FURTHER EVIDENCE IN TRIAL ALLEGING MURDER

Wanganui Chronicle, 4 August 1948, Page 6

FURTHER EVIDENCE IN TRIAL ALLEGING MURDER

Death Of Woman; Butcher Charged (Press Association) CHRISTCHURCH, Aug. 3 The trial in the Supreme Court of William Albertus Ivan Stuck, a butcher, aged 40. on a charge of murdering Bertha Bessie Amy Day. at Paparua. on May 14. was continued today. The trial, which is expected to last at least all the week, is being heard by Mr. Justice Fleming and a jury. The Crown Prosecutor is Mr. a skirt to press and a lot to do. There . > ... i • • was no mention ol them going rabbit A. W. Brow 11 and w itu him is s h oO tmg when mv sister left tor her

Mr. w. C. 1. Cunningham. Mr. G. I. Joseph, of Wellington, and with him Mr. E. M. Hay, is appearing for Stuck, who pleaded not guilty to the charge. A grader driver employed by the Paparua County Council. Thomas William Ellis, said that on May 14 he saw a man and woman, each carrying something, in the paddock where the body was found, but took little notice. He heard no sound of a shot. Senior - Detective F. J. Brady described the finding of the body in a trench to Mr. Hay (for accused) and said that to the spot where the hair net and comb were found, a trail as of something having been dragged along the ground was plainly visible in the grass from there to the grave. Some attempt to conceal it appeared to have been made.

Detective Thomas Thomson said that he interviewed Mrs. Jean Maude Smith and later took a shovel (produced) from a shed at the rear of her home. He also recovered from Clark a rifle and a shotgun. When examined at the detective office the shovel showed signs of having been used shortly before in sandy soil, and grains of sand were also found on the barrel of the rifle. The shotgun was clean.*

DISCOVERY IN LUGGAGE. A member of the police party that boarded the Hinemoa in Wellington harbour on May 16, Detective-Ser-geant George Colin Urquhart, said that he obtained luggage checked through to Auckland in the name of “Stack.’’ In a suitcase containing a man's clothing he found a pair of bloodstained trousers.

Detective Urquhart produced a statement which he said accused, had made and signed. In it accused said he and Day went rabbit shooting. "We got to a fence and Betty went to get through and was stooping witli one hand on the rifle through the fence. She seemed to get caught up in the fence. I went to pull a barb out to release her and my gun went off. I had been walking with The hammer of the gun up. When the gun went off Betty fell forward ana I put my gun down and jumped through the fence and saw she was dead. As I did not know how I was going to explain it, I got a shovel from the car and dug a small trench, carried her and laid her in _it and covered her up. After covering the body with earth I got in the car and returned it to a rental garage. I returned the rifle and gun to Clark s place and the shovel to Betty’s. I stayed at Betty’s place that night and the next day." May 15, I left on my way to Auckland." SISTER’S EVIDENCE.

Mrs. Jean Beatrice Maude Smith said that her sister. Bertha Bessie Amy Day. was known as Mrs. Stack and was 27 years of age. Witness told the Court of her sister’s associations with Stuck. In December. 1947, accused and her sister came to live in Christchurch. On April 25 accused said he was thinking of going to Australia, and he spoke of it several times later. Witness asked her sister what boat they were going on and her reply was that Ivan told her it was the Mountpark.

“Accused gave up the tenancy of the flat on Thursday. Mas' 13,’’ said witness. “They arrived at our home, at 69 Linwood Avenue, about 12.30 a m. on Friday, Mav 14. to stay until they were to leave for the north on the Saturday night. They came in a rental car, the accused driving. After breakfast on the Friday, the accused and my sister took mv father-in-law to the station, where he was catching a train. Accused and my sister came back at 9.30 a.m., and they both left again at 9.50 a.m._ my sister hurrying to get to her hair appointment by 10 a.m. I had asked my sister what she was going to do that afternoon, and she said she had Ivan's shirts to iron,

hair appomtment on Friday morning. That was the last time 1 saw her alive.” ACCUSED CAME BACK ALONE. Witness said that the accused returned alone to her home about 12.30 p.m. on the Friday. He told her that he and her sister w.ere going to Dunsandel and he took away her sister’s red shoes. Accused came back to her home at 5-30 p.m. He told her that her sister was staying at Dunsandel with Hazeldines, who would bring her from Dunsandel by car or taxi. She noticed that the accused had blood on the left sleeve of his coat, and on his left trouser leg. “He said they had gone out to see if they could get a rabbit, but they only got a hare and he tried to get the blood off,” said witness. “My mother-in-law said ‘Give it to me; men aren’t much good at things like this. 1 wonder is this animal blood, or human blood? I was always taught that with animal blood you use warm water, and with human blood cold water.’ “Accused said: ‘At the shop we always soaked our aprons and coats in cold water.’ He seemed just as usual.”

Witness said the accused stayed that night with them. He left by taxi about 2.30 p.m- on Saturday. He put his white dog in the boot of the taxi. She did not see the accused again before his arrest. BODY IDENTIFIED.

“At 11.30 p.m. on May 15 I identified the body of a woman as that of my sister,” said witness. “Accused and my sister got on well together.”

To Mr- Joseph, counsel for accused, witness said her sister had a green coat and it had onlv two buttons. She wore an imitation scimitar brooch in the lapel. Every time she wore the coat she had the brooch in.

Mr. Joseph: Did you have regard for the accused?

Witness: I liked Ivan. I had a lot of time for him. Did you ever see him exhibit signs of bad temper? —No. not more than the normal good man. Have you ever seen him exhibit any distaste for your sister? —No, but they had their quarrels, like everybody else. There was a happy atmosphere at their flat. Did your sister ever show signs of being frightened of the accused?— Now and again, when they were playing cards she would look at him to see if she had said the right thing, but that might have been my imagination.

In reply to further questions by Mr Joseph, witness said her sister never seemed short of money- She never complained, except one day she said- “ He's a bad-tempered so and so.” Her sister was not working in Christchurch. She just kept house at the flat. To Mr. Brown, witness, said she did not know Stuck was a married man, but she often thought he was. She honestly thought her sister thought she was going to Australia. Mrs. Alice Ruby Clark said that the flat at her home at 215 Peterborough Street, was let to a Mr. and Mrs. Stack. Stack was the accused She knew they were going to Australia and on the night of May 12 she and her husband save a farewell party to the Stacks. Witness remembered the Stacks going out shooting with her husband and her on one occasion. Neither witness nor Mrs. Stack did any shooting.

To Mr. Joseph witness said the Stacks appeared to be a devoted couple.

Colin William Clark, factory hand, said he knew the accused as Ivan Stack. On Saturday. May 8, accused borrowed a .22 rifle, a shotgun and nine cartridges. He thought the accused said he was going to WaikariAccused took away a shovel that was in the garage. At this stage the Court adjourned until tomorrow.