WHIROKINO TRAGEDY

Manawatu Standard, Volume LIII, Issue 17, 17 December 1932, Page 3

WHIROKINO TRAGEDY

MAGISTRATE’S COURT HEARING. ACCUSED COMMITTED FOR TRIAD. The hearing of the charge against Allen Roy Easton, aged 16, of \Vhirokino, of the murder of ids elder brother, John Spencer Seabury Easton, aged 20, at liis father’s farm on the Levin-Foxton road on November 22, # was concluded before Air J. L. Stout, S.M., in the Magistrate’s Court at • Levin yesterday afternoon, when accused was committed for trial. The inquest into deceased's death was held concurrently, and at the conclusion of the evidence, the Coroner, Air A. Eraser, of Foxton, returned a verdict that deceased came by his death from heart failure, caused by a gunshot wound. Mr F. H. Cooke, of Palmerston North, appeared for the Crown, and Air B. Bergin, of Foxton, for accused. The evidence of several witnesses appeared in the “Evening Standard” yesterday. Detective E. Barling gave evidence that on November 23 he was handed a shotgun, and an empty 12-gauge cartridge case (produced) ; and on the following day submitted them to Senior-Sergeant Dinnie for examination. Ho received them back the samo day and handed them to Air Tisdall.

Dr. S. J. Thompson, of Levin, stated that on November 22 lie was called to the farm of Richard Easton at C p.m. Witness saw a man who was stated to !>c Jack Easton. Ho had been dead for about ten minutes. There were several small wounds on tire chest and on the left arm. He noticed that a post and a bucket had been peppered with shots. Somebody handed him a cartridge similar to the one produced, and he gave it to Constable Bagrie. The next day. witness conducted a post mortem examination, assisted by Dr. Miller. The body was that of a well developed young man There were several wounds on the surface, 12 on the upper portion of the chest, including three over lOre region of the heart. There was one on the abdomen, 15 on the left arm and hand. 11 on the right thigh and three on the outer side of the left thigh. There was one on the right leg and 14 near tire. left knee. There was extensive bruising between the second and third ribs on the left side near the breast-bone, corresponding with two of the surface wounds on the chest. There were two wounds on the front ,surface ol the heart, corresponding with two of those on the chest, and .with the bruising between the ribs. A lead shot pellet was found in the lower part of the heart. Another j>ollet which had penetrated the upper part could not bo located. There were four small wounds on the surface of the right lung, corresponding . with some of the wounds on the outside of the chest. Death, in the opinion of witness, was due to severe haemorrhage from two wounds in the heart causing rapid failure of the heart. Deceased would die within 15 minutes. Ho would probably bo conscious until a few minutes before his death. He could speak at first after receiving the wounds, but would become progressively weaker. The direction of the wounds was almost horizontal, going obliquely from the left side of the body in the front towards the right at the back. Corroborative evidence of the results of the post-mortem examination was given by Dr. E. Alillcr, of Levin. GUN EXPERT’S EVIDENCE: S. T. Tisdall, gun expert, of AVellington, gave evidence that he had received from Detective Barling a 12gauge choke-bore shotgun which had been discharged, a cartridge case which fitted the gun and had been fired from it, the indentations on the cap and on the striker coinciding. Four lead pellets received from Constable Bagrie were found to be No. 4 shot. It was impossible to tell what kind had been fired from the cartridge, but of that particular shot the shell could contain 190. With that particular cartridge fired at 10 yards, the diameter of the pattern made (the

spread of the shot) would be two or three feet. Witness had visited the cowshed at Richard Easton’s farm, whore lie saw a post with about 70 pellets in it. There were nine or rO in another post behind it, and two marks on a door further at the back. The trajectory of the shot indicated that it had been fired down front a height in the yard. Furthermore, some of the shot marks themselves indicated the direction from which they had come. Looking at the photograph, he expressed the opinion that the shots were fired from between tiie second post and the batten, aim nctween the top and the second rails. The shot had been fired from approximately 10 yards away, allowing a margin of not more than a yard each way on that estimate. Cross-examined, witness said ho considered the shot had been aimed at a position between the two posts. G. \V. Windelev, a farm labourer employed on the property of Air Arcus, adjoining Air Easton’s property, stated that at about 6.-15 p.m. on November 22 he went over to help to milk. He found Jack Easton lying dead outside the cowyard. Airs Arcus and Air Easton were there. Witness went to search for Roy East'on and found a gun about 30 paces from tile cowshed on tire western side. A clip from under the barrel'of the gun had broken away, and was lying alongside it. Constable Bagrie stated that ho proceeded to the farm shortly after 6 p.m. oil November 22. On the way lie met Dr. Thompson, who handed him the cartridge shell. He saw John Easton lying dead outside tire gate ol the cowyard. Someone called out •‘Here is the gnu.” Witness remained in charge while several men went away in search of Roy Easton, lhe gun was picked up 30 yards from the cowshed. Witness described shot holes in various parts of deceased’s clothing. ACCUSED CHARGED. Later, on iNovcinuer no, witness aduccl, ill consequence ol a message which. lie received, witness returnee lo tne larut at i p.m. and learned unit accused was in Lied. W itness remained at the house all niglit, and oilw accused wiicn lie awoite at 4 a.in. alley leir tne property at l a.in. anu at uie police station witness preierrcu i lie present charge against accused, wno made no reply. Lonstauie Grainger stated that lie accompanied wonstaulo Bagno to tne larni, wlicre a searcli was made and Mr Windelev saw a singie-barrelleu oliutgun lying on the ground about od paces Horn tne cowshed. Witness was within a tew leet of him when it was tound, and it was not disturbed until taiten charge ol later. Witness escorted accused to Wellington, and alien they, reached Utaki, accused said, "yiiirke thinks I killed my urotner, blit 1 did not mean to hurt linn.” Witness had not discussed Uie matter with accused, who made that comment of his own volition.

Counsel lor accused: Did the boy appear to be at all upset Y w itness: lie was very quiet, and I thought lie was tired. Ire went to sleep liall-way to Wellington. Senior-Detective Quirke stated that when he arrived u.t Air Easton’s farm at 10.30 p.m., on November 22, he saw deceased's body lying on its back on the ground four feet from the cowyard gate. Witness described the pellet marks on the body. Witness was shown the gun (produced by Constable Grainger) at a spot from the post marked 2 on the left-hand side fence of the cowyard. The gun was found at the rear of the cowshed. Subsequently an examination was made of deceased’s clothing. Witness described the marks. There were also five small holes and three dents in a tin milking bucket (produced) which could have been caused. by shot pellets. On December G, Richard Easton, in the presence of witness, placed a Jersey cow in the bail on the right-hand side of the shot marked partition post. The cow’s body just reached to the space in the partition. In that position shot could have reached the udder through the partition space of 1 foot 4 inches marked on the plan. There was a pellet mark on the right rear cheek of the udder. On December 7, with Constable Compton, witness examined a post at the right rear of the partition post. It was 4ft to the right rear and 71 inches from the partition post. There were 73 holes in the partition )>ost, and its right edge was shot away. The shot marks on this post started at 17 inches from the floor of the shed and ran to a height of 30? inches from the floor. There were nine pellet marks on the post to the right rear of the partition post. The shot marks on this post started at 15J inches from the floor and rose to a height of 2G£ inches above the floor. There was a single pellet mark on the right exit door from the bails. This mark was 4£ inches front the right wall of the cowshed and 18 inches from the floor of the shed.

Cross-examined, witness said no statement had been made by accused prior to being charged. Witness did not inspect the other firearms in the house. From the position where the shot was fired, a pellet which he found in the udder must have gone to the left side of the partition post. The back of the cow would not obscure any part of the body of deceased, or only slightly. The back-quarters of the cow, and the man would he exposed at a.n angle. Shots going through the Ift 4in aperture might hit him or the cow.

Counsel for accused: And does your evidence account for all the pellets? Witness: No, there are 40 or more unaccounted for. DEFENCE DESERVED.

Counsel for accused intimated that the defence would be reserved, and entered a plea of not guilty. Accused was committed for trial at the Supremo Court at Palmerston North on February 7. The Coroner returned a verdict that deceased came by his death from heart failure, caused by a gunshot wound.