THE MOSS TRAGEDY

Ashburton Guardian, Volume XII, Issue 2419, 30 July 1891, Page 3

THE MOSS TRAGEDY

Before Mr C. A. Wray, R.M., this morning, albert Edward Mqss was charged that he *' on the seyenth day of July m the year of our Lord 1891, nt Ashburton, with a certain tomahawk wh\ch lie then held, did wound one Mary Emma Moss, with intent m so doing then and thereby feloniously, wilfully and of his malice aforethought, to kill and murder the said Mary Emma Moss contrary to the statute m such case made and provided." Mr Pender conducted the prosecution ; accused was defended by Mr Wilding. The accused sat during the early part of the sitting just by the fire near the main door of the Court. He was well wrapped up, and displayed a stiffness about the neck, which was, of course, well swathed m a white wrapper. When his case was called, he walked up to the table, at which he was allowed to sit instod of going into the dock.The Court was densely crowded with the usual class of sensation seekers, but the prisoner never' allowed his eyes to wander m the crowd's direction. During the giving of his wife's evidence, he sat with his elbows on the table, his head resting on his hands, and these covering his face. His wife at first expressed a desire to be relieved from giving evidence, and his Worship quite agreed with her that the duty was a pain- j ful one, but she would have to discharge it.- She gave her evidence sitting ma I chair under the prisoner's dock, Mrs I M'Kay, matron of the Hospital, occupying a seat beside her. Mary Emma Moss, wife of the accused, said she had known Albert Edward Moss m England for many years, and was engaged to him there. He came out to New Zealand and she remained at Home. Was m constant communication with him after ho arrived m New Zealand, and left England to join him, arriving m Lyttelton on May 7. There was some difficulty about Moss getting to Lyttelton to meet her, and she went to Mr Widdowson's, who was a friend of both. Moss came to see her on the ninth. Had no reason then, from anything she saw, to think that he was other than pleased to see her, or did not want to marry her, Moss went back to Ashburton to business, and came back afterwards to marry her, the wedding taking place on June 8, at the Congregational Church. The same day came up to Ashburton with her husband, who had a house prepared for her m Burnett street. All went well up to July 2, when financial difficulties made themselves apparent and the bailiff was put m. Her husband was much Worried over this. The bailiffwentin on the Thursday, but left on Friday. Witness was a good deal put out about the bailiff aftair herself. On Friday nothing , particular occurred. She and her husband got up about a quarter to seven, and he Went to Messrs Friedlanders' as usual. Oft Friday night he was very restless, and did not sleep well. He got up at about half-past seven, and she rose an hour later. Had no servant and he usually lit the fire. About a quarter-past eight he brought her a cup of cocoa, of which she drank the whole. Mr Wilding pointed out that there was only one charge before the Court at present, and he did not know what the Inspector was leading up to. The Inspector said he had thought the matter over, and found he must give the surroundings. His Worship allowed the evidence to proceed. , Witness —The dregs of the cocoa felt gritty, but that was all she noticed about it. Was ill after taking the cocoa—about half or three-quarters of an hour after. Felt pain m the stomach, and became weak, and her feet became very cold. This continued all day, as well as occasional vomiting. Her husband went away to work, but came back to see her many times during the clay. Did nor say anything to her husband about the cause. Mrs Lane came m during the day, and gave her hot water for hsr feet. At the time of taking the cocoa did »ofc say anything to her husband about the dregs, which had no special taste, Her husband seemed very much troubled all that day about money matters. Shfe remained m bed all the Saturday, On Sunday her husband wa<?much worried* and moped over the matter. On Monday witness was better and got up. On th&t day nothing particular occurred. On Sunday spoke to her husband about the cocoa and eaid she had felt as though she had been poisoned, but he said "Oh r.o, I know the aymptons quite well," On Monday night he was much worried. He gob up et half-past seven on Tuesday morning to light the fire. Shortly after going to light the