THE SHOOTING IN GHUZNEE ST.

Dominion, Volume 7, Issue 1900, 7 November 1913, Page 5

THE SHOOTING IN GHUZNEE ST.

SUPREME COURT.

PATHETIC RECITAL. [ALLEGED /ATTEMPTED MURDER. When the criminal sessions were resumed yesterday, before Mr. Justice Chapman, Harry Somes, who was found guilty the previous evening on a charge of oanial knowledge with a recommendation for mercy, was brought up for sentence. Mr. Wilford, oa behalf of accused, asked' for a remand so that he could call sevoral prominent men who Would give evidence as to accused's character during the past 18 years. Sentence was deferred until thij morning. SHOOTING CASE. . GUILTY ON LESSER COUNT. ' Samuel Charies Minifie, 197 Willis Street, was then charged' with the attempted murder of his ,wife. Mr. H. H. Ostler (Crown Prosecutor) conducted the prosecution, and Mr. Wilford represented accused; _ ' Mr. Ostler, in opening the case, said that it was only by the merest chance that prisoner was not there to answer to the most serious charge known to the law—that of murder.' Accused was married, and for the last fifteen months bad been separated from his wife by consent. The two daughters lived witli Mrs. Minifie at 238 Upper 'Willis Street. They would state .that, ever since the separation, her husband had repeatedly stopped Mrs. Miuifie in the street, and had endeavoured to get her to take him back. He had also called at the house and had sent her several telegrams with the same object. On : July 28, Mrs. Minifie was coming down The Terrace, and when turning . into Ghuznee Strieet acoused, who was wait- • ing for her, stopped' her and said, "My chance has come at last." Ho again endeavoured to persuade her to come back to hiim, and when she walked on he asked her to go along Buller Street, but she refused.# At the corner of Willis Street and Ghuznee Street accused produced a revolver when she re- , fused to meet him next. night. Mrs. Minifie was very much frightened', and called to, a young man for assistance. 'Accused .turned Tound to see who she was calling to, and whilst his head was turned Mrs. Minifio ran, whereupon; accused .fired at her, the bullet her on the upper arm,, breaking the We badly. Mrs. Minifie was taken to the Hospital, where an operation was performed, and two large pieces- of lead extracted. She was in. the Hospital seven weeks. Prisor,pr went to the To Aro Post Office and sent the following telegram to his wife, "No hope, Jule." What that meant he. did not know. 'Accused had purchased a revolver from Mr. Smart a month previously, and the cartridges at another shop. Julia Minifie, wife of accused, coitoborated this opening statement, adding that when she refused to. po. with her

husband he said K "Not all the police in Wellington'can save j'oui" He kept her half an hour before he fired the shot.

Mr. Wilford: Did - you love your husband when you married Kim?— "Yes,"

And he you?—."Yes." :How mahy*' telepTams'-durihe ;; the /fifteen mohtftyhas'Vhe serit' , ''yW?'' I ' ! 'A hundred? —"No." Fifty?—"No; not half a dozen." Mts. Minifie, further cross-examined, saidithere hid been very little change

