MURDER CHARGE

Wanganui Chronicle, Volume 80, Issue 254, 27 October 1938, Page 8

MURDER CHARGE

DEATH OF ISOBEL AVES HEARING BEGINS AT NAPIER [ Per Press Association.] NAPIER, Oct. 26. The hearing of a charge of murder against Colin Herbert Hercock, aged 21, grocer’s assistant, of Waipawa, began in the Napier Magistrate’s Court to-day. Hercock is charged With the murder of Mrs. Isobel Annie Aves on Sunday, October 2. He is also charged with attempted murder. Mr. J. M. Miller, S.M., presided, and the police case was conducted by Mr. H. B. Lush, Crown Prosecutor, and Mr. C. G. E. Harker, Waipawa, represented accused. At Mr. Harker's request the witnesses were ordered out of Court. The first witness was Percy Sorrell, photographer, who produced photographs taken at the home of Aves. Dorothy Alice Stafford, single, aged 19, of Otane, said that she had kept company with accused for the past two years. About four months ago she found that she was in a certain condition, accused being responsible. Accused had wanted to marry her, but she was opposed to this. She suggested that she should go to Mrs. Aves, but accused objected. Finally accused was persuaded, and witness went on Thursday, September 29, to Mrs. Aves’ house at Westshore. Later that night, Mrs. Aves performed an operation on witness. Witness remained in the house until Saturday, October 1, when accused took her home. Next day witness was very ill, and when accused saw her he was worried. Witness did not want a doctor, but accused brought one and witness later went into hospital in Waipukurau.

Pathologist’s Evidence Dr. R. Philip Patrick Lynch, pathologist, Wellington, described the examination of a silk nightdress and quilted dressing gown sent to him by Detective-Sergeant H. ’ Nuttall. He said both were heavily stained with human blood, while there was a bullet hole in each, indicating that the person who wore them had been shot in the chest on the left side. Witness also described his examination of a bullet and said that there was no blood visible on it. Arthur Anderson, Otane, farmer, employed Dorothy Alice Stafford for the past three years. H knew she was keeping company with accused. She left on September 29 and returned at about 1 o’clock on the following Sunday morning. The same day accused saw her. Later he called again with a doctor, and the girl was removed to hospital. After th. ambulance left, accused said that he would walk along and pick up the first car that came along and get home. Accused seemed very worried. Brother Warned Accused Thomas James Hercock, single, Waipawa, brother of accused, gave evidence that his brother slept in the same room as he did. On October 2 witness had been out in a car until 9.20 p.m. While reading in Led, accused came into the room and asked witness where the bullets were as he was lending the rifle to another man. Witness said that he did not know where the bullets were. He warned accused against lending the rifle, as if anything happened, accused would get into trouble. Witness continued read-

ing and did not see his brother leave. The police called at the house on October 3. His brother was not at home and his bed had not been slept in. The car was then missing. Accused’s mother, Beatrice Margaret Hercock, said that she always understood her son’s name to be Colin Walter, When she got his birth certificate recently she found that he was registered as Colin Herbert. On October 2, accused told witness that he was going out. A discussion arose about accused’s birthday. He then kissed witness and left. He seemed to be his usual self, but when he left his face seemed very white and his eyes looked stony. She knew her son had a rifle in his room. Man and a Motor-car Robert Buddicomb, watersider, stated that on October 2 he was at Mrs. Aves’ house at Westshore. Deceased was a friend of his. At about 11.30 p.m. he was standing in Mrs. Aves’ bedroom, Mrs. Aves being in bed. Witness was near the window and heard a car slow up at the gate, but it moved on again and pulled up about 25 yards past the gate. He then heard footsteps coming in the gateway and heard a man .speak. Mrs. Aves put her head out of the window and asked who was there. In response to a voice she left the room. Witness heard a scream and then what he thought was a thud. He ran to the door. Mrs. Aves grabbed hold of him and said that she was shot. Witness could see a figure outside at the bottom of the steps. He took Mrs. Aves back to the bedroom and saw a man go out of the gate. He seemed to trip as he passed through, and then ran along the road and got in the right-hand side of a five-seater car. Witness could not give any description of the man. There were other people in the house at the time.

