SUPREME COURT SITTINGS.

Wairarapa Age, Volume XXXI, Issue 3050, 21 November 1908, Page 5

SUPREME COURT SITTINGS.

WELLINGTON. ALLEGED ATTEMPTED MURDER. , A MASTERTON CASE. • Tobias Miller, 54 years of age, until recently a canvasser for suits of clothes, was charged with having attempted to murder Ernest Hight, a sheep-shearing expert, at Masterton, on September Bth. There were two counts to the indictment in charging accused with having fired a loaded revolver at Hight, with intent to do bodily harm, and assault so as to cause actual bodily harm. 1

/ Mr Myers prosecuted on behalf of the Crown and Mr Wilford appeared for the accused.

Robert Henry Price, carpenter, residing at Mrs Miller's, Masterton, said that on Jthe Bth September, while helping Hight to put up blinds and fix up the house after tea, about 8 o'clock, he heard screams outside. Witness and Hight rushed out and saw Miss Miller and the little boy on the verandah. They were terribly excited, and pointed to the fence and said, "He's there." The witness and Hight looked over the fence, and saw a man running towards the back of the vacant section. Witness went round and saw a man sitting in the shadow of a big tree under the moonlight. Witness said, "Is that you, Miller? Come out of that." Miller stood up and came towards witness, who asked him what he meant by hanging round and frightening the children. Then Miller whipped round; up went his arm and fired point blank at the witness fand Hight. Witness saw something bright in his hand, and cried "Look out," and both ducked. Witness sprinted away a little, and on turning saw Miller put his arm over the fence. Witness heard another bang, and Hight said he was hit. Hight thre# some gravel, and crept round an outbuilding. Witness broke away over the garden, and went away for the police. To Mr Wilford: Mrs Miller did not point out to him Hight as Mr Miller, He could not give any reason why the accused should want to shoot Hight. Dr. William Stewart Ross gave evidence, as to a bullet wound inflicted on Hight, whom he examined nt 8.30 p.m. on the Bth September. There was an indentation in a truss worn by Hight. Had the bullet not struck the truss it would have entered the abdomen probably with fatal results. The bullet, by aid of the X-rays was found midway between the wound and the spine. It was still in the man's body. The wound, he would conclude, would be made by such a bullet as the one produced. To Mr Wilford: It was impossible to measure a bullet exactly by the X-rays. The bullet, as it was now, did not endanger the man's life. Ernest Hight, expert sheep-shear-ing machinist, residing at Mastertun, stated that the accused and witness were good friends until Miller left the his houss on the 28th August, Miller was not living with his w,ife; witness had a room to himself in the house. On the 6th September, Miller came back at night and made enquiries about his wife. Witness remonstrated with him in the morning for the language the accused had used in the night. Mrs Miller moved the next day out of the house. Witness then described the incident of the Bth as previously narrated by the witness Price. To Mr Wilford: He was never on terms of familiarity with Mrs Miller. At this point Mr Myers objected. Mr Wilford contended that he had a right to proceed on the ground that the defence was, if guilty, guilty without intent, that he had been so goaded by Hight's conduct that for two or three days previous to the shooting his mind had been a blank.

His Honor: I shall tell the jury then, if that is the defence, that the ground is insanity. Mr Wilford referred to a case of Regina v. Annie Looney. His Honor: The decision was wrong. The man might be entitled to acquittal on the ground of insanity. Continuing Mr Wilford cross-ex-amined the witness on his relations with Mrs Miller.

Witness said he could not give any possible reason why Miller shot him. Patrick Doyle, police nonstable, stationed at Masterton, deposed to arresting the accused in a billiard room at Masterton. On the accused was the revolver with five of the seven cartridges loaded. Two had been discharged. Sergeant Miller said to the prisoner, -'You've shot Hight." The prisoner said, "Is he dead?" The sergeant said "No." "I am sorry," said the prisoner. ' He seduced my wife." At the police station the prisoner said, "You can string me up for it, if you like. Sergeant Miller gave similar evidence. In the prisoner's bag at the Central Hotel he found certain letters, one of which, addressed to the witness, declared the act to be premeditated', and complaining about his wife's infidelity. There were also letters to his own father an 3 his wife's father stating that they would hear of his shooting his wife, and afterwards himself. There were other letters of a similar tone to members of the Salvation Army. Witness gave evidence of an earlier violent outburst against his wife. At the time of the arrest the accused was under the influence of liquor. To Mr Wilford: Miller had continued sober during the month he was in the Salvation Army. This closed the case for the prose-cution.--"Post."

By Telegraph—Press Association. WELLINGTON, November 20. The prisoner gave evidence and said he had come over to New Zealand from Wallsend, New South Wales, about 20 years ago. He had lived for about eight years in Masterton, and had done very well as a storekeeper until sickness occurred in his family, and eventually his place was burned down. Then he 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 con-

sent. 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, Hight's clothes were always neatly mended while his were always in a disgraceful condition. Hