ALLEGED ATTEMPTED MURDER.

Manawatu Herald, Volume XXXIII, Issue 1032, 19 August 1911, Page 3

ALLEGED ATTEMPTED MURDER.

A FOXTON CASE

ACCUSED COMMITTED FOR TRIAD.

At the Palmerston North Magistrate’s Court on Friday, before Messrs C. Haynes and D. Simmons, J’s.P., another instance of the length of the long limb of the law, and the extent to which the use of fingerprints can be used, was given. John Owen, alias Dome, alias Rowe, alias Ducy, was charged on a warrant issued on April 21st, 1906, with attempting to murder Augustus Percy Easton, at Moutoa, Sub-Inspector Norwood conducted the case on behalf of the police, and the accused was undefended.

Augustus Percy Easton, farmer, of Moutoa, in evidence, stated that he knew the accused by the name of John Owen. In April, 1906, the accused came to his farm at Moutoa between six and seven o’clock on the Sunday evening. It was about the fifteenth ot the month. He asked for work, and witness took him on at £1 per week and found. He started work on the Monday morning. Witness was away most of the time accused was there, but from information received from the other man who was working for him witness understood that accused’s work was not satisfactory. On the morning of April 21st, at about 8 o’clock, after milking had been completed, witness had a conversation with accused. Witness told him that he was going away for the day, and that he (accused) was to help the other man to cart ironstone into the yard. There was only witness, Johnson and accused working on the farm at the time. When he told Owen what he wanted him to do he became very abusive, and swore at witness. He told witness he was going “get get out of it” straightaway, and he wanted his money. He said

WORK WAS NO GOOD TO HIM. Witness told accused he would pay him that evening. Accused said he wanted 11 is money straight away. Witness said accused was at this time showing fight. Accused then said be would —■ — well show witness that he would pay him. Witness told him be didn’t want any of his bounce, and that he would get paid that night. At this time they were in the kitchen, and accused turned round towards the oven, in which there was a rice pudding. He picked it up and witness said, he “ threw the rice pudding AT ME.” Witness dodged, and the pudding missed him and fell on the floor and broke. When witness looked again accused picked up a knife from the table. He told him that if he didn’t drop the knife be would knock him over the head with a chair. Accused then put the knife down. Witness went into the bedroom and got his cheque-book. When he returned he sat down and wrote out a cheque for £l. While he was doing this accused went into the bedroom and got witness’ gun and cartridges. ' Accused stood over witness, covering him with the gun, and said he didn’t want the cheque, but wanted the money witness had on him. Witness told him he had no money, and he said “ you’ve got it locked away in a box in the bedroom.” He made witness open the box, and also turn out his pockets, and when he couldn’t find the money he said witness must have the money somewhere for the pigs he sold the previous day. Witness assured accused that he did not get paid for the pigs, but he “ stuck out ” that payment had been made, as he had overheard a conversation on the subject between Easton and Johnson. Whilst witness opened the box the accused kept threatening him that he

WOULD SHOOT HIM DEAD and burn the whare down and no one would then know how he died. Accused said a similar incident had occurred in Australia. When accused found that witness had no money he backed out of the bedroom into the kitchen. All this time he had witness covered with the gun. There was an axe lying just outside the kitchen door and when accused saw witness looking at it he backed out of the door. Witness then made an attempt to get away, but accused noticing this took the gun in his left hand, picked up the axe with his right hand, and as witness attempted to get out of the door he MADE A SMACK AT HIM WITH THE AXE. Witness caught hold ol the axe with both hands and accused let it go and it fell to the groundAccused then turned round and told witness he WOULD FIX HIM RIGHT UP. He said he would fire a volley to see that the gun was alright and the next shot would be for him (witness). He pointed the gun to the ceiling and pulled the trigger, but it misfired. He then said he would shoot witness if he didn’t give him the money. After the gun misfired he put it across his knee and opened the breach, and witness then jumped over him out of the door. Just as he turned the corner of the whare accused fired. Witness continued running across the paddock with accused after him. When witness was getting through a fence about 5° yards from where the first shot was fired he looked round and saw accused again POINTING THE GUN AT HIM. .Accused pursued him for about

ioo yards. Something over 400 yards away witness saw a man mustering sheep. His name was either Harper or Cameron. He borrowed his horse and rode to bis father’s place and told his brother Sidney of the occurrence, and told him to go and inform the police. At the time the trouble was taking place at the farm witness’ other man, Johnson, was away at the creamery with the milk. Witness returned to the wbare about an hour and a half later. He waited about a quarter of a mile away for the arrival of Constable Whitehouse. They looked through the whare and found the place had been ransacked. About 15 to 20 yards from the spot where the shot was fired they picked up a spent cartridge. They found the gun in the whare behind the door. It had a loaded cartridge in it, the cap of which was dented, caused by the gun misfiring. At this stage the gun was produced and witness said it was the one used.

Continuing, witness said that they put another cartridge in the gun and it misfired three times, going off the fourth time. About six weeks after the occurrence, in consequence of what his brother Sidney told him, he accompanied him to a by-road near the Foxton cemetery. They saw the accused there on the road. He was carrying a swag. Sidney Easton rode ahead ol accused and witness rode up behind him. When witness was about six yards away accused looked round, and seeing him, made straight for a gorse hedge at the side of the road. Witness jumped off his horse and told accused he had better stop as he (Easton) had a revolver in his hand. Accused turned round and FEOURISHED A SHEATH KNIFE. Witness discharged the revolver in the air in order to frighten accused, but he still went on. He got right away. Witness did not continue the chase but mounted his horse and rode to Foxton aud informed Constable Whitehouse of what had taken place. That was the last occasion on which witness saw the accused until that day. He recognised the accused as the man. On April 21, in company with Constable Whitehouse, he examined the cowshed which was in a direct line from where the shot was fired, and found a shot embedded in the wood. Accused did not take the cheque. It was afterwards found on the floor with the cheque-book. In reply to the accused witness said that a man named Johnson was working for him at the time of the occurrence.

At this stage the accused asked if the case would go to the Supreme Court as he wished to get a lawyer to defend him. The Bench replied that they could not say just then, but in all probability it would. Sarah Wyeth, wile of John Wyeth, coach proprietor, of Foxton, stated that in April 1906, she and her husband were cooking at Hickson and Reeve’s llaxmill at Oroua Bridge. On April 21st she heard a knock at the cookhouse door and on answering it saw a man, much like the accused, who asked if she would give him some dinner. Witness said “ Yes, come inside and sit down.” The man was very warm, had his hat in his hand, and looked very much worried. He came inside and witness got him some dinner. He was about ten minutes eating his dinner. He had neat and potatoes, saying he did not want any pudding. Whilst he was eating his meal, he looked across to witness’ husband and said “ Are there any policemen about here.” Mr Wyeth replied ” No. Why do we want policemen here?” The man looked across again and said “ I’vk shot Percy Easton.” Witness’ husband said 11 or something to that effect. The man said ‘‘Yes I have” and upon Mr Wyeth asking him why he shot him, he said “ BECAUSE he WOUEDN’T pay ME. ’ ’ Witness said her husband may have said something else to him but she was too frightened to lake much notice. When the man had finished his dinner he got up and ran out. He mu past the mill and was still running when she last saw him. She never saw the man again. She could not remember whether the man had a beard or not. The accused was like the man, but she could not say more than that. John Wyeth, husband of the previous witness, gave corroborative evidence as to the man coming to the cook house and having dinner. He said the man said that he had shot Percy Easton. He (. witness) said either ‘‘did you make a job ok it” or did you settle him ? The man replied yes, and upon witness asking him why he did it he said ‘‘ because he wouldn’t pay me my money.” The man also said that it was an old job of Easton s to get men to work lor him, and than hunt them off without paying them. He bad never seen the man before. He had no whiskers. The accused was a good bit like him, but he wouldn’t like to swear that he was the man. In answer to the accused witness said the mill was on the opposite side of the river to Foxton. The man had his bat in his hand, and was puffing and blowing. Constable Whitehouse, at present stationed at New Plymouth, and who was in charge of the Foxton police station in 1905 and 1906, stated that in consequence of information received from Sidney Easton he went to Percy Easton’s whare at Moutoa. Easton and Mr H. Austin joined him a few minutes after he arrived there. He corroborated Easton’s

evidence as to the condition of the whare, and also as to picking up the cartridge, gun, etc. In the the wall of the cowshed, which was in a direct line from where the gun was alleged to have been discharged he found a shot embedded. There were also several more in a post alongside. On May 31st, witness picked up a swag in a paddock near the Foxton cemetery, which from information received from Percy Easton, he believed was dropped by the accused when being pursued by the Eastons. He had seen the accused once previous to the shooting, and he then had a moustache only. He recognised the accused as the man. In answer to the accused, witness said he saw him working in a paddock at Easton’s about April 17th. He only saw Johnson once, but he was a totally different looking man to the accused. Should say he was about the same size. He did not know a man named Cooper, Robert John Issell, acting-detec-tive, stationed at Auckland, stated that when he read the charge to the accused in Auckland gaol he replied “attempted murder ! “It was Easton who attempted to murder me. He chased me off the premises and fired a gun at me. I returned a few weeks later and he and his brother chased me off the premises and FIRED TWO SHOTS AT MR.” Accused said that was not exactly the statement he made to Issell. He asked the witness if he had his notes. Witness said he did not have his notes, and that accused made several statements. Once he referred to meeting Easton’s brother with a mob of cattle and he asked him (accused) to assist him. The accused: “I never said that.” Witness said accused made several statements but they were all contradictory. This concluded the evidence and the accused pleaded not guilty, reserved his defence, and was committed for trial at the Supreme Court, Palmerston North, on Monday next.