COLERIDGE MURDER.

Waikato Times, Volume 108, Issue 18168, 5 November 1930, Page 5

COLERIDGE MURDER.

COLENSO CHARGED. CASE FOR THE PROSECUTION. NO JUSTIFICATION FOR CRIME. (By Telegraph.—Press Association.) CHRISTCHURCH, Wednesday. The Lake Coleridge murder trial was opened at the Supreme Court this morning, before his Honour the Chief Justice, when Alfred James Stanley Colenso (32), a labourer, pleaded “not guilty” to the charge that on September 3 he murdered Robert William Cockburn. Mr Lascelles appeared for prisoner, and with him Mr Stacey. «■ The evidence given was on lines similar to the Lower Court. Crown Prosecutor’s Opening. The't Crown Prosecutor, Mr Donnelly, said that the Crown submitted that accused shot Cockburn and meant to kill him. After describing the general circumstances, he said accused and his mate, Farquharson, were carrying swags, and they stopped about three miles down the Coleridge road and rested in a shingle pit. Cockburn later boarded a lorry which passed the shingle pit, and stopped about 50 yards further along the road. ■ Cockburn went back to the shingle pit, and that was the last seen of him alive by any persons other than accused or Farquharson. At 2.10 p.m. Cockbpurn was found dead on the road, with a bullet wound in his chest. It was apparent that death had come on him suddenly, because as he lay on the road he was holding a freshlyMled pipe in his right hand, and a box of matches in the other. The Crown’s first submission was a statement made by accused himself on the day of his arrest, as follows —

“I am a cowman. Yesterday, September 3, I was carrying my swag on the way toward Murchison station, with Edward Farquharson. About 12 noon I saw a man from Murchison’s plough camp on the homestead road, about two miles from the station. He came up to me and called me all the he could lay his tongue to; also to the old gentleman. I have no idea why he did this. I had never .seen him before: He accused me of stealing an old milk billy. He started off with all the filthy language and said lie had sent for the police. I said he could. He continued to abuse me, and was going to strike me. I was holding my rifle in defence to keep him off. It was loaded and the trigger was cocked. I was trembling and I

was all of a shake. I had it pointed at him, and it went off. It struck 'him on the right-hand side. He fell to the road, putting his hand out to save himself. My mate said ‘run,’ and I ran across, country with the riflle, leaving my swag there. This is the rifle (produced) and the ammunition. The old man came with me, and we walked through toward Cass. When I was stopped by the police I did not know the man was dead. It was the sight of the blood that made me run away; The old man. did not take any part in the shooting. I did not take anything from the man’s camp. I am getting on for 32 years. I am a returned soldier. I carried the rifle to shoot keas. This is true.” Farquharson, continued Mr Donnelly, would say that earlier in the day! accused and Cockburn went out together and returned for lunch. After accused and Farquharson had left Cockburn caught them up at the shingle pit, Avhere Cockburn accused them both of stealing a billy, and demanded that they tip out their swags. When they refused to do so Cockburn repeated foul language. Farquharson said he had his back to accused and Cockburn, when he heard a shot. “There is no doubt," added Mr Donnelly, “that in the first place accused shot Cockburn, and they had had some row or argument prior to the shooting. Accused pointed his rifle at Cockburn, and undoubtedly shot him. Those facts are perfectly simple and almost undisputed.”

“ | am bound to submit to you that there Is nothing In aooused’s or Farquharson’s evidence to Justify the shooting of this unfortunate man, nor In any way excuses It.” “It is submitted that accused shot Cockburn, and that a proper inference is that accused meant to kill him, and that the whole of the facts are that '' accused committed the crime of murder. It is necessary for the protection of the public that violent acts with firearms must be put down.” Evidence of Accused’s Companion. Arthur Edward Crawford Farquhafson, Colenso’s companion, who had been ill, was allowed to sit on a chair in the body of the Court while giving evidence. He repeated his statement, as made in the Lower Court, as to the meeting with Cockburn. Among various exhibits lying on the floor of the Court witness identified a rifle and swag, the latter containing a billy carried' by Colenso.

Witness said he and Colenso were sitting in a pit when Cockburn came up. Cockburn accused both men of stealing his billy, but he was given a denial. He then turned round and called witness and Colenso liars and a pair of .' Both men stood up, and Cockburn said they would have to tip their swags, but this they refused to do, saying that, they had nothing of his. Cockburn 1 then used more filthy language. He seemed to be getting very angry, and accused, who was holding the rifle in front of him, with his arms extended below his waist, stepped a little further away from Cockburn, making the distance between them four or Witness had his back to the other two while he bent down to do up his bag. Witness heard a shot, and when he turned round Cockburn was practically on the ground, and accused was still about the same distance from him. Witness heard Colenso say that he would defend himself. Cockburn was threatening accused. (Proceeding.)