fire he caree back to her bedroom. She was still m bed. He began playing with a razor, which he took out of its* case and opened. He told her not to get up for a quarter of an hour, and rubbed the razor np and dcwn her check, m a jocular sort of way and then left the room. At this time his manner was very strange, perhaps for two or three minutes, and then he would become quite sensible again, His face would become very white and he was much excited. Witness got up and began to dress immediately he left the room. Witness came back and walked about the room with the open razor. He put his left arm aound witness' shoulders and rubbed the razor up and down her cheek. Said to him "don't be silly but get to the office." He did not remain long m the bedroom after, but could not say where he went just then, Continued dressing, and m another minute op so he came back and ben an to shave himsejf. This would be about ten minutes to nine. After he had shaved lost sight of the razor. W cut to the kitchen after dressing and had breakfast. He seemed all right then and went outside by the front. He came mby the front again and asked witness if she had any money. She gave him her purse, which contained a small sum, and he went out again, coming back m a few iriinutes. Was out m the front when he came back and they went into the house together, going into the kitchen. Asked him what he had m his pocket.und he ran out at the front door laughing, mid he appeared more excited than he had been before. He ran round the house and came m by the.back door to the . kitchen and called her to him. He said he thought he would break some coal, and tock up a tomahawk' to do it with- He stooped down and broke a lump with the back'of the axe. Was standing close to him" then.' He put his thumb on the edge of the ake after he had broken the CR»|, and, lifted up tl'ie weapon wl|h both fi'arids'aiid struc|c her on" the top' of the liead witli the edge of the #xc. The blow came with force. There were three blows given to her m succession—all on the head, and all with force, each blow pptst)g her }ipa(|. Caught hjs hand and }>c dropped the &;xe and tobfc the razor out of his.pocket."" Wass£ill m th.c kitchen at this time, He opened "she ratsor and, taking hold of her with his left hand, tried to cut her throat. The razor cut her neck, and she struggled with him ai.d was cut on the neck and" on the cheek. Trying to prevent him doing any more mischief to her .she raised her hand and caught the razor, and received a cut across two fingers. I?an but of the kitchen after disengaging herself from him, and as she looked back she saw him cutting his ijhrbat, and falling down' on the floor, Bct'euiVied out, and somebody she did not know came t6 her assistance. Was taken to the hospital, where she still was. f \yitness identified Jixe and razor, and shayr produced.] More than a week before* the assault her husband brought iibme'a box of " rough On rats " to poison catrf '(Bo3(;'produced.)'"'Gbuld not say jiny of it ha j beun usud. H>td uo know*

1 ledge of any possible use her husband j could have for prussic acid or a revolver. By Mr Wilding—cUie and her husband had known each other as children to- ! gether, attending the same school for some time. While at school he was subject to a nervous restlessness, and frequently did purposeless things—moving things about with no apparent object. This peculiarity was noL marked by the other child i en. Had j been m correspondence with him for a year previous to her arrival m the c 'lony, and he had made arrangements for her to come out by various and different steamers, and altered these arrangements from time to time. In his letters he referred to sending her money to come out, and spoke as if he had the command of money. Arrived m. Lyttelton on May 7th and went to Mr Widdowson's. Her ' husband came up on the 9th m the evening, and stayed over the Sunday. He seemed well enough m health then. Knew that he had had an attack of brain fever. He appeared much excited at Widdowson's and was very pleased to see her. The excitement was more than his pleasure at seeing her would account for, and it was remarked upon by Mr Wicldowson. He was very muchjexeited indeed, and did not sleep. All he said on money matters then nas that he had paic : some for furniture. After the marri--ige, at breakfast at fehe Widdowson's, he, was again much agitated. The furniture he sioln cf had meanwhile been sent to Ashburton, and her husband went out saying