shop near the till there was more noney lying on the floor. On the Loor near tne head of the body there ♦as blood.

Dr. Charles Stanley Fraser, of fimaru, who performed a post mortem examination on Gaby's body, *aid that after examining all the Organs he formed the opinion that Heath was due to concussion and «hock. A blow over the left eye, Causing a lacerated wound one and ahalf inches long and a quarter of an inch wide, would be in accordance ♦ith the appearance of the brain. The kound appeared to have been caused by a blunt instrument used with lome force. I*, would be possible for lhe wound to be caused by a piece of firewood.

Agreement with the view that Gaby’s death was due to concussion of the brain on the left temple, was expressed by Dr. Edgar F. Thomson, issistant pathologist at Christchurch Hospital, who also carried out a post Jiortem examination. Over the right iye there was a mark and the ridging if the bone could be felt. There was io fracture of the skull. There were luperficial abrasions on the neck and llbows. The wound was typical of one laused by a blunt instrument. Witless produced a portion of the skull ind piece of skin which was stretched leross it, showing the abrasion of the tight eye. Blood Stains Tested. From the store at Arundel he took Iway specimens of earth from outside the back door, continued Dr. Thomlon. The stain on the earth was human blood, as were two other Itains found on the outside of the sack door. He scraped some of the Dlood clot from the kitchen floor and tound that it also was human blood. Dr. Thomson said he received a fawn overcoat from Senior-Sergeant Hewatt, and on it -found several Itains. He paid particular attention to B patch below the right-hand pocket, which looked as if it had been •ponged. He removed a piece of cloth Bnd a test showed that the stain was due to human blood. Another stain Bbove the hem of the coat was also human blood. A pair of grey trousers which were handed to him by SeniorSergeant Hewitt also bore human blood stains, There was a small reddish brown stain on a working boot which he received and a test had Shown that it was human blood. Witness also described blood stains ©n the clothing which Gaby was wearing when found. “There are four human blood groups and it is possible to test a

blood stain and place it in Its respective group, but it is impossible to say that that stain is from any one particular individual,” said Dr. Thomson. If the stain is of a different group from that of the particular individual then one can say that that stain did not come from that individual.” He placed Gaby’s blood in group B but had not yet grouped the other stains.

Detective-Sergeant Thomas, of Timaru, said he searched Gaby’s shop and found several lollies on the floor. In a glass jar on the shelf there were similar lollies. Lying on the kitchen lioor was also a lucky charm watch. There was a number of stains on the floor and one of these appeared as though something had been dragged over it. Ihe bacx of deceased’s coat had dirt on it as though it had been dragged. Just outside the back door was a box which served as a step and across this and also across the floor to the left toe of the body, was a freshly made mark. It appeared to have boon made by the toe of deceased’s boot. The till in the shop contained money, and he found in the bedroom a tin containing £l4 10s in notes. In an unlocked cupboard he discovered live half-crown* and foui florms. He also found a leather glove on the floor, to which no mate was discovered. Another glove was found in the store room and the mate to this was found outside.

Constable Kearton, police photographer, detailed a large number of photographs taken, and said he photographed the sole of a boot found in Timaru and the nails corresponded with nail marks found on the floor of Gaby's shop. The Court sat for two hours tonight, when a further 14 witnesses were heard, making 28 for the day. Ten remain to be heard to-morrow. Movements of Accused The evidence to-night concerned the movements of accused from a few days before September 10 until the day following the murder. It was shown that he borrowed money from a friend at Alford Forest the day before the murder and on the afternoon of the murder was seen in Gaby’s store talking to Gaby. At 8.30 that night he was picked up by Alistair Langeson on the Rangitata Bridge, north of Gaby’s, and brought to Timaru, where a taxi-driver took him to a hoardinghouse. The next morning a taxi took him to a men’s outfitter’s shop where he purchased a complete outfit of clothes at a total cost of £4 8s lOd, for which he paid. He also paid a night’s board and paid the taxi 12s. Accused left some oln clothes at the outfitter’s shop and some at the boardinghouse and these were secured ny the police. Accused left Timaru by service car for Dunedin on the morning following the murder under the name of Leckie, which name he also gave to the boardinghouse keeper. The case will conclude to-morrow.