PETITION SENT TO GOVERNOR

Daily Telegraph (Napier), Volume 58, Issue 279, 28 December 1929, Page 6

PETITION SENT TO GOVERNOR

ALLEGATION THAT CONVICTION VVAS WRONG THE CHRISTCHURCH MYSTERY SENSATIONAL CHARGE AGAIN RECALLED GROUNDS OF APPEAL

The Mouat ease, Avliit-li caused a sensation throughoul Now Zealand four years ago, is broughl into llio liiuelight again by a petition which Frederick I'etor Mouat, now iu Mount Eden gaol, is fomarding to x he GovornorGenoral, asking that Ihe eonvietion bo quashed. Inchuk'd iu ihe pupers, wliieh have been propared by pnsoner's eounsol, Alcssrs Alattliews and Clarke, of Auckland, is a long oue froni Alrs Mouat, of Devonport (pnsoner's sis-tor-in-law), which sets out that she nevor did bolieve in his guilt, and there ar-.* sovcral people from Christchurch who say lliey saw Alrs -Mouat alter slie disappeared. TWO TFHALS. Tiie petition sets out thati Mouat Miis sentenced at- the Supreiu© ( ourt, ('iirFtrlnireli, 011 August (31, 1925, to 3 7 years1 imprisoimient for manslangliter. 3 Io was charged witli murder. but tlie iury brought in a verdict oi not guilty upon tliat eount. l'risoner "had been previously tried in Muy, r.'25, but. tlie .iury was un- . able to agrce upoti a venliet. The petition point s out tliat tho detaibs oi the alleged crinie wero oi sueh a sensational and revolting nature tliat strong wililio ieeling Ava.s roused against tlie petitioner, and tlie atinospliero wis prejudieial to liis receiving a fair trial. Petitiuner liad always proieMed, and continued to protest, liis coniplete innooenee, aHhough lie adinitted tliat ou ihe adviee of bis eounsel lie did noi teiuier any cvidenee at tlie trial, tlie Teason being iliat thp cvidenee icv tlie frown was of nich an improbable and fiimsv nature tliat tliere appoarecl little likelibood of eonvietion, and it was well known thar, by ea 11 ino cvidenee, tlie Tio fe nee would lose its right of frnal address io tlie jury. BONES FOUND. Tlie potition goos on :■ — A erv briefl.v Die evidenee (with eonnnents tliereon) vras as lollows: — (al Mouat and bis wile, Ellon Mouat, whom lie was qharged with jnurdering, wero niarried in Porismouth, England, on March 2. 15)10, and were living Rigel her at 10 Beckford road, St. "Alartins, Christchurch, New Zealand, for come niontbs prior to tbe montli oi Kebniary, 15)25. (b) On tlie iiigbt of Feliruary 15'. 3P2-3. or tlie following nioming, iMrs IMount di>a]ipeared. (e) Subsequeutly a large nuniber oi bones vvere foioid in tlie so'l jiropertv oeeiqiied by ihe Mouafs. '1 he niajority of tlio bones were declared by cxjiert Avitnease.s to be delinitcly aninial bones, some rvcve deelared donbtful, and a ferv to be liuirian bones, tlie bist-mentioned being coinistent whli tliose of a wonian of ALrs Monat's stature. td) Tdouat's lionse was an ordmary ■ snbnrban lionie. vvith eottages on each S gide and opposit-e. THE CROWN CASE (oi Mouat and liis wife left a noighbour's plaee at 10 o'clock on tlie nigbt | of Febmary 19. apiiarentlv on good; tcrnis, and tbe allegation of tlie Croivn j Was tliat between tliat liour and tlie | folloiving niorning tbe eouple quar- i relled. tliat- Monat, eitlier by aeoident | or design, slew bis rvife, disnienibered j tbe body , and eonipletely de.stroyed it i by biirning, exeejH ior tlie niinute i fragmeiits of bones in-odueed. ; (f) Tlie onlv available furnaees or i plaees for burning tbese va^t quanti- j ties of reeking and bleeding remains ■were: (11 Tlie lireplaee under the j co])|iei-, bnt tbe Crown evidenee nega- j tives tbe possibiliiy of this bemg nsed i for tlie purpoPe; (2) an open lireplaee i in tbe dining-room ; or (3) rubbisli fires J i« tbe baekyard. j r) Pegarding tbe firojilaee in tlie | d.ining ronm, evidenee was tendoved . xnat analysis of Ihe soot of tbe elnm- | -#>v at tlie baelc of tbis lireplaee dis- | closed tbe presenee of some faftv sub- i stanee. Tlie sinistcr suggestion was | made tliat tbis would be eonsistent witli lniiuaii fat. but of course equally : witli otber aninial fat. Tt is snlv- j mittcd ibat any snbnrban domestio ojien brcplaee woulcl probably sbow a similar romlilion.