Other Witnesses Dr. Donald Young Allan, Waipukurau, said that he went with accused to Otane and examined a girl whom he removed to Waipukurau Hospital. The recovery of a rifle was described by a diver, James Donovan, who said that he searched from 11 a.m. until 2 p.m., when the gun was found about 30 yards offshore. Constable R. H. Moss, Waipawa, produced a permit to procure a fire-arm, made out to Colin Walter Hercock. The permit was for a .22 calibre light shot Browning automatic rifle. No application was made to transfer the rifle from accused to any other person. “He’s Shot Me” Ida Scott, married, hotel worker, said that she knew Mrs. Aves very well. Witness was at her house on the Saturday and Sunday nights, October 1 and 2. She went to bed at about 9.30 on Sunday night, sleeping on the porch. The foot of her bed was two or three feet from the front door. She was later awakened and heard Mrs. Aves talking. Mrs. Aves went to the front door and soon after she opened it witness heard a report which sounded like a report of a firearm. Mrs. Aves said, “He’s shot me.”

She did not say who it was. Buddicomb caught Mrs. Aves and dragged her into her own room. Witness did not see who fired the shot. Joan Josephine Percy, single, who before Mrs. Aves’ death had been living at Mrs. Aves’ house, said that on September 29 a girl arrived and remained until the following Saturday. She went to bed early on Sunday night. Later she heard an Alsatian bark and then screams. She rushed into the sitting room, where she saw Mrs. Aves come into the room holding her side.

At the Police Station. “About 12.50 a.m. on October 2 1 was using the telephone in my office at the Police Station in Napier,” said Senior-Sergeant W. Pender in evidence. “I heard a knock at the door and when I opened it I found Hercock standing outside. I asked him what he wanted. He replied., ‘You are looking for me.’ I told him I was not looking for him but asked him who he was.” The senior-ser-geant said he replied, “Just a bloke. Senior-Sergeant Pender said he agad asked Hercock what he wanted, an Hercock asked if the senior-sergeant wanted him. “I said, ‘I don’t wan;, you,’ ” said Senior-Sergeant Pender. He replied, “all right.” “He the-., walked away toward the front doer j of the station, and I told Constable ! Harding, who was in charge at the i watchhouse, to go after him and sec what he wanted. A minute or two i later I saw Hercock in the waten-, house. I asked him what his trouble was. He replied, ‘Ring 1544 and they ' will tell you.’ ” “I sad, ‘who is at 1544?’ He replied, ‘I don’t know, and they will tell you.’ ” “Just then the telephone rang,” the i Senior-Sergeant said. “I received certain information from Dr. Berry. I said to Hercock, ‘What did you shoot Mrs. Aves with?’ He replied, T did not shoot her. 1 only frightened

Sediior-Sergeant Pender said that he searched Hercock- for firearms but did not find any on him. He also searched Hercock’s motor-car, which was outside, but again did not find anything. Evidence of the search carried out at Mrs. Aves’ house was given by Detective H. E. Campin, who said that while searching the shingle and shell path in front of the house on the morning of October 3, he had found a .22 calibre live cartridge which bore a striker mark. It was lying on the path 10 inches out from the bottom step by the front door and appeared to have been there only a short time. He had also found the case of a .22 calibre cartridge lying on the path which had apparently not been there for long. Later he had seen Sergt. W. O’Donnell find a .22 bullet on the path. Mr. Gregory C. Kelly, arms advisory officer, Wellington, gave technical information concerning tests carried out on the rifle and other exhibits of the police. “I am of opinion that the fatality shell was discharged from the rifle produced and that the misfired shell was struck by the pin of the same rifle and could not have been struck by the pin of any other rifle,” he said. Detective-Sergeant H. Nuttall read a statement by accused. Hercock had been advised by Mr. Harker to show the police where he had thrown the rifle. The detective-sergeant said that Hercock had done this. Committed for Trial This concluded the evidence of the police and when Mr. Harker said that he did not intend to present any evidence, the magistrate committed Hercock for tijial at the next Supreme Court session. The charge of attempted murder was dismissed and the verdict at the inquest was as follows: "That Isobel Annie Aves died at the Napier Hospital on October 3, 1938, the cause of death being shock and haemorrhage due to wounds in the abdomen caused by a rifle fired by Colin Herbert Hercock.”