THE PERRY STREET SHOOTING CASE.

Wairarapa Age, Volume XXXI, Issue 2993, 17 September 1908, Page 5

THE PERRY STREET SHOOTING CASE.

MILLER BEFORE THE COURT. DEPOSITIONS OF WITNESSES. ACCUSED COMMITTED FOR TRIAL. The body of the Masterton Court was crowded to overflowing yesterday morning when Tobias Miller was charged with attempting to murder Ernest Hight in Perry street on the Bth inst. Mr C. A. Pownall appeared for accused, Sergt. Miller conducting the case for the prosecution. Robert H. Price, carpenter, residing at the house of Mrs Miller on the night of the shooting, said that he and Hight, were attracted outside by hearing one of the boys screaming. They rushed outside, and saw a man walking along the vacant section adjoining ..the house, and they rushed over and saw Miller crouch down in a corner of the section. Witness sang out, "Is that you, Miller? Come out of that." Miller then got up and walKeri towards them along the fence between them (a closely boarded one). Hight asked him what he meant by frightening the children like that. Miller then raised his hand, in which something bright glistened. Hight said, "Look out," and immediately after the raport of a pistol rang out. The night ;vas moonlight, and witness could easily discern that it was Miller. Witness and Hight then turned, and made away from Miller, Hight going tiwardn the house, and the latter only having gone two or three yards, when Miller fired again. Hight was in a stooping position at the time, being in the act of picking up a handful of small gravel to throw into Miller's face. Hight called out, , "I'm shot," and standing up threw the gravel at Miller, afterwards running back towards the house. Witness also made for the house, and after being admitted, went off for the police. By Mr Pownall: Witness was a boarder at the house, never having met Mrs Miiler previously. Hight had, witness understood, boarded in another house with the Miller family, Millar being away when they shifted. Hight recommended witness to go there to board. Witness cc/uld quite understand Miller hanging round in bis own house in the way he did after what witness had heard of threats alleged to have been made by Miller Dr. W. S. Ross stated that he was called to Miller's house at 8.30 o'clock on the evening of the occurrence. He found Hight standing in the bedroom looking rather pale, and saying he had been shot. , Witness ,: examined him and found a small contused wound a little larger than a split pea, slightly below the hip bone, and about four inches from the ttyigh. The patient was wearing a , truss at the time, and an indentation was visible on it corresponding with the location of the wound on the skin. , But for this truss the wound would in all probability have been fatal. The { bullet could not be discovered at the time, but was found later by means of an X-ray examination, mid-way ' between the wound and the spine. The bullet may be from one to two - inches under the skin, and to extract it will mean the cutting about con- ' siderably of the muscles, though it is not likely to be a dangerous matter to remove it. By Mr Pownall: There is not at present vny necessity to remove the bullet. Though it will not dissolve, exactly, if left, it may make a sort of case for itself and lie there without causing trouble. The revolver produced could easily send a bullet through a man's body from three or four yards. Had the shot enttredfthe abdominal cavity the wound would probably have been fatal. Ernest Hight, mechanic, employed by Donald and Sons, said he had known accused two or three months. He went to board with Mr and Mrs Miller in Cole sheet, accused at the time being a member of the Salvatnu Army. About the 2nd inst. accused came home at 10.30 o'clock, and used obscene language to his children, and after making various charges threatened to "deal with witness o.i Friday" for something or other. Next day witness went into the kitchen, and Miller called him a cur, and said if he was a man he would the house. Witnt as invited accused outside, and there hit him on the left cheek, saying he would not be'called a cur. U;i the 15th inst. the family shifted from Cole street to Perry street. On the night of the shooting witness was hanging up pictures in the front room, and on hearing the i daughter and ore of the boys screaming on the verandah he and the witness, Price, ran outside. Witness here detailed the circumstances of the shooting as related by Price. Witness, in the clear moonlight, could see something bright in Miller's hand before he fired. Witness felt the second shot hit him, and called out to that effect. He took up a handful of gravel, threw ' it into Miller's face, and made off for the back of the house. Looking back witness noticed Miller taking aim at him again, and heard the revolver miss-fire. Running into the house from the back witness locked the door. Witness said he was wearing the truss produced, which had no indentation on it orior to the shooting, and it was likely that the bullet struck it. " By Mr Pownall: Miller was not in the house when witness made arrangements to board there, though he was living at home. Miller never complained to witness about his wife, and witness could not account for accused calling him a "cur."" Accused left home the morning witness struck him. Just after this Mrs Miller removed to Perry street. I Witness could give no reason whatever for accused shooting at him. , Nor did he know that accused had the revolver in his possession prior to , leaving for the King Country some ' time ago. Witness never saw ac- , cused excited all the time he was at the house. On one occasion he came ( home apparently very drunk—about a week prior to the shooting. This was the only occasion witness ever saw Miller drunk. i Nota O'Callaghan, housemaid at . the Central Hotel, said she saw ac--1 cused at the hotel on the morning of \ Tuesday, the Bth inst. He slept in \ room No. 13 at the hotel on the night \ previous. Witness had put his lug--1 gage away, in which was a portmanteau, produced.

A letter as follows, addressed to the Sergt. of Police, Masterton, was here put in, taken from the portmanteau:—"This rash act is premeditated. My wife has been unfaithful to me, therefore we intend to die together. Bury me as a pauper. Tobias Miller.—A blighted life." Mr Pownall admitted that the letter was in accused's handwriting. Constable Doyle deposed to tne arrest of accused in the billiard-room of the Central Hotel. Miller had a cue in his hand, and Sergt Miller and witness rushed up, and secured him. Witness searched accused, and found the revolver (produced) in a hip pocket. The Sergeant said, "You have shot Hight." Accused replied, "Is he dead?" On being told "No," Miller said "I'm sorry," for reasons which he stated. On the way to the station he repeatedly said he was' sorry Hight was not dear 1 . At the station he also said, "You can string me up for it, if you like." Witness unloaded the revolver, which contained five loaded cartridges, and two discharged ones. By Mr Pownall: Accused appeared very excited when arrested. Sergt. Miller , corroborated the constable's evidence regarding the arrest. Miller was decidedly the worse for drink. On the 10th inst. witness got the portmanteau and letter previously produced. Other letters bearing the same date and on the same subject addressed to different people were also found in the portmanteau, all signed by accused. This closed the case for the Crown. Accused reserved his defence, and was committed tor trial at the next sittings of the Supreme Court at Wellington, which will open on November 29th. Mr Pdwnall asked if his Worship would grant bail, the reply being in the negative.