MURDER CHARGE

Wanganui Chronicle, Volume 80, Issue 28, 3 February 1938, Page 8

MURDER CHARGE

ARUNDEL TRAGEDY YOUNG MAN ON TRIAL f Per Press Association.] TIMARU, Feb. 2. Randall Reginald David Smith, aged 26, a labourer, or no fixed abode, appeared in the Supreme Court at Timaru to-day, before Mr Justice Northcroft, charged with lhe murder of William Gaby at Arundel on September 10.

The case for the Crown was conducted by Mr \V. D. Campbell, while the accused was represented by Mr A. L. Haslam, of Christchurch and Mr E. S. Bowie, Christchurch. * A majority of 38 witnesses were drawn from between Christchurch and Timaru, although a few came from the south and one from Auckland for the Lower Court hearing, but it is understood tnat several of these witnesses will not be called during the Supreme Court trial. Exhibits in the case cover a wide range, there being on view in the C ?urt part of the blood-stained flooring from Gaby’s shop, where the body was found, a large collection of clothes, a hurricane lantern, a box which served as a doorstep, a kerosene tir used for holding pig food, numerous articles from the store, and a host of smaller exhibits. The accused pleaded not guilty in a firm voice.

His Honour intimated at the beginning of the trial that accused might be seated.

Smith said, "Thank you,” but remained standing with his arm folded. This posture he assumed throughout the morning session. Evidence for Crown. William Nixon said that the accused called at his house on September 9 and was given tea, bed and breakfast. When he left he heaaed in the direction of Mayfield. On September 10 he saw Gaby and accused in the former s store at 3.30 p.m. On September 10, said John Henry Rule, tax driver, of Timaru, a man asked if witness knew where he could get a quiet boarding house, and witness directed him to one in Barnard Street. The cost of the fare was Is 6d. The man handed him £1 and told him to make it 2s 6d. The man asked that the car should call for him the next day, and when askea what his name was the man replied “Leckie.”

After 9 o’clock on September 10, Fraser brought a stranger to the house, said Honor Levey, a boardinghouse keeper. The stranger, who gave the name of Leckie, was accused. He stayed the night. When he arrived he was wearing grey clothes, and was carrying an overcoat. Geraldine Gaby and accused were talking about an accident.

He drove a car from Sockburn to Oamaru on September 10, said Alastair Langeson, manager of Motorways, Sockburn. He picked up a man on the Christchurch siae of the Rangitata Bridge at about 8.30 p.m. he gave the man who had hailed him a ride as far as Timaru. Before the man left witness at Lister's Motors he asked where he could get a taxi. That was the last he had seen of him. While on the taxi-stand in Cannon Street on September 10, he was approached by a man at about 9.30 p.m., said Andrew Fraser, taxi proprietor. The taxi called for him the next morning. When hereturned to the house later he was dressed in new clothes. Between the time accused left and the time that the constable called, witness was the only other person to go into the room occupied by accused. The constable discovered some clothes in the room and some coppers later.

Afternoon Session. When the Court resumed after lunch Hugh Harkness Pattison slated that he saw accused in the vicinity of Gaby's store on the evening of the murder. The lights were then on in the shop but were out at 9.30. Charles Goodwill Johnson described a visit to the store on the morning of September 11. He found Gaby lying dead on the kitchen floor. The body was fully clothed and the feet were tied with a bootlace.

Constable Callanan, of Geraldine, described the scene at the store ana the position of the body. The ankles were loosely lied with a bootlace and a loose lace lay across the ankles. There was biood on deceased's head and on the floor. Also on the floor were m’.nties and a sixpence.

Detective-Sergeant E. Thomas said that Gaby’s hands were tied behind his back with a new chrome bootlace. One end was tied tightly round the left wrist and the other end was around the right wrist in a loose knot. The ankles were also tied with a bootlace which would not go round each ankle but was tied in a loose knot at the back of the legs. A third lace was lying loosely over the back of the legs just above the ankles. The back of aeceased’s coat had dirt on it and appeared as though it had been draggeu. Just outside the backdoor there was a box which had been used as a doorstep. Across this box and over the doorstep and across the floorboards to the left toe of the body there was a freshly-made mark whicn appeared to have been made by the toe of one of Gaby’s boots. Witness described the finding of money in the till and on the floor of the shop. Evidence as to finding money and a coat in the boarding-house in Timaru, where accused was staying, was given by Constable Watt. Several photographs taken at deceased's store by Constable J. Kearton, of Christchurch, were produced and explained. During a break in this witness' evidence the Court adjourned. During the day 30 witnesses were heard and the case piobably will conclude to-morrow. The evidence was almost identical with that given in the Lower Court, excepting that the defence admitted the ownership of the bootlaces with which Gaby was tied up ano the lucky clock charm found on the floor of the store, and evidence concerning these .vill not □< called.