CHARGE OF MURDER.

Waikato Times, Volume 109, Issue 18349, 8 June 1931, Page 8

CHARGE OF MURDER.

KAIPAKI SENSATION. DEATH OF ARTHUR ROSSITER. RICKARDS ON TRIAL. Between 9 and 10 o’clock on the morning of April 10, two constables searching for an escaped prisoner named Reginald Norman Thomas Rickards, at the home of an old man named Arthur Rossiter, aged 72, at Kaipaki, discovered the old man lying dead in one of the bedrooms, his head shattered by gun shot. Rickards was later arrested and charged with the murder of the old man. To-day lie appeared for trial before Mr Justice Herdman and a jury at the Hamilton Supreme Court, when he entered a plea of not guilty. The Crown ease was conducted by Mr 11. T. Gillies l , prisoner being represented by Mr ,T. J. Sullivan, Auckland. The jury, consisted of Thomas Waite (foreman), Claude Francis Primmer, Sydney Priscott, Arthur Edwin Tebbs, George Taylor, William Mclnally, Jack Higginson, Thomas C. McNeill, Noah Reynolds, William James Clague, Stanley Herbert Bluett and Frederick Ivan Turner. In the empanelling of the jury there were -three challenges by tire solicitor for Hie defence and two “ stand asides ” by the Crown Solicitor. Case for the Crown. In opening the case for the Crown, Mr Gillies said prisoner was a Canadian who arrived in New Zealand seven or eight years ago. About two years ago he became acquainted with the Rossiter family through doing some painting and paperhanging in the Kaipaki district. He became very friendly with Miss Rossiter and last August they became engaged. Owing to Rickards making no effort to get a home together, however, the girl broke off the engagement, although they remained friendly. Some time later a sum of money was stolen from the Rossiter home and suspicion rested upon Rickards. The latter, however, managed to clear himself before the police, showing that at the time the money was stolen he was residing in Hamilton. Subsequently Miss Rossiter went to Tauranga, where Rickards also went. While there, for no apparent reason, he struck Miss Rossiter on the head with a heavy instrument. While under arrest for this offence, lie escaped from custody. Some time later the police had reason to believe lie was in the vicinity of Ohaupo, and on the morning of Friday, April 10, Constables Dimmer and Forsythe left To Awamutu to search for him. It would be shown that on the Thursday afternoon Rickards sent a telegram from the Ohaupo Post Office, addressed to Ihc police, Tauranga. The message contained in the telegram was as follows :—- “Locate Miss Olivo Rossiter; left no address; believed to be in Tauranga; father ill, needs her urgently.’’ It would also be shown’that Rickards, on the Thursday afternoon, ordered a case of benzine at a store in Ohaupo in Arthur Rossiter's name .and ordered this to be sent cut to Hie Rossiter home. On the Friday morning, at 8 o'clock, Albert Rossiter, son of Arthur Rossiter, the murdered man, saw his father, who was then hearty and well, and had assisted with the milking. The two constables visited Rossiter’s house on the Friday morning, between 9 and 10 o’clock. They found the house locked up, and presently Rickards emerged stealthily through the hack door. One of the constables said: “1 arrest you for escaping from custody.” Rickards replied:— “ You can arrest me for something moro serious than that. J have Just shot old man Rossiter.” “Seeing Red Lately. The two constables entered the house with Rickards and found the dead body or Arthur Rossiter, covered with a blanket, on the floor of the front bedroom. The police then found that ■the telephone wires at the house had been cut. While one constable went out to a neighbouring farm to ring headquarters, a very important conversation took place between prisoner and the other constable. Rickards remarked : “ All this has -come about through £lO being stolen. The old man accused me of having taken it, but I didn’t. I have been seeing red lately.” When the constable asked Rickards where lie got the gun, he said lie got it from the front room. He also added: “ I waited till the old man had finlshod milking and when he sat down at the table I shot him through the back of the head.” Prisoner later slated in answer to a question, that he had dragged the old man by the feet from the -kitchen to the front room. Three live cartridges were found in prisoner’s possession. Mr Gillies said every person was in law considered to lie sane until proved otherwise. Counsel pointed to Lhc deliberate, cold-blooded nature of the crime as evidence of his sanity at the time (lie crime was committed—the sending of the telegram, the ordering of the benzine, the cool waiting for the old man’s return from milking, the dragging of the body to the front room and the attempt to remove evidences of the crime when lie was interrupted by the arrival of the police. It was also an evidence of prisoner's sanity that he was shortly after arrest able to write out a statement in which he confessed to the murder. Constable C. Naylor certified to the authenticity of a series of excellent, photographs of the scene of the crime and tiie murdered man, taken by himself. Mr Gillies mentioned that while in custody Rickards had had an epileptic fit. lie could therefore be classed as an epileptic.

