SHOOTING WITH INTENT TO KILL.

Globe, Volume XXIV, Issue 2549, 9 June 1882, Page 3

SHOOTING WITH INTENT TO KILL.

David MoNevin, on remand from Wednesday, was charged at the B.M. Court this morning, before Mr Ollivier, R.M., with the above offence.

Mr MoOonnel appeared for accused

John Glanvillo, a bootmaker, deposed that at about 11.16 p.m.,on June 6th, while sitting in tho kitchen of a boarding-house kept by Mr Toomer, in Drain road, Biagsland, in company with Annie Walsh, tho servant girl, the* back door was opened, and he heard prisoner say, 41 I have you this time.” There is a pantry partitioned off from tho kitchen. The door of tho pantry was open, and through a window in the pantry, in a lino with the door, a view can be obtained of the spot where witness and his companion were sitting, which is a distance of 14ft. When accused spoke ho was in the passage outside the window. After hearing several repetitions of the words named witness heard the report of a shot. The girl ran to the door ehe said to accused, 44 Don’t be foolish, Dave, what are you doing.” Accused said, 44 That’s in you. 44 Witness followed the girl and asked accused what he was doing. Accused said— 44 The first b that comes to the door I’ll shoot.” 44 Come out Jack and I’ll kill you.” Some further conversation ensued, in which accused freely thri atoned to shoot witness. Finally accused was persuaded to go to his own bedroom by Mr Toomer, who had come forward, and witness heard no more of him. Witness never had any quarrel with accused, who had, ho understood, been 41 keeping company” with Miss Walsh j he had taken her out walking, but had never shown any jealousy of witness. Witness did not see tho prisoner during the affair—the door was between them. He had seen the revolver, produced, in a drawer in prisoner’s bedroom on May 28th; there were two charges in it at the time. The window in the pantry is four feet six inches above tho floor. After accused was arrested witness noticed a mark as of a bullet in tho wall, thirteen inches below the window sill.

Cross-examined The occasion which he had mentioned was the first and only time he saw the pistol. He .had beard accused speak about it months before. Witness was on such good terms with accused that the latter had lent him money and hod offered him more. Accused had been drinking lately, though not to any great extent. Witness thought, by the sound of his voice, that he had been drinking on that night. At the time of the shooting, accused might have got into the kitchen, if he had chosen to do so. Witness had never seen a large dagger-knife [produced] in prisoner’s possession. Annie Walsh, domestic servant, for the last eight weeks employed by Mr H. Toomer, corroborated, generally, the evidence of the witness previously examined. Accused and herself had been keeping company for six weeks. Lately, he told her not to make so free with Glanville. She was not aware that ho was jealous of Glanville. She did not think she or Glanville had done anything to exoitethat feeling.

Cross-examined—On the day in question, at dinner time, accused went into tho kitohen to light his pipe. He put his head in his hands, and seemed dejected. He had been drinking that day. He had before told her that ho had been hurt in the head, aud that when he took drink it turned his brain, made him mad, and that it would bo better for people to keep away from him while ho was in that state. He had been very drunk on the Queen’s Birthday, he remained at homo the following day, end complained of his head. Witness was on her way to open the kitchen door when she heard tho shot fired ; before that she and Granville wore seated at opposite sides of the fire-place, fully 4tt apart, Granville was still seated when the shot was fired.

Henry Toomer deposed that on the night in question he was called after tho shot had been fired Ho found prisoner going from tho kitohen door towards his bedroom. On being asked, he said nothing was the matter. Ho was winding his watoh. Witness went into the passage and sent Glanville with tho servant girl out of the house. Witness then went into' the bedroom. Prisoner showed that his hand wes wounded, and asked to have the girl to bind it up. He came out and kept on asking for her, and, at last, saying he would go and find her, wont into bis bedroom again and brought out the knife (a dagger knife with blade six inches long) produced. Ho said he would overtake her and do for her, and then ran out. In about a quarter of an hour he returned. Witness, with his son, met him and remonstrated with him for his conduct. Prisoner began to cry, apologised, and gave up the revolver and the knife which he had in his hands. Witness then persuaded prisoner to go to bed. When he gave up the weapons ho said—“l shan’t play second fiddle to anyone; I will do for the b .” Witness threw the knife and pistol behind some shrubs in the garden. He afterwards pointed them out to Sergt. Hughes, who took possession of them. Prisoner had been drinking. He was quiet at the time witness was dealing with them, but ordinarily was very excitable when under the influence of drink. Witness noticed the bullet mark under the window, as described by a previous witness, and he saw his son pick up a bullet from the floor near tho spot. Cross-examined—The bullet had made a hole in the wood quite half an inch deep. Tho shot had not been a glancing one; the bullet had been driven in straight. Prisoner had been an inmate of the houso for over six months. He had been one of the best “chaps” that ever boarded there.

Mr McConnel Jhere requested to have the evidence as to the knife expunged. He objected to it being retained on the depositions, as having nothing to do with tho charge of shooting. Tho objection was over-ruled. Cross-examination continued—Witness had never heard prisoner threaten GHanville or the girl boforetho shooting. A. F. Toomer corroborated the evidence given by hia father aa to tho delivery of the arma, &c. Prisoner said to him, “ Fred, what would you do if a girl swore she would be true to you and then went off with another man?" Witness aaid, "Let her rip ! If she did not think much of me I would not of her.” Prisoner said he would not do so. He had sworn an oath that he would kill him, and when a Mason had sworn an oath and put his hand on his heart he would do it. Witness afterwards saw prisoner in his bedroom. He was cool then, but before bad been much excited. Witness helped to undress him, and tied up his hand. Prisoner then went to bed. Witness repeated the former evidence as to the finding of the bullet.

[Left sitting.]