MASTERTON SHOOTING CASE

Taranaki Daily News, Volume LI, Issue 281, 21 November 1908, Page 2

MASTERTON SHOOTING CASE

ACCUSED FOUND GUILTY. STRONG RECOMMENDATION TO MERCY. GREAT PROVOCATION. jly Telegraph,—Press Association. Wellington, Last Right. At the Supreme Court yesterday a middle-aged man named Tobias Miller pleaded not guilty to a charge of having shot a man named Ernest Wight at Masterton on the evening of 3th Sep- i teinbcr with intent to murder him. The I ea ic for the prosecution as set out oy the evidence was briefly that Higkt, I who is a shearing-machine expert, was a boarder in Miller's house. Miller, it appears, is a man who indulges frequently ill violent drinking bouts, although ho has spells of sobriety, and some time ago be became a member of the Salvation Army. Miller became suspicious that Hight and Mrs. Miller were on terms of undue familiarity, and he left the house and went to lodge at the Central Hotel, lie, however, hung about his wife's residence, where Hight continued to reside as a boarder. On

the evening ill question Hight and another boarder (Robert H. Price) were

putting up window blinds, when they i heard two of the children, who were outside, screaming. They rushed out, and then the children cried out, "lies there." They went along to the end ol the verandah, and there saw AJillei' standing in an adjoining vacant allotment. il'ricu asked him. "What are you hanging j-ound frightening the children for?" He did not answer, but walked

towards Hight and Price, and when he got near them, in the language of Price, "up went hi~ i.nu, and lie lired pointblank at us. Both of us ducked, and he

missed us or one of us. 1 don't, know whom he aimed al. We ran for shelter, and I tripped over a wire fence and fell full length, jind when I looked round 1 saw Miller leaning over the fence and pointing his gun at Ilight, who was in a crouching position near the fence. Miller lired again, and Hight sung out, "I'm hit!" and ran behind an outhouse. Then I went for the police. This witness was cross-examined as to the teVnis upon which Ilight and Mrs. Miller were, and lie denied that there was an\' indicaiieu ot" undue familiarity. Witness seemed to be Healed in exactly the same way as Ilight. was. and they occupied the same liedroum. Dr. W. s. Ross was called in, and lie found that Ilight had been wounded by a revolver bullet just above the left hip. No attempt was made to remove the bullet, as it did not in any way menace the man's life.

The, prisoner gave evidence. He said he had come over to Sew Zealand from Wallsend, New South Wales, about twenty years ago. lie had lived Toy about eight years in Masterton, and had done very well as ; i storekeeper until sickness occurred in his family, and eventually his place was burned down. Then lie went to work up in the King Country. On his return Hight came to board with them, at the suggestion of Mrs. Miller and with prisoner's consent. After this he found a marked change in his wife's treatment of him. She seemed to have "no time for him at all," and he resented it. Eight's clothes were always .neatly mended, whilst his were always in a disgraceful condition. Right's bedroom was always clean and tidy and spick and span. His was filthy. All these neglects caused his suspicions to increase, and he commenced a system of espionage which he said only served to confirm his worst suspicions, although lie did not actually find them "flagrante delicto." He had been wandering round and drinking heavily for three weeks prior to his arrest. After the shooting affair lie had gone to the hotel and got a drink of whisky. Then he decided to go upstairs and shoot iiiniself. Before he could Jo this, however, ho was arrested. lie had no knowledge at all of what happened at the time of the shooting. lie believed lie purchased the revolver and cartridges in Palmerston about a week before the affair, his idea then being to shoot himself. All lie had gone back to Masterton for was to get his belongings and square up his affairs. At no time had he threatened liis wife's ' life.

The jury, after an. absence of about ail hour and ii-quarter, found a verdict of "guilty," with a strong recommendation to mercy on the ground that ill the opinion of the jury the prisoner was »iven great provocation. Sentence was deferred until Monday morning.