CHARGE OF MURDER

Waikato Times, Volume 127, Issue 21167, 17 July 1940, Page 8

CHARGE OF MURDER

HAPPENINGS AT WAIKINO TRUE BILL RETURNED (By Telegraph.—Press Association) AUCKLAND, Tuesday Asking the Grand Jury in the Supreme Court to consider the charge against Douglas Herbert Cartman, that on April 2 last at Waikino he murdered Mrs Elizabeth Agnes Hamilton, Mr Justice Fair said the Crown stated it had evidence which would show that after Mrs Hamilton had been knocked down by a car driven by the accused, he picked her up while she was still living, put her in his car and drove her some distance along the road. He took her out of the car and laid her on the road, and, although she was in grave danger of dying if she was not attended to and cared for, he outraged her and then assaulted her with a tyre lever by hitting her over the head in such a manner as to cause her death. Manslaughter Alternative His Honour said that if the accused’s statement were true, that Mrs Hamilton and the boy who was with her were killed as a result of the motor colision, then the most serious charge that could be laid against him would be that of manslaughter. But the Crown’s case rested upon evidence that Mrs Hamilton’s death was not due to injuries caused by the car, but was caused by violent blows on the head inflicted while she was still alive. On this evidence the jury might think it clear that a prima facie case had been made out for calling on the accused to go before a trial jury. The jury returned a True Bill. MANSLAUGHTER CHARGE Concerning the charge of manslaughter against John Kite arising from the death of an Indian, Rama Khusal, at Waahi, near Huntly, His Honour said there was evidence of a violent unprovoked assault resulting in the death of an Indian. Whether the deceased was thrown into the lagoon or whether he staggered and fell in as a result of his injuries, in either case the accused should be tried for manslaughter. A True Bill was returned.