WHIROKINO TRAGEDY

Manawatu Standard, Volume LIII, Issue 16, 16 December 1932, Page 9

WHIROKINO TRAGEDY

CHARGE OF MURDER

HEABING AT LEYIN

Charged with the murder of his elder brother, John Spencer Seabury Easton, aged 20, at Whirokino, on the Eox-ton-Levin Road, on November 22, Allen Roy Easton, aged 16, of Whirokino, appeared before Mr J. L. Stout, S.M., in the Magistrate’s Court at Levin, this morning. The inquest, which was formally opened on November 24, was resumed before the Coroner, Mr A. Eraser, of Eoxton, the evidence being taken currently with the Court proceedings.

CIVIL ENGINEER’S EVIDENCE. Mr F. H. Cooke, of Palmerston Tsorth, appeared for the Crown, and Mr M. B. Bergin (Foxton) for accused.

Evidence was given by Charles Milliard Wheeler, civil engineer, of Palmerston North, that he had prepared a plan (produced) of Mr Easton’s pro?erty and cowshed. The latter was 56 yards in a direct line from tho house, and to reach the dwelling it was necessary to traverse a rough track, including getting through a barbed wire fence and passing through a gate. [Point 0, on the plan, described' was the position where deceased was sitting. In the north-west corner of the cowshed there was a door. There was a elight fall in the level from the shed into the yard. Just outside the rails of the cowyard there was an abrupt drop of about one foot. Anyone going from the cowshed to the house would be going uphill. Cross-examined, witness said the nature of the ground approaching the cowyard was ordinary paddock, with a generally uneven surface. There were some bare patches on the east side close up to the fence. The cowyard was just bare earth, whicn was between firm and crumbly at the point where it dropped ono foot in level. There waS| a post and rail fence round the cowyard. Levels had been taken from both inside and outside the fence. Deceased fell near the third jrost in the fence, the top rail of which was 4 feet from the ground just inside the fence. From the ground 18 inches outside, the top of it was 5 feet high. The distance between the line of fire and the post at the end of the partition dividing the bail was a bare six inches. The Magistrate: Is the partition close boarded ?

Witness: There is a gap about Ift. 4ui. wide from the post where two boards are missing. The distance from the post (oin by oin.) to the wall was 9ft 4in. Deceased was sitting about 2ft 9in. along the partition and 2ft. 6in. out from it. The distance from the wire fence which had to be crossed to the fence of the cowyard' was 167 feet. For about 40 yards from the wire cross fence anyone using the usual track would be in full view of Point C (where deceased fell). There was a clearance of five inches between the tank-stand and the line of fire.

Senior-Sergeant E. W. Dinnie, in charge of the Criminal Registration Branch at Wellington, stated that he had received from Detective Barling a gun (produced) for examination for finger prints, but he had not found any on it. Subsequently, witness took photographs (produced) of Mr Richard Easton’s place. Tho first showed the fence, cowyard, and milking shed. A kerosene tin indicated tho position, as pointed out to him, where deceased sat while milking. The second photograph was of the interior of the milking shed, taken straight from the front. The third was a view of the back of the cowshed, and in the right hand bottom comer, indicated by a piece of paper on tho gro«nd, was the point where the gun was stated to have been picked up. A fourth photograph was taken from the side fence on the approximate line of fire. Marks on a post indicated the position of pellet marks. FATHER’S EVIDENCE. Richard Allen Easton, farmer and contractor, of AVliirokino, testified that ho was the lessee of a farm five miles from Foxton and 1J miles on the Levin side of the bridge. He lived on the section with his family. His eldest son was 20 when he was killed. The other son (accused) would be 17 in May next. V itness, with his two sons, was milking 27 cows on the afternoon of November 22. Some 21 had been milked at about 6.35 p.m. Witness was in the left-hand bail, nearest the tank. His son Roy was in the same partition next to him. His son Jack was sitting on the box shown in tho plan. Roy said to Jack, who was about' to tip milk into the separator, “You had better milk another cow.” Jack replied to witness and Itoy, “You can finish them in plenty of time.” Roy said, “No, you ought to milk another one.” Witness'did not hear what Jack said in reply, though lie brought in another cow and started milking. Witness went down the yard to get another cow. Roy said something to Jack which witness did not hear, and Jack caught hold of his brother and shook him. Witness called to them to separate, as Jack seemed a bit out of temper. They •went on milking. Roy finished stripping his cow in another minute, took his bucket into the separator room and went away. The Crown solicitor: Did you notice anything about Roy when he got up ? Witness: He looked as if he were crying and was thoroughly upset.

