Untitled

Grey River Argus, Volume XIII, Issue 1555, 30 July 1873, Page 2

MON DAy, JpDLY:IB;,; SHOOTEera with intent... . Peter Mulvey, was. charged with deliber-" afcely,'and with malice aforethought, attempting to murder Hugh Calder, hy shooting at him with a gun loaded with powder: and lead, at Riverview, hear Ahaura, on Saturday, 26th July. The.prisoner pleaded not guilty, and was defended by Mr Staite. Sub-inspector Goodall conducted the prosecution. Hugh Calcler, on being sworn, said: He was a miner living at Riverview, and he knew the: defendant was a farmer and storekeeper at the same place. On Saturday, the 26th July, about 3 o'clock in the afternoon,* the defendant came to where the witness was outside his but chopping firewood, and, after ,a.general conversation, the defendant said, in allusion to a quarrel between them, which xame. before the Court the'previous day,-.". It was ,too bad to have those troubles between them." Witness replied that it was, but that he did not;-wish to discuss: those matters then. The defendant said they could talk about the > matter peaceably, and ijhe •witness said they could at any other "time, but not at present. He gathered,up the firewood he had been cutting, arid went into the house, the defendant following him. Mulvey sat down upon Baxter's (a partner of Calder's (bed;, and after a tithe he said, "Now 1 I waut those troubles ended, and by God I'll have them ended, and that in my own way,and quick." The witness: asked' Mm what he; mean t. by "quick," and he replied " NeyW mind," 111-settle: themr and I tell yoii Hughey that, you'll never hear anything more of it after this." Witness said there was; no occasion for any trouble, if everyone" would mind their -own: business, and iif the wife of the; defendant would cease her attacks upon him (Calder). After some more similar conversation, the ■ defendant took a potato, remarking that he"had nbt eaten anything for three days,; and the" witness^after telling himib r help, himself to provisions which were lying,on the table, went out Ap. sharpen : some picks he had in a fire^utside. Whien he returned to the ,hous^', Mulvey asked the witness if he would nqWhake hands with him, and they shqok hands. Mulvey again remarked, "I'll settle this," and. asked Calder if "he ever did him any wrong," and again repeated "By Godjlill put,an end to this.". , The, witness continued': Mulvey; then got vp > off Baxter's bed, and stood with his back to the fireplace. He closed his hands,:,which were both previously .opened, settled .his feet o on the' floor, and conung:;a.little. nearer to me, commenced .swinging his right hand from side to §ide, as if making preparation to Strike me in the face, and I made ready to receive his attack. The. witness described what-he did, andprb^ ceeded-r-^Mulvey then sat '• down again on Baxter's bed, put his hands up in a fighting attitude, and grinding;his teeth hard,---said-f-"Til 'end this,Kand ■ you'll never hear any more of it Hughey:" 'At this juncture a/ man. hanjed came in, and Mulvey .again ,reached oifti his hand, and asked me tp shake hands with him, saying he had no animosity? against me.' J shook: hands with him, -saying that I had no. animosity against him, but that I did not wish to refer to past affairs. He then asked me over to his house to have a quiet, chat, but I declinedto go, and said if he wanted to say anything he could do so. where, he: was. I ;wont to sharpen .the picks, and Mulvey \vent away. I did. other things.about ..the .house (describing them), and I then proceeded toimake a broom tp sweep > the vchimney.' I took a i pole, about Bft: longj 'arid some Manuka scrub, and while I was outside the house stooping' down withthe 'brooihihead be-. tween 1 my knees, and the handle resting on a beacb behind me, fasting the Wppm on the handle, with flax strings,-.J heard a great npise, and spmething whistled past my head. Th.c : p;oise was like the report ...of. a gun, bijt/it seemed tp,me, much louder than thp report of any^gun I had .ever heard. The rush of whatever'iib.was. whirled past me, turned me partly round, and nearly threw me down. (The witness described the movement he made.) My head above my eyebrows felt thoroughly benumbed after the shot. I looked around and saw Peter Mulvey crouched behind a stump, part of his body being visible, with a gun before him, resting on top of J the stump, on a line with my body. I could see Mulvey from'the breast upwards, and about one fopb; of.the gun barrel and the trigger. Part of Mulvey's left leg, from-the knee downwards; was also visible on one side pf the stump. He was looking intently towards me, and he raised his head, three, inches. 1 should think, to look over the. stump, He stepped out from'behind;,the' stump ;with the/ gun in .his , hand., iHe went . about four paces towards hia own door, whe^ he turned round and made allihe

movements of re-loading tne gun. (The witness described these movements, and continued) : At this instant I heard a woman scream in the direction of James Purkiss's house. I ran to the house, and found Mrs Purkiss standing in the centre of her kitchen. The witness was proceeding to relate a conversation between iVtr Piffkiss arid himseK^fcftb "Mr Staite objected. The objection was .allowed, and'the 'witriess went 'on : — Two children of Mrs Purkiss's were in the house with her. I saw a teapot with the l'spouf ffearly off, and Mrs Purkiss showed me a ragged hole in the kitchen wall, also some broken crockery. There was also a hole as if caused by a bullet oh the outside of Purkiss's house, just where the rafter joins the wall- plate. The distance from the ,near side of the stump behind which Mulvey was, to where,! stood, is about 91f t,*'and abpn't,'9sft ftp the other side of the stump to -Mulvey's breast!' ; -It is-75ft from the spot where I. stood to the hole in the kitchen: ''wall, and from whexe I sjood to the hole in .the- corner ;o'f Purkiss's house is about 60ft;i 'The r hole in the corner of Purkiss's house aridithe hole in the kitchen wall are? hot "'ia' a direct line. The ball seems to have strnck the house, glaßced along the wait plate, and entered the skillion which inbuilt 'behind. I afterwards went to inform -the police. By the Bench: Smith: remained^ with me in my hut after the prisoner went away. Smith remained a quarter of an hour, and after he left I: saw noampreof ■bimV.-;:- ■ ': •■,•::■ '■'■:■:■■■:■]■] vvi--[--» ■'•'■■'■■■ By Inspector Goodall : . From th&time ; Mulvey weu.t out of my hut^until'the shot iwas firedy and interval of twen^iminutea, of perhaps half an hour^ elapsed; '? liave roughly measured the groundsiheer The distance irom Mulvey's door to the stump he fired from, is : thirty-three ieet/.ahd it .is- , 105 feet from Mulvey's door to ours. The day before the occurrence took place I appeared at : the Resident Magistrate's Court, Ahaura, on a charge of assaulting Mnl vey's son, and also ' of using abusive language towards his wife\ ' Both charges were; dismissed^ i : ? . v. , .' ■; ; k / I' Mr Staite said that as understood the police would apply ,for a remand, he would ask permission to reserve his cross examination of the^prosecutor. , The depositions were now read ovej^o him an^Mr Staite ppinle'^puij;^'repß:--ablediscrepericy in the'evidence asj^tSe exact jmoment; the alleged; shot was fired. He. said ;he would reserve his remarks upon the evidence of -the prosecutor until after-his cross-examinatipni y • .< ,-.; > /. -,-.- Mr Goodall applied for a remand |intil Saturdayj to enable; him to have a plan of the ground made.and to enable the police to.prpcure, further, evidence.; The application was granted, with the.understanding that if the police were ready "the case would" be heard upon ' Thursday. Mr Staite applied that the prisoner be admitted to bail and offer substantial security. ; r After consultation,: the Bench decided to refuse the application.