THE GARDEN FIRE. -(10 Begarding rnbbish fires in tlie yard, Tlouat iva.s seen l>v ncigbbours working and eleaning up tbe garden during tbe niorning of Feliruary 20, and be also liad a small rubbisli fire luiriiing (referred to in tbe trial as "Xo. 2 fire"). Xo unusual smell or voliune of snioke was observed by any of tlie neiglibours living in elose proxiiiiitv, and uone of tbe alleged liunian bones were found in the reinains oi" tbis fire. (i) Tliere were also tlie remains of anotlier rubbisli fire (referred to in 'tlie trial as "Xo. ] fire") in tlie yard, and oue at leasf of tbe alleged liunian bones was found tlierein. Mouat stated tliat- b« had burned some rubbisli there two moutlis previonsly and tliat be had never sinee nsed tliat fire. Detective Biekerdike and Deteetive Gibson stated in evidenee in tlie lower court thar wlien thov first examined tbis fire tall grass wa s growing elose round tbe asbes. tliprebv proving conelusive]y tliat it liad not been recentlv nsed. NO FURNACE. Ci) Xo niaterial, Mioli as iron plates, iron llues or chiinney lire-brieks, or brieks, were found; all or some of wliic-h bulky materials would liave been jiecessary to construet a furnaee. ]''urtliermove. tlie utinost efforts of tlie jn-osecutioii failed to even suggest tliat tbe necessai^ fuel wa.s available or had been proeured, and in iaet sueh fuel was iieither available nor liad been proeured. tio Aniong ihe Iimnan bones alleged to bave been found were two leeth. As XTrs Mouat had no natural teeth, t.heso rnukl not have heen hers. therehy es+ahlishing that the allegation that otber bones belmiged to lier nas not only a meie assunipfion but extremcly miiikely. m Xo kiiivos. saw or olher iiiili'emcnts wliieb would luye been lieeessai'y to disniemher a body were found or firoduced. The ordinary tools about the

