LAW REPORTS

Dominion, Volume 8, Issue 2310, 18 November 1914, Page 9

LAW REPORTS

SUPREME COURT ATTEMPTED MURDER THE CLYDE QUAY TRAGEDY MULLINS FOUND GUILTY William Amos Mullins, an elderly man, appeared before His Honour the Chief Justice (Sir Robert Stout) yesterday af ter-aoon, charged with the at-: tompted' murder of his wife, Eliza Johnson Mullins. The charge i ras /the sequel to the tragedy, which occurred in Clyde Quay on August 13 last, when Mr. and -Mrs. Mullins were both admitted to the Wellington Hospital in a critical condition, suffering from bullet' wounds. Whim seen in Court yesterday Mullins appeared to have made a good recovery from his injuries, but 'his wife was still in a feeble stats of health and.had to be assisted to the cbair from which she gave her evidence. ;Mr. H. H. Ostler, of the Crown Law Office, conducted the prosecution, iWhila Mir. O. V. Goultef appeared for the accused, who pleaded riot guilty. In outlining the case to. the' jury, Mr. Ostler explained that Mullins, rn August last, was working at Makara, •while his wife resided at 102 ClydeQuay. On August 12 Mullins came to the City to tpend the night with his -wife and family, - intending to return tc his work on the following day. According to his wife they lived happily together and had no difference. The 6on, however, had said that there had been a row on the afternoon of August 13, and there was evidence that the husband had made tho remark: "Fancy, we are going to part and see each othei' no more!" But there was no serious difference until about half-past 8 o'clock that night, just about the time accused was to catch his tram.' He went out of the house asking Mrs. Mullins to follow him. She followed and when he had gone some little way he turned round and shot her. She fled ecreamihg into a room occupied by Mrs. Palliser (one of her boarders) and accused followed and shot her again. , The first shot had taken effect near the left eye, and the second behind the right ear. Mrs. Palliserpwho was in her. room, then fled, leaving accused mumbling to himself and clicking his revolver.- Accused subsequently tried to commit suicide, and when the police arrived on the 6cene, they found him lying on the floor with two bullet wounds in the forehead.

Dr. H./Hardwick Smith, medical superintendent of the Wellington Hospital, gave evidence as to the admission of the.accused and his wife ,to the Hospital on the night- of August 13 last. Mrs. Mullins had been bleeding profusely, and was suffering from wounds, which could have been caused by shots from the revolver produced. She had been in the institution about ttvo months, and was then sent to the Convalescent Home. She had not. yet fully recovered. ' ' Eliza . Johnson Mullins, wife of the accused, stated that up to the night'of August 13.' last she' had • resided with her family at 102 Clyde Quay.; Her husband at that time was working at Makara,''and intended'going home by the tram that night. Prior to leaving he asked; her several times to go into .the yard to., say. '.'Goodbye" and see him. off. Witness desbribed how she finally followed him and how the shooting took place as related by the Grown ! Proseoutor. She had married! accused (a widower) in England in September, 1913, and they had left for New Zealand soon after the marriage. Mr; Goulter: Had you at any time previously noticed anything queer about your, husband ? "Witness: Yes. . His' Honour: In what way, Mrs. Mullins?. .. . "..:'.'..• Witness: Well, ; he hardly seemed himself. - ''Mr. Goulter asked if the witness had noticed her husband sitting by himself 'for hours at a time and taking no notice of anyone. • Witness replied that she had seen him sitting by himself. Ho seemed to change soon after they sailed from England. He became quieter. "< Mullins was not addicted to strong drink, but he did take a glass of liquor occasionally, and she had once seen him the worse for liquor. They had never had any serious quarrel except over work. Mullins was'a-religious man. He was supposed to be a very good living man and went to church every, i Sunday. He had often said to witness that he i could not understand any person taking another person's life. ' Jean Palliser, married woman, whowas boarding with Mrs. Mullins at 102 Clyde Quay, in August last, declared that when she .saw Mullins on the evening of August 13 about 6 o'clock he appeared to be quite i normal.' There was nothing \about his appearance to attract witness's attention. She retired to bed about-8.30 p.m., and some time after heard Mr. and Mrs. Mullins coming up the stairs. Witness then heard a loud report—not knowing what it was —and almost immediately Mrs. Mullins ran into witness's room,. with ' blood streaming from her face. Mullins followed his wife in, ■ stood in front of her, and shot her with a revolver. Witness then got out of tho room and stood near N the door, sonrcely- realising what she was doing. She was very frightened. Subsequently she' hoard Mullins clicking the revolver and muttering to himself; Evidence for the prosecution was also given by ' Ruby 4 Clough, married woman, and Edith Pascoe, Plunket nurse, Who wore residing at 102 Clyde Quay_ on tho night of the -shooting; by Richard ' Connor,. clerk, who was at 106 Clyde Quay on the same date; by William Mullins, aged 10 years, son of the accused; by Constable E. J. M'Kelvey, who was called to 102 Clyde Quay, after the shooting had taken place; and by Sergeant Taylor, who corroborated portion of the evidence given by Constable M'Kelvey and deposed to arresting Mullins on' September 11 on charges of attemptod' .murder and attempted suicido. ...;■■ This closed the case for the prosecution,_ Mr. Ostler not desiring to address the jury.

Mr. Goultor, who called no evidence, addressed'the jury on the 'question of tho acousod's condition of mind at the time of the shooting. It was for tho members of tho. jury to decide as reasonable men of. the world whether 'the accused was in a sound frame of mind on tho night of the affair. Counsel had not called any medical evidenco, because the only evidence lie could havo got would have been in regard to tho accused's' condition some weeks after tho date of tho shooting—when ho was in a fit state to bo examined as to bis sanity. It was submitted, that, if any evidence _ was to be had as to tho mental condition of Mullins on the night of August 13, tho best evidence- was that given by his wife, who said that her husband seemed queer and-had said "Good-byo!" several times. If he had shot himself only and killed himself there would, have been an inquest and the verdict would havo been suicide while temporarily insane. Counsel hoped that if any juror came to the conclusion that accused was insane at the time of the shooting, thathe would, not be swayed by the majority. His Honour: 'You've no right to address the jury in that fray. Tho jury V

have got the evidence to go on. That s j an insult to the jury. Mr. Goultor: Very well, Your Honour. His Honour, in summing up, pointed out that tho law was that everyone who committed an act must be deemed to be sano until tho contrary was proved. In this case there was not an atom of proof that the accused was insane. ' ■ The jury retired at a quartor_ to 4 o'clock and returned 1 in twenty minutes ■With a verdict j)f "Guilty." 'ANOTHER CHARGE. Mullins then pleaded guilty to the charge of, attempted suicide preferred against him in connection with the sarno oiroumstances. His Honour ordered that the prisoner should appear for sentence at 10' o'clock to-morrow morning. STODDAUT ACQUITTED. Before His Honour Mr. Justice Hosking yesterday, the retrial of Herbert Charles Stoddart waß, concluded'..'. It was.alleged that Stoddart had, committed jin indecent act in a. house in Macdonald Crescent on October 21. Tho jury retired at 1.30 p.m., and returned at 2.50-p.m. with a verdict of "Not Guilty," and the prisoner was discharged. Mr. P. S. K. Macassey, of the Crown Law Office, represented the Crown, while Mr. T. M. Wilford appeared for the prisoner. /