There were tears in his eyes. I went into the separator room to shut the door to keep the cows out. I did not see Itoy again and I do not know where lie went, as ho was going through the fence on a straight line to the house.

Continuing, -witness said he then resumed milking. Jack was milking his cow. Six or seven minutes elapsed and then witness heard the report of a gun. Jack, who was sitting down, got up and walked ovor to the fence to post No. 4. He was holding on to his chest, and witness followed and put his arm round his son. Witness saw marts on the chest like shot wounds. Jack was leaning on the post. Witness sat him down and he said: “Dad. I am hurt. You had better get the doctor.”

The Crown Solicitor: Are you sure that was all he said? Witness: That was all. I ran to my. nearest neighbour, Mrs Arcus, who telephoned for the doctor. I went straight back to Jack. He was pretty bad. Witness broke down at this stage, and the examination was temporarily suspended. Resirtning his evidence, Mr Easton said he carried Jack out of the yard and went for water, but when he returned he was dead. Mrs Arcus then arrived and the doctor came subsequently. Witness, further examined, stated that when Jack was leaning on the fence, lie (witness) saw Roy about 70 yards away running round a cabbage tree.

The Crown solicitor: Do you know if Roy saw Jack? ■ Witness: He could have seen him.

The Crown Solicitor: Did he see Jack walk over to the fence after lie was shot P

Witness: I could not say. The Crown Solicitor: Did you find anything on the ground P Witness: Later on I picked, up a cartridge on the outside to the fence, six feet from the second post. It was like the one produced, and I gave it to the doctor.

Witness added that there were two guns and two rifles in the house. The gun produced belonged to Jack. He saw it after the accident when it was found across the paddock.

The Crown solicitor: Was it in the direction where you saw Itoy running away ?

Witness: It was somewhere about there, but Roy was a bit past it. There was only one shot cartridge in the house, but any quantity ot rifle ammunition. Roy bought the last packet of cartridges. It was in the case (produced). They were bought about three weeks before November 22.

The Crown Solicitor: Are you satisfied there was only the one in the house P Witness: I am certain, because on the Sunday before it was said there was only one cartridge left. I said, ‘Do not shoot it off, wo might want it for something?’ Witness said he counted 74 pellets in the posts in front of and behind Jack. There were two in the door and some in the cow’s udder. There were shot marks on the milking tin (produced) which Jack was using.

The Crown Solicitor: Did Roy come home that night? Witness: No, but the next night I was in a car looking for him and saw him going towards Foxton. He was walking across Cull’s paddock, 1J miles from the bridge, and close to his home. I ran after him and caught up with him. 1 said, “Hullo, Roy; you had better come back home. I have a car.” After walking a bit, Roy said, “How is Jack?” I replied he was dead. We then reached the car and there was no more conversation.

The Crown Solicitor: Then he never said anything about Jack? Witness: Nothing except to ask how he was.

Cross-examined, witness said the boys had the use of the firearms whenever they liked, Roy used to go out after deer. Ho had shot two last season. The gun (produced) had been repaired Eix weeks previous to the accident, and witness had used it once or twice. Counsel for Accused : Hid anything ever happen to it after it was repaired —anything peculiar? “Witness: The springs were a bit weak. Once it misfired. Re-examined, witness said about fifty cartridges were fired out of the gun after it was repaired. The Crown Solicitor: And it misfired once ?

Witness: I only used it two or three times.

The Cl-own Solicitor: But that might have been the fault of the cartridge?

Witness: Ido not know. The- spring was a bit weak. The evidence was still in progress at the luncheon adjournment.