CHARGE OF MURDER

Wanganui Chronicle, Volume 90, Issue 84, 11 April 1946, Page 5

CHARGE OF MURDER

THE MANUNUI CASE MARRIED MAN FOR TRIAL (P.A.) Taumarunui, April 10. In the Magistrate’s Court this morning, before Messrs. W. Meads and W. Thomas, Justices of the Peace, Newton Thoma's Lowe, aged 30, married, was charged with the murder of Ira Stanley Cullen at Manunui on March 16. He was committed for trial at Hamilton Mr. N. R. Bain (Wanganui), was Crown Prosecutor, and Mr. Noel Smith (Hamilton), instructed by Mr. J. M. McKenzie (Taumarunu), appeared for accused. Phyllis Noreen Culler, aged 15, gave evidence that she had lived with deceased Cullen and her two brothers at the racecourse property, Manunui. Her mother and father had lived apart for about the past three years. Witness was friendly with Mr. and Mrs. Lowe, and on one occasion went to Auckland with them. Witness’ relations with Felix Frank Whittaker, of Manunui, prior to this were intimate between February, 1945, and December, 1946. When witness became friendly with accused, she told him she had had sexual intercourse with Whittaker. She had sexual intercourse also with accused Lowe between February, 1946, and March 10, 194 G. Accused was a boiler attendant at a veneer works, and witness used to visit him at night, leaving through her bedroom window and returning at about 4.30 in the morning. Her father was not then aware of this, but later she thought her father was aware of her relations with Lowe. Someone told him towards the end of it. STORIES PUT AROUND.

On March 14, witness came from school and went to Lowe’s and had a conversation with Lowe. The conversation was about Frank Whittaker putting stories around about Lowe and herself to her father. Witness told Lowe that the stories were that she had been going to the mill. She told Lowe that her dad had said he would “do Lowe in” if he caught witness going down to the mill. She thought she also told Lowe that her father said she was not to go to Lowe’s house. As a result of the conversations, Lowe brought Whittaker to her father’s house , where Whittaker promised not to tell any more stories. On March 16, after a row at Cullen’s house between Frank Whittaker, deceased and Whittaker’s sister, witness left the house and went to Lowe’s. Her father followed and she hid in the woodshed. Later Lowe came to the woodshed and she asked him what had happened. Lowe replied that he thought her dad had gone mad or something. Witness had heard a noise in the house as though a table had been kicked over. Witness then left the shed and went out. to the road, where she met Mrs. Lowe. NATURE OF WOUNDS.

Doctor R. V. Ritchie, in cross examination, said Cullen was a much bigger and better built man than Lowe. Witness agreed that from the nature of the wound, and its oblique passage through the body, plus the shape and sharpness at the point of the knife, it was entirely consistent with the deceased (Cullen) lunging on to the knife if held in an on-guard position. To the Crown Prosecutor: The wound also was consistent with a direct stab after an incident of this kind. It was not unnatural for a man to be in the stage accused was in. Witness had an intuitive idea that Lowe’s condition indicated that he got more than he bargained for. In other words, the turn or events avalanched him. That was when witness told the accused that Cullen’s wounds were serious. Witness did not examine accused (Lowe) physically, but did not notice any abrasions on him. William Victor Verran, married, a nightwatchman at the Ellis Veneer Company’s works, Manunui, sail in evidence that the accused was employed at the veneer works as a boiler attendant. On the morning of March 2, between 3 o’clock and 3.15 witness saw Lowe and the girl Cullen sitting on a carpenter’s stool. Lowe was tittivating the girl’s face with a powder puff, and handed her a mirror to look at herself. After that the accused started polishing her nails. Witness ordered Lowe to get the girl off the premises. Lowe and the girl left the factory at 4 o’clock. Deceased (Cullen) called at witness’ house on March 11 and witness told him of what he saw in the boiler house.

John William Walsh, aged 37, single, a watchman at the veneer factory, gave evidence of having seen the accused and the girl Cullen in the veneer company’s boiler house about 1 o’clock in the morning on March 11, and about a fortnight previously.

Charles Leslie, married, a boiler attendant at the veneer factory, said that accused mentioned that a girl had been to see him on his shifts. Witness could not gather from the accused who the girl was. Arthur Dockery, employed at the veneer factory, said he found the deceased (Cullen) lying beside the main highway at 1.15 on the afternoon of March 16. Witness summoned Constable Edwards, of Manunui. and the deceased was removed in Edwards’ car. Witness saw the nature of the deceased’s wounds. 1 Constable Edwards drove along the main highway and stopped at Lowe’s house, where the accused was sitting on the verandah reading a newspaper. Edwards took Lowe in the car, and set out for the hospital. Cullen appeared to be in great pain. CONSTABLE'S EVIDENCE.

Constable George Edwards, of Manunui, said in evidence that he took Cullen to the hospital and picked up Lowe on the way. Later, witness and Sergeant Taylor, with the accused, went to the accused's house. Accused picked up a knife in a sheath from a sideboard, and handed it to the constable and Taylor. There were blood-stains on the knife when it was first handed to the police. Accused said Cullen attacked him, and the accused picked up the knife for defence, and stopped Cullen, when the latter made a kick at him. There were blood stains in the kitchen and on the steps, and on the path at the back of the door. Lowe could have escaped had he desired. Then they returned to the police station, where the accused said he had nothing further to say, as he had explained what had happened.

At the house accused voluntarily told the police and described what happened, without being questioned. At the house none of the rooms gave indication of a serious struggle having taken place. Sergeant F. Taylor said that at Taumarunui police station, when witness was asked by Constable Edwards what instrument was used, Lowe, who was present, broke into the conversation, saying: “I used my hunting knife, and it is on the sideboard in the kitchen. My wife is home, and will tell you what happened.” When the police and accused went to the house, Lowe’s wife was out, but Lowe voluntarily demonstrated how Cullen came in demanding his daughter, and would not believe she had gone, and attacked Lowe, who took the knife off the sideboard, and said’ “This is it!” The knife had 44 inches of blood on it. Before Cullen died, the accused said: “It is an awful thing to have stabbed a man.” When he heard Cullen had died the accused, in dis-

tress, ‘lt is an awful thing to have a man’s life on your hands.” and repeated “Poor man, poor man.” Accused had a slight abrasion over one eye, the skin off one knuckle and a dirt mark on his trousers, as if kicked.

Joyce Lowe, wife of the accused, stated she was present when Cullen commenced to attack her husband. She escaped through the bedroom window, because slip was told Cullen threatened to bash their heads because of his daughter Phyllis. When Cullen entered he kept repeating: “Where is that girl?” and spoke in a loud, threatening manner. Accused was committed for trial at the Supreme Court in Hamilton on April 30.