he was going away to pay Mr A. J. White, who supplied the furniture ; he came back and said he had paid Mr White. He had frequently spoken of funds he had invested, and of money he possessed, but she had not been able to discover any. Believed this was a delusion on the part of her husband. When she came to her new home the house was m great disorder—the furniture was unpacked, but not arranged. Up to the time of the bailiff coming m she was living very happily with her husband. He was always thoughtful of her and affectionate —no kind of quarrel at all between them. Up to the bailiffs advent her husband had been quite cheerful and would both sing and play ; but there was a marked change m his manner after the bailiff came. An adjournment cf] half an hour for luncheon here occurred. On resuming the cross-examination was continued. Wit.ie.ss—The fe ilifflef; on Thursday —the snme day he came. Her husband said he got the money from Christchurch with which he paid the bailiff out. On the Sunday, witness was still unwell and got up about twelve, her husband getting up earlier of course. He was not fully dressed until about four, previous to that he wore a loose coafc. During the day he had helped m the housework, and then sat m front of the fire. He was at times depressed, at others cheerful—very changeable. He did not go out after four but remained at home all day : still kind and affectionate m his manner. On the Sunday and Monday nights he was restless and broken m his sleep, waking suddenly and without apparent cause ; starting as if by disturbing dreams. On the Tuesday before he attacked her, ho made grimaces —threatening grimaces—and then would ■ burst out laughing, Thought his reason for running out and coming back again was to get away from her. When he was attacking her he tried to get behind her. She could assign no reason whatever for the attack he made upon her beyond her belief that his mind was affected and that he did not know what he was doing. The whole occurrence took but a very little time. By the Bench—Was nervous about her personal safety the night before, but did not oommunieate with anybody, thinking it might pass over, By Inspector Fender —Her husband did make a threat on the Tuesday morning, while m the kitchen, that he would cut her throat. This was before he went out. Catherine Jane, wife of J. S. Lane, living m Wills Street, said she formed an aquaintance with,the Moss's and visited them after they came to live m Burnett street. Saw ho indications of any unhappiness between jbhe twq. On Saturday July 4, she visited Mrs Moss. Knocked at the door two or three times before Mrs Moss came and opened it. Mrs Moss looked very ill, and went back to bed after opening the door. She was retching for some time after witne,ssarrive<l. Gavehera cup of hot tsa.. Whjle m the housp Mr Moss arrived. He askeirt how witness got m. He seemed very excited and much surprised to ijtnd 'witness there. He asked witness if she thought Mrs Moss would die, and witness replied that she did not think so.. This was about tweuty minutes to live. Moss looked juuch excited. Was m the hou^e till a quarter to six. He -*poke seyeral times to his wife and asked how witness got m. Mrs Moss told her she had sotne. gruel, the remainder of which was m a bowj on the table, J. M. Cambridge, druggist, Ashbur? ton, said he sold the box (produced) of "Rough on rats'* to the prisoner '•Rough on.rats" is a poison. The bo^ was sold on June 18, William Salek, druggist, m the employ of the last witness, recollected prisoner coming to the shop shortly before this ogcurrenee, but could not fix the data— about June 24 perhaps. He wanted to buy prussic acid to poison catp. He said the cats were making such a noise he wanted to get rid of them. Told him prussic acid was too deadly ft prison to s,ell, and it yfss neyer alipwed. to, go out of the shop• 'Then they spoke of '' Rou«h on rats," and witness said Jhe had I fen giving ft m jnilk.i Told Mm that Iconic being h heavy insplubje po\yder h0 ought to give it ia meat. By Mr Wilding—Had often seen prisoner and his wife together, They appeared on very good terms. Andrew McPherson, shopman m John Orr's establishment, recollected Moss coming to the shop about half-past eight on July f. Ho wanted a cheap revolver, but witness had none of the kind he wanted. Saw nothing unusual about the man, and would have sold him a revolver if he had had one. Moritu Friedlander, chief clerk at Friedlander Bros., said accused had