Evldonce by Deceased’s Daughter. Olive May Rossiter, spinster, said site had lived with her father at Kaipaki nearly all her life. She first ecame acquainted with prisoner in August, 1929. He was then in Ihe neighbourhood painting a house, in November of the same year she became engaged to him. He bought her a ring, but site broke off Hie engagement in the following August as accused failed to get a home together. They continued to be friendly, however. In February of this year some money was stolen from her father's house. Rickards had been slaying at Kaipaki until Ihe day before Ihe money was missed. Some days later, when Rickards railed at Ihe house, her father questioned him ahoul Ihe theft of the money. Rickards denied the theft, staling that from the foot-

prints on the verandah the man who stole Die money had a high instep, while he (Rickards) had a low one. Rickards, desiring to clear himself of suspicion, accompanied witness and -her father to the Hamilton police station, where he made a statement, which was apparently satisfactory. In March of this year witness went to Tauranga. Rickarijs joined her at Hamilton and travelled to Tauranga with her. They both stayed at Mrs Pcarcy’s place, witness occupying a room in the house, Rickards sleeping in a tent. She went about with him while at Tauranga. On March 20 she accompanied him to the baths, where they had a swim. That night she got a key for her room. During the evening accused accompanied her to the public library to change some books. On their return prisoner followed her into her room, when he struck her on the head three times with a heavy spanner wrapped in cloth. She screamed - and he cleared out. Asked by Mr Gillies if Rickards had ever expressed animosity towards her father witness replied that he had. He accused her father of being the cause of her breaking off the engagement. Mr Gillios: Did ho ever show any abnormality in that time? —No, except that lie was a hit bad-tempered. His Honour: Did he show any eccentricity during that time?—No. Mr Gillies: Did he ever have a fit to your knowledge?—No. Answering Mr Sullivan, witness said Rickards had told her he had been wounded in the war. lie had a scar on his neck. He had never complained of headaches. She was on quite friendly terms with him up to the lime lie struck her. He was a bit quiet before lie struck.her. They used to have arguments occasionally and he would get angry. Witness’ manner was reserved and her answers low and somewhat reluctant.' This caused His Honour to remark: “We would like you to help the Court if vou can, Miss Rossiter.” Witness, in further answer to Mr Sullivan, said she had never been really afraid of Rickards. Complained of Headaches. Dir Sullivan: Do you remember Rickards when at your place having complained of headaches? —He said his head was heavy. How many times did this occur? — He had not complained for a long time. Mr Sullivan: In January of last year when you were ill he was very kind. He used to scrub and wash and do all kinds of work?—Yes. And he was very kind to you until the time he assaulted you?—Yes.

What was the appearance of his face when he assaulted you?—lt was angry. In answer to His Honour witness said Rickards was only in the bedroom about a minute when he assaulted her. She thought he had planted the spanner in the garden and picked it up on their return. Constable W. A. .Moore, Tauranga, said that while Rickards was in custody at Tauranga Tor the assault on .Miss Rossiler lie showed him a small piece of metal which iic said lie had just blown from his nose, lie had previously told witness lie had been wounded in France, lie now said the metal must have travelled up his neck and the side of his face to his nose. Witness said that, on tiie following day Rickards escaped. His Honour: How did he come to escape ? Witness said accused was allowed to have his tea in the open and while the other constable went in for his own tea Rickards got away. Replying to Mr Gillies witness said he observed no signs of eccentricity in Rickards during the 10 days lie was in custody. He had no fits during that time. In answer to Mr Sullivan, witness said accused seemed moody while in custody. Ho sometimes spoke a lot and sometimes refused to talk. lie made a long written statement which lie handed to the magistrate at Tauranga. He did not seem to remember the assault.

James Gordon Smith, bacteriologist at I lie Waikato Hospital, stated that under examination he found faint traces of blood on the small fragment of metal which was handed him by Detective Sergeant Thompson. He dirl not test for human blood. Frank Jary, farmer, Ngaroto, said Rickards had worked for him several times. On the morning of Monday, April 6, accused called at his house. He said he had walked to Wellington and back looking for work. Witness had not a job to give him but told him he could stay for a few days If ho wished. He left on the Wednesday morning about 7 o’clock, before breakfast. Rickards seemed to be lowspirited. When accused worked for witness he was moody and erratic. He would leave sometimes before lea and would not return till next morning. Worked In Erratic Manner. In answer to Mr Sullivan, witness ■said accused seemed more erratic on the last occasion lie stayed witli him. Witness gave him a windmill fan to mend and lie seemed to work in an erratic manner. His Honour: In what way erratic? If he could not get tiie fan right he would break it again in a temper. He seemed to have something on his mind. Mr Sullivan: Did lie ever complain of headaches?—Yes. Witness added that Rickards never took any breakfast because lie said it played up with him owing to having been gassed in France. Witness remembered accused on one occasion being unable to go on to the roof owing to feeling sick. Cedric Edward Giles, grocer’s assistant, Ohaupo, said that on the afternoon of Thursday, April 9, -Rickards ordered a tin of benzine to be delivered to Hie house of Arthur Rossiter Hie following morning. Tiie benzine was duly delivered when the police were in charge of Rossiter’s house. Arthur L. Wiley, postmaster Ohaupo, said a telegram was handed into the Ohaupo post office on -the afternoon of Thursday, April 9, addressed to the police at Tauranga. This was the one quoted by Mr Gillies in opening. There was no signature lo the telegram, which was, however, endorsed "Arthur Rossiter.” (Proceeding.)