LAW REPORTS.

Dominion, Volume 6, Issue 1864, 25 September 1913, Page 11

LAW REPORTS.

LOWER COURT. THE GHUZNEE STREET SENSATION. MRS. MINIFIE'S STORY. CASE HELD-OT ON TECHNICALITY. Samuel Charles Minifie, who had several times beon remanded, appeared at the Magistrate's Court yesterday charged with attempting to murder his wife, Julia Minifie. Ho was represented by Mr. T. M. Wilford. Mr. W. G.Hiddell, S.M., was on the bench. lira. Minifie, who looked ill, was given a seat during the course of her evidence. She stated that she had not lived with her husband for fifteen months—they had separated on account of her husband's cruelty. They last lived together in Elizabeth Street. Since then he had frequently stopped hor in tho streets, and asked her to tako him back. On July 28 her husband met ■ her at the corner of tho Terrace and Gjiuzuee Street, as she was returning from •work. He stood in front of her, and burred her way, remarking, "At last my ohance has come." . She told him that she was tired, and asked him to let her go homo. Sho continued along Ghuzneo Street, nearly to Willis Street, but her husband stopped her again, remarking, "Not all the police in Wellington will save you." He then pulled out a revolver from his overcoat pocket, and pointed it at her face, remarking, "It is too late now; I intend to kill you." He, however, put the revolver back in his pocket. She was very frightened, and appealed for protection to tho first passor-by. Sho rushed into a gateway, and was then immediately shot, hor nusband being tliree or four paces from her as he fired. She was struck by tho bullet just above the right elbow. A lady came to her assistance, and she did not see accused again. Dr. Gibbs was sent for, and he ordered her removal to the hospital. Here sho had remained seven weeks. Evidence of Daughters. Zylla Minifio. daughter of tho accused, and employed at one of tho city theatres, stated that, about' three months ago accused had said that ho wanted a word with her, and she then noticed that he had a revolver. He had asked for her mother,- but was ordered away. He mado a certain threat as he left. Gladys Minifie, a younger daughter, who burst into .tears after taking the oath, said that somo time ago, when she met her father in Jossio Street, ho had also made a certain threat. ' Inspector Sheehan: Just before this offence was committed, did you Geo accused prowling about? Witness answered that sho had often seen her father near the house previous to tho offence. Mr. Wilford: Do you bate your father?—" No." Are you fond of him? —Witness burst into tears. Mr. Wilford: Never mind, then. Dr. M'Caw, house-Burgeon at the Hospital, gave evidence as to tho nature of tho injury. Telegram and Technicality. Georgo Levy, clerk in the accountants' branch at the Q.P.0., Wellington, was next called. His evidence was in connection with a tolcgram sent by accused to his wife. Mr. Wilford (to the magistrate): Ought you not to aßk witness if he has the consent of the Publio Service Commissioners . to produce the telegram ? Tho Magistrate: No, I am not going to ask him that. Mr. Wilford: Ought not the inspector? The magistrate: Tho inspector may do as he chooses. Mr. Wilford: I don't want the witness to'get into trouble. Witness > volunteered to take It-hat risk. ' Mr. Wilford produced and 1 read the section of the Post Office Act' which showed that authority must be produced from the sender of tho telegram to the superintendent. Witness roplied that tho office of superintendent had been superseded by the Minister of Telegraphs, and mentioned tho authority given by Mrs. Minifie for producing tile telegram. Tho magistrate: That can be remedied later. ' i Mr. Wilford: This is a criminal trial, and I must take my points as they arise. That is what I am here for. Inspector Sheehan: Tho telegram is .bound to como beforo tho Supreme Court. The magistrate: That is not tho point. It is not addressed to the proper authority which is fixed by statute. You cannot go on with this witness until you have brought matters into conformity with tho provisions of tho Act. You can amend tho requisition and call this witness last.' i It was decided to complete tho evidence for the prosecution, and then adjourn tho hearing until the provisions of tho Act had been complied with. Identity of a Detective. Evelyn Gertrude Bruce, sister at the Hospital, stated that sho was handed two pieces of lead from tho wound. These blio had-handed to a detective. Mr. Wilford cross-examined witness as to tho identity of the detective, whom sho described as being considerably taller than Mr. Wilford. Mr. Wilford: I am exactly six feet. Tho magistrate: But you aro taking witness at a disadvantage. Mr. Wilford had one foot resting on bis chair, and was leaning over tho table in a stooping posture. Mr. Wilford: Very well; I will stand to attention. I Witness still thought that the detective was taller than Sir. Wilford. Constable Barton, who arrested acoused, said that he found on him a revolver and eleven /cartridges. On seeing tho revolver, accused said: "I did not know tho revolver was loaded; I would not injure my wifo for tho world." Inspector Sheehan asked for the case to be adjourned until next Wednesday, remarking that ho would then call several witnosses whoße names had beon called that morning and who wore not in attendance. Accused was then reiilfcnded until October 1. UNCONTROLLABLE TEMPER. Robert Murray, a powerfuliy-built labourer, was charged with assaulting David Grinton, porter, so as to causo him grievous bodily harm, but after hearing tho ovidenco of complaihant and the doctor the charge- was reduced to one of common assault. David Grinton stated that, during the course of tho affair, accused bit his finger, knocked him down, and stabbed him on each side of the face and forehead with a fork. Nest day ho (witness) folt very ill and dropped down in a faint opposito tho Trocadoro Hotel. He was taken to tho Hospital whero ho remained eloven days. Accused, when asked to plead, said: "I plead guilty to a common assault under great provocation." Tho Magistrate: Tho onus is on you; do you wish to mako any statoment as to tho provocation you received? Accused declined to mako any statement, remarking that as thore were 110 mflro witnesses whom he could cross^.

examino he preferred to "let tlio case go as it was." Sub-Inspector Sheehan said that accused was known as ono of those savage men who had no control over himself when he got into a passion or a fit of temper. He was known to havo bitten men on the wharf without the slightest provocation. Accused was sent to prison for bis weeks. THEFT FROM VAN. Harry Spooner pleaded guilty to stealing three boys' suits, the property of Herbert Millingfcon, and a quantity of bronze fittings, the property of Hare Bros. These were on a van, and while the driver was away, accused was seen to remove them by a boy who raised an alarm. There woro four previous convictions for theft against accused. Ho was committed to prison for one month, OTHER COURT OASES. For insobriety Joseph Johnson, a prohibited person, was fined 205.; and for breach of the prohibition order he was fined £3, in default seven days' imprisonment in tho first case, and fourdays' imprisonment in the second. William Whitford and Thomas Martin Harvey were fined 20s. and 10s. respectively for insobriety. Henry Edwards was convicted and discharged and fined 205., with 10s. expenses for unlawfully trespassing on tho premises of Catherine Tier, at Moxham Avenue. Ho was also fined £3 for using certain language on tho same occasion, default being at 21 days' imprisonment.