been employed by the Messrs Friedlanders' for ten weeks. Noticed nothing peculiar about his manner until about a week before the attack upon his wife. During thac week he appeared very restless and nervous, and there were seyeral mistakes m his work. Abou|; end, at the week theye was trouble about some cheques, and this seemed to weight on liis mind. He did not say what was worrying him. S. Salek, licensed pawnbroker, Ashburton, said accused came to him on July % ana 1 said he wished to talk about his affairs, lie said he, felt as if he'cpuM gp 4 mad if he did not consult with some ope. Efe $hen'\Vent into his financial iMjfaiVs fulljf, and said that if h.e were sqUL up he could; n.ot stand the disgrace, and that neither ha himself nor hia wife would live fco, see it j that lie could nofc bear to let his wife know what he was, and only a month married ? and that she should never know | it. Asked witness to advance him a sum of money, which witness did not see his way to do. . By Mr Wilding—Knew Rotlnng .against Moss' character previous to this ; did not know what salary:he was getting \ and never ssaw'him th,e worse forlic[uoiv ■$$ the wild talk hi was inclulgng ill was caused by an indebtedness 1 of about £50.. " William Henty Brooking living m B% nett street, near Bfoss* house. Qn the morning of 'Tuesday, July ' ft tf#J at breakfast and 'heard sonle one. scream m MoaaV house; The scream was repeated, and on going out {jewel soirityfof abtut fa thf liQiiae,

I Ran round to the ront of the hr.use, and saw Mrs Moss at her own gate covered with blood-<-head, face, hands, and clothes. With two other men went into the house and found Mr Moss lying on the floor of the kitchen m a pool of blood. Thought he was dead. Saw a razor lying m the blood close to Mr Moss. Then the police and Dr Tweed came. By Mr Wilding—Did not go into the house when he heard the scream. The whole thing did not last moro than a minute. Constable Cleary said he wenttoj Moss' house-shortly after the occunence, with another Constable. Found the tomahawk produced lying against a box a few feefc away from where Moss was lying, . The board produced was the side board of an express. It contained the following writing m pencil:—"Robbed—really swindled—l have lost all my money, £185.—Where is my wife—a man swindled me." Sergeant P. McGrath, went into the house after the occurrence. Dr Tweed was there, just m the act of turning Moss over on his back, The letter marked A was taken by witness out of Moss' pocket. There was another letter which was addressed to Mr Friedlander, but it had no connection with the matter. It referred to cheques. The writing on the board was done by Moss m the express on the way to the hospital. Found the shawl produced m the kitchen. By Mr Wilding—There were two letters, but the one marked A was not addressed to anybody. Constable McGill had been m sole charge of prisoner at the hospital sinco July 18, and m turns since the occurrence. On July 12 accused said " I rememberal my wife's arm raised so (making a gesture). ( I had a r&zor m my hand at the time. I remember nothing" until I was turned over on my back. I heard some one say 'He's dead, 1 and heard Dr Tweed say ' There's very little hope of him.' I breathed heavily and opantd my eyes to show I was not dead, as I was afraid they might kill me right out." On the 16th July he'siiid "I icmember shaving on the 7th. My wife persisted m my doing so, a.s she wanted me to look tidy going into the office." On the 21st July, Sergeant M'3r«icli read the charge to him and he said " JS'ot of my malice aforethought. The same night I was very restless and got up and burned a lot ofpapeis that were m the house." He then asked witness " will my wife oe allowed to appear against me m Court V Witness replied hecould not say, and Moss said he wished the court job over or th 3 affair had never happened. Witness said it was a pity someone did not interfere when the screams were first; heard. Moss said he could not understand how the affair had arisen ; that he and his wife had gone to school together and never had a cross word. By Mr Wilding—Me .sometimes .spoke of having money out at interest—about a hundred pounds. Thought he believed what he was saying. He spoke very affectionately of his wife,. Dr J. M. Tweed was called to Moss' house on the morning of the 7th. There had been a good many people there when he arrived. Moss was lying on the floor of the kitchen m a pool of blood. Turned him over and found his tliroat was cut, but he was still alive. Had him conveyed to the hospital, where Dr Trevor took charge of him. Before going to Moss witness had seen Mrs Moss at the back of the Somerset Hotel. On examination found she had one wound on the head close to the parietal bone, a scalp wound of about 3h inches, another a slanting wound abqCjfc g|- inches long, high up on the f jrehead auiong the hait, also a scalp wound. She had a wounc 1 on the left cheek and one on the back of the neck. Both hands were wounded -cuts on the fingers ; the thumb and f ■ rjflnger of the right hand and middle finger of the left. The incised wound on the cheek wis rectanguhr, that on the neck .straight, only going through the skin. A tomahawk would easily have inflicted the wounds on the head, and a razor those on the cheek and neck. Had not attended Moss since. By Mr Wilding—Could hardly realise how the axe produced could have been used b,y a «}an of Mq§g' strength without crushing the skull. There could not have been much force used. Knew Moss slightly before the occurrence, but not enough to form fin opinion on the state of his mind. He behaved like other people. Had had no opportunity of forming an opinion since, The question, of sanity was always a difficulty. A restless nervous habit was not necessarily a symptom of insanity, but it was generally present; nor was broken sleep nor disturbing dreams a sign of insanity. Such 3,11 acfi as that of which ]V£oss was charged would, gertainly give rjse to a suspicion qf insanity, tb was a sjgn cf paf^siqnj and might go with other symptoms m a case 06 insanity. A sudden attack without mouive upon % person who had been tfye object of thp attacking one's affection would trq with, other indications, tq prqve insanity. Fancying tljat he was possessed of wealth when he was not, telling f dsehoods, about it, making such an attack as jmd \)ss]\ instanced, sudden changes of temper f kqju, morqseness. and cheerfulness would form syrnpfcons sufficient to give rise to a suspicjion of Insanity, Getting behind a person the lu.uatig wished to attack would nut necessarily be a sign of lunacy, but all the symptoms mentioned present m one person would be sufficient tq sAy% rise to a suspicion of in.s.!\n,Uv, D,r J, JSj, Teevoy, surgeon afc the Ash. button hospital, saw Mrs Moss soon after her arrival m. the Hospital, The deqtor then described the wounds from whigh Mrs Moss was suffering. The first wound, on the head whs above an inch Iqng and had penetrated the covering of the bone tc the bone itself. Immediately m front of this wound was another penetrating the soalp, but not cutting into the bone. There was another wound elliptical m shape, rather superficial, and about two inches long. There was also an irregular wound on the cheek an inch or an ingh and a half long, and several superficial wounds on the neck, only skin deep. Witness described the wounds on the hands—the cuts on the forefinger and thumb of the right hand and the middle finger of the lift. He could hardly realise that the new tomahawk could have made the scalp wounds, The weapon must have been used with little force, or the force had been broken. H,ad the ordinary force'of. a man's b}ow been used with s,ucl\ a weapon the skull would have been crushed. The other wounds could easily have been inflicted by a razor, and were such as a person might; receive m defence against an atsiutlt. Had 'been attending Mo.s ever sinbe \g had been i,n. the hospital, and believed he was perfectly sane at the present momost but not when he committed th<. deed. Was thoroughly cuuvinced he was nqt sane when he committed U\p aot. He was a m.an of an unstable mind, and was not responsible for his actions when he committed the act, and was unfit to be at large as the least excitement would 'unhinge his mind, and although he was sufficiently sane at timts witness did not think he had sufficient control o\?er himself to be allowed to be at large and should be kept under restraint m th 6 interest of public safety. The shock to Mrs Moss' system waa somewhat severe, but .shp was, a b^ayy \yomnn, and fchft shook IWI riot been so severe as might have been expected.' By Inspector Pender—Moss was perfectly able to stand his trial now, and \\\<o sooner ifc was over the better for Jnin, I This concluded the evidence for the prosecution, and prisoner, after being cautioned m the usual way, was committed 1 to take his trial afc the next sitting of the Supreme Court m Chvistcjjureh,,