DOUGLAS SHOOTING AFFAIR

Taranaki Daily News, Volume LIII, Issue 249, 27 February 1911, Page 8

DOUGLAS SHOOTING AFFAIR

lIEDIIE COMMITTED FOR TRIAL. At tlie Magistrate's' Court,. Stratford, on Friday, ijejiin- Mr. Kenriek, S.M., George Gcdgc was charged with having on February 17. wounded Lionel Wynne Kirby by discharging a firearm at him. Detective Boddam conducted the prosecution, and Air.. Snenve appeared for accused. ' Air Kirkby, who was still lame from the ell'eets of tin; wound, stated that lie was a fanning cadet on Mr. Raikes' farm at Douglas. John. Welch also worked for Mr. Raikcs. On I'riday, February 17, witness and Welch, rode to Toko. Accused's tent was about half way between Toko and Douglas, and was quite close to the road. Witness at the time did not know who lived in the tent. He did not know accused, and had never seen, him previous to seeing him in Court. No remarks at all were made when witness and Welch passed the tent on the return journey to Douglas. Toko was reached about 8 p.m., and was left again about 9.30 on the return to Douglas. Both were on horseback. As they passed the tent they hoard a report and saw a Hash on the left. It was not directed into the air. The horse reared, and witness fell forward, at the same time feeling pain in his left big toe. Witness cantered on, and was soon joined by Welch,, both then going on to Douglas. On arrival at Douglas witness took | off his boot and found three shots in his [foot. (Boot produced.) One wound was in the big toe, one just below the ankle, and the other just above the ankle. On arrival home witness found another pellet in the ilesby portion of the left thigh. To Mr. Spence: It was only just before arrival at the tent that witness knew accused lived in the tent—Welch told him. During the time witness and Welch were in Toko, Welch went to his home, and witness was with a friend who resided at the Toko Hotel. Witness had two drinks, and Welch had one. On the return journey to Douglas both witness and Welch were singing and cooeeing. Nothing was said by witness or Welch as the tent was passed. Witness was singing the Beach Song, which was used by campers on the New Plymouth beach. There was no swearing going on. Counsel: If you were singing, how does it come that you were speaking to Welch about who lived in the tent? Witness: It was after the shot was fired that Welch stated who lived in the teat. Counsel: Was there anything being sung which could have been misconstrued into an insult! Witness: There was nothing. Counsel: Was there anything said at any point of the journey—not particularly near the tent—which might have been misconstrued ?—No. By Detective Boddam: Is there anything in the Beach Song which is lewd, immoral, or blasphemous, or which the wildest imagination could construe as such?— No. By Mr. Spence: Was there anything said or done on the journey down to Toko which could make accused angry? Did Welch not yell out?— No. Welch vrni singing on the way to Toko, and we were both singing when we returned. John Welch said he did not know who lived in the tent, but had heard it was Mr. Gedge. He did not know accused, and had never spoken to him. After going about half a mile past tnc tent on the return, witness examined Kirkby's left foot, and found a shot-hole through the boot in the direction of the big toe. A shot was also found in the horse's shoulder. On the way home Kirkby was teaching witness a song. He did not know the name of the song, but the chorus ended up with the words, "There's no hiding place down here." At this point Mr. Spence said that he had taken great trouble with the first witness to endeavor to get him to admit there was something going on which would justify accused's anger. Neither Kirkby nor Welch would admit that. If he (counsel) could have got some such admission he would have pleaded guilty; but as it was there was an inevitable suggestion that accused's action was entirely malicious. Detective Boddam said counsel had himself put such a construction on the position.

The S.M. said nothing could be done at present. It was suggested that facts were being suppressed, but the time for action in that matter would be when and if the Judge was convinced that there had been suppression. Then the witnesses would have to look out. Continuing, witness .said his horse had been wounded. Mr. Spence said that in view of this explanation it was not necessary for him to ask witness any more questions in the lower Court. Dr. Paget said that Kirkby called on him on February 18. The wounds had | bruised edges, and had all the appearance |of shot wounds. A shot of the kind produced could have caused the wounds The deepest wound was about an inch and a half deep. Considering the fact that the boot had been penetrated witness inclined to believe that the gun had been discharged within a distance ot two chains and a half Constable Mackintosh gave evidence that, on Sunday, February 19, he interI viewed accused at his tent. Bern* asked if he was annoyed by larrikins °passino [along the road, he said he sometime! was, the last time lie had been annoyed being about three weeks previously. »itness then asked what had happened on the previous Friday night, accused replying: 'I don't know. Someone told in}' boy that there was something in the paper regarding somebody being shot with a rifle." Witness said the shot in question had been fired from a shot-gun, and from the direction of accused's tent Accused then said he was very much annoyed by larrikins passing bv. Then accused made a statement, which was I ™?L J' 1 '2 writi "K- Tho statement T»ns to the effect that on February 17 ! about 8 o'clock, two young men passed the tent on the way to Toko. They made a noise. Accused could not say what the noise was, but he was sure i't was made to annoy him. About 10 j> clock the same two men returned on the way to Douglas. Both were calling ont and one was swearing. He did not know the men, but knew they were the same as had passed earlier in the evening, because ] lO recognised the voices. \Yhen tie men came along accused was in bed. but he got out and got his gnu; ;' "-I when he thought they had >J' be bred one shot across the road. '«'i?!<l not intend (n hurt the „„.„. bllt to jrigliten them.

■ H.v Mr. Spence: The statement of the •■n''»'ci-s«lion with accused was a correct sttcmen of everything which passed between -them. ' Accused ~]r ail ed not, and reserved his defence. ' vi™- r 'n , r , n" W • ai,p,il>tl fm ' ,iail ' nm, < in « ol (he crenmstanm ~* di,cl 9S ed ', '."■';!•■'"■•■. that it he not Wnl '"'"".'"* { ,rßV "»wl.v asked for. K,* ,lW lu> ,li,fl take, but there was nothing to justify Sii| be,n, a. /danU; Bail was fix*! i„ accused* own rceo*.