| premises were microscopieally exam- | ined witliout any traee of blood or 1 other lemains being found, neitlier did , tbev sliow any traees of speeial eleaning or seouring. (m) Xo portions of ihe house or its eonlents, sueh as tables, benelies or floors, levealed tbe slighte.^t traee of having been nsed for tlie alleged disnienibering. (n) xVlthough the Crown called many expert witnesses the utilisation of its almost unliinitod resouroes failed to produce satisfactorv scientific evidenee proving tlie possibilitv of a body being destroyed in tlie eircumstanees alleged. and it is submitted tliat the alleged perfovniance was, and is, a matter of impossibility. (o) Oue set and a lialf of false teeth beloiiging to Alrs Mouat Avere produeed. Tbe lialf set liad been discarded by lier for many years, and the wbole set was an emergency set in ea«e of aeoident, sent to lier wbile living in Al'riea. Slie rvas weaving lier usual eomplete set at tlie tirne of lier disappearanee. BLOOD STAINS. (p) It is alleged tliat sinall blood stains were louud on some bedclotlies and niinute traees on tlie bath and in tlie bath-waste pipe. Wliile not definitelv suorn to be liunian blood. it is suliiniited tliat little or no signilieauee eotrld be attaelied to tbese matters even if some or all of tbese traees were liuiuan blood, as in every home there are numeious oeeasions i'orniinor bleedings, sueh as eut fingers, euls wliile sliaving, pimples, boils or other skin tronble, bleedings iroin nose, or teeth, or split lips. Finally, as the wastepipe irom tlie bath leads direct into tlie open street gutter, liad the bath been nsed in a eriminai nianner, even for wasliing haiuls or iniplements, the poliee and expert exaniination would liave found iu tlie gutter considerable quantities of remains, not only of blood, but of small portions of slcin, hair, bones and the internal eontents of tlie body. it is to be further emjiliasised that tliere liad been no rain at this period and iu consequence the street gutter liad not li.een subjeeted to speeial ilusliing. ADVERSE COMMENT. ((]) It is submitted that tlie actions of a eertain witness must be viewed witli eaution, espeeiallv as further inquiry diseloses tliat portions of liis evidenee are asailed by other witneses for tbe Crown. (rf Coniment adverse to tbe petitioner was made at tbe trial at bis linnging eertain bedclotlies on the line on tbe ino; ning oi' liis wii'e's disappearanee. Your ]ietitioner draws attention to the evidenee of .James ITeeney at tlie trial, that on tbe previous day both tubs conlained elotlie.s soaking, and it is now establislied by further evidenee that tbese elotbes were bedclotlies froni liis (lieeney's) bed. As a, further fact, these elotlie.s remained in soak all night, wero Avashed b.v Mi-s Mouat on tlie morniug of lier departure, and were pegged on tbe elotlieslines by your petitioner. ' MRS MOUAT'S PURSE. (s) It was alleged at the trial tliat Mrs Mouat liad no money. Your petitioner is now able to bring forwaid evidenee to tlie etfeet tliat Xlrs Mouat sliould have been in possession or control of a large sum of money, and that slie actually had a roll of notes in a bag or ]>urse on tbe day before lier disappearanee, and, furthermore, that this purse or bag has not sinee been found or aeeounted for. (ij Jt was alleged at tlie trial by eertain witnesses that all oi" Mrs Mouat' s elotbes tvere aeeounted for. and that if she rau awny slie iveirt witliout elotbes. Evidenee is now available that she jios^essed elotbes otber than produeed by tlie jioliee. to wif, a green relour eoat, a haL, a brown costunie, brown silk stockings and brown slioes. Tbe petition g-oes on to point out that on the day Mrs Mouat disappeared Mouat openlv pawned some of her jewellery, and tbe petitioner says tbal if lie had lieen the cunning criminal as suggestod lie would not bave acted in tliat way ojienly. Tlie petition eonsiders tliat tbe fact tliat ^louat's finaneial jjositiou was at its lowest ebb suggested a motive for tlie disappearanee of Alrs Mouat.

I Sinee Ihe trial tbe pet itioner was in- : formcd that liuman and other bones • liad been found in tbe loeality. and the | petition suggested tliat Mouat's liouse I liad been lniilt in tbe neiglibourliood of a rubbisli beap. | It is poiiited out by tbe petition tliat ihe allegation tliat Mouat rau | awav froni justiee al'ter bis wile disi apjieared wa.s untrue; lie. reniained j about liis house. | PREVIOUS THREATS. I Tlie history of ihe parties elearly es- . tablisbed, says tbe petition, that Mrs I Mouat was the dominant jiartner in I the uiiiou, and had olten threatened I to leave him. Petitioner points oufc tliat various people iufonned the poliee prior to the trial tliat they liad seen Mrs Mouat sinee her disappearanee. Tlie poliee, no doubt acting in accord witli tlieir lionest opinions, apparently took the j responsibility of Lreating tliose stalements as ineredible or otherwise unre- ; liabie, and none of tbe witnesses were produeed at tbe trial. Petitioner subi mits tbat all these ivitnesses should have been called. He also says tbe evidenee of Lucy Prosser was not iully elicited at tlie trial. In eonelusion, petitioner subnnts that he was unjustly convicted, and piavs tliat the eonvietion will be quaslied ; that he be pardoned or tbat a commission will be appointed witb full pon'ers to grant sueh relief as mav j be jjusfc. THE NEW EVIDENCE, iMay Prosser, of Christchui'eli, in her affidavit, states that on the 19th of i Fchruary, 192o, she saw Mr Mouat i wjth a. purse thafc was crammed with i njoney. An affidavit from Prof E. P M'orley, ; Auckland, drew attention lo the faet . that it would take some days to com- | pleiely desfroy a "human hody in an [ ordinary clomestic fireplace, anti that it

would eause an offence tliat would attraet attention of neiglibours. Affidavits were iiled by Ernest George Tlunte)-. raihvay guard. of Addington; fiene Harrison. niarried Avoman, ot Lyttelton ; Tliomas Holland, insuranee agent and Herbert Edward M'illiams, boot shop manager, of Monks Bav, Tledcliffe ; all of whom testified to having seen Mrs Mouat after tbe date on wliieh sbe is said tn hnv© disappeared.