in her husband since they separated. ] Ho told her' that ho had not slept and had taken bottles and bottles of medicine to induce sleep. He looked different now to what he had looked for eome time. She told him he would have to live a different life before she could live with him again. Zillah Minifie, the elder daughter, stated that accused had shown her a revolver. > Mr. Wilford Pullod Up. Mr. Wilford: Do you love your Father? —"I don't- exactly hate him." , Mr. Wilford: Have you any affection for him? His Honour: I don't think you should ask -witness these questions. You are Inot here to throw dirt at' her. . .' / Mr. Wilford (to witness); Have you bny real. affection for your father? His Honour: Have your . questions anything to do with her truthfulness ? I In what way do you impeach her? Mr. Wilford : About the production of 'the revolver. I want to see if she has Bny feeling in the matter. .Witness .added that she and her Bister_ passed 1 their father without speaking, becauso mostly he was worse for drink. Gladys Minifie, the younger daughter, Said accused was always saying he .would "do" for some of them. Constable Barkley proved the arrest I6f prisoner at the. To Aro Hotel and the finding on him of a five-chambered iempty revolver and eleven cartridges. On seeing the revolver accused said, "I didn't know the revolver was loaded; I would not injure my wife for all the world." . j Dr. M'Call, surgeon at the Hospital, Idescribed the injuries. James Howe, watersido worker, said that he heard a disturbance in Ghuznee Street, and heard someone call out, "You have shot me.'.' Mar.v Bailey, wife of Thomas Bailey, 238 Willis Street, ' stated that Mrs'. Minifie and her ■ daughters lodged with her. After Mrs. Minifie had been taken to the Hospital the telegTam spoken of arrived for her. George Levy, clerk at the G.P.0., produced the original telegram. _ Walter Smart, pawnbroker, said that' he sold the revolver to accused on June 28. LateT he pawned it and redeemed it'-on. July 26. Line of Defence Taken. Mr. Wilford, addressing the jury, eaid that accused was innooont of attempted murder, as to convict him of that- offence it must bo proved that he fired the revolyer intending to kill her —otherwise ho was innocent. He had no more intention of murdering his itrife than ono of the jury had. The shooting took place at 6.45 and the telegram was s°nt at 8 o'clock. What did it mean? "No hope" .by itself meant nothing; but "Is there no hope of us living together?" was not the telegram of a ma.n intending to murder his wife. They had no evidence that accused knew .that he had shot her. The whole 'evidence showed that accused loved his wife, more than ordinarily. If he did not, why for fifteen months did he haunt her, praying her to come back to him. Accused played the game of like'a fool, he admitted, hut many did that. Love mud© wise men foolish and foolish men mad. He (Mr. Wilford) held no brief for accused's behaviour toiwaTfls his wife and children, and he did not blame Mrs. Minifie for being separated. He believed that there was still real-affection between the. two. Mrs. Minifie had given her evidence under great restraint, and in -a way which commended itself to all of them, and it showed that sho had affection for her ■ liusband:_ If he lived a better life it mitht still be that-' tho parents and children would live together again in the same home. Mr. Ostler asked His Honour to 'direct the jury that it was open to tbem to find! accused guilty of wounding with intent to cause grievous bodily harm. : His Honour: I intend so to direct j!hem. Questions for the Jury. In addressing the ■ jury, His Honour said that one person could' not fire a

revolver at another without great risk of killing him. It was open to the jury to decide whether the intent was to commit murder or what the motive was. His Honour asked the jury to decide: (1) What was intended when that shot was fired? (2) Was it_ with intent to murdor? (3) Was it with intent to do grievous bodily harm ? or (4) Was it a criminal act which did actual bodily harm? His Honour, continuing, asked why acoused bought the revolver at one shop and the cartridges at another. Was the revolver to frighten his wife or to injure her? In conclusion, His Honour pointed' out that drink was no excuse for crime, as many men had been convicted of murder and other crimes committed: when drtuik. A pistol often went off during a struggle, but in this case there was no struggle. It was a question of inference from undisputed facts. Finding of the Jury. The jury retired at 12.40 and returned to Court at 2.30, when the foreman announced a verdict of not guilty on the charge of attempted murder, but guilty of 'causing grievous bodily nann. Mr. Wilford asked' that the first part of tho verdict should bo placed on record in case he desired to use it in the Court of Appeal, should he ask that Court to rule that that was a verdict of not guilty. His Honour declined, ruling that the intention of the jury was to convict prisoner of "assault on his wife with intent to do her grievous bodily harm. Sentence was postponed until this morning. Mlnlfie's Worthless Cheques. Minifie then pleaded guilty to three charges of false pretences by means of valueless cheques on the Bank of Australasia at Masterton, where he had no account. It appeared that on July 4 accused obtained goods and money to the amount of £3 from W. T. Quinton in: return for a valueless cheque for £3: on July 12 he attempted to defraud Hannah and Co., by obtaining a pair of boots, value £1, and £3 in money in return for a worthless cheque for £4; and on July 24 ho obtained from Herbert Henry Price a shirt and collars, value 6s. 4d., and £1 13s. Bd. in money, in return for a valueless cheque for £2, Sentence was deferred.

It was announced that the Court would sit at 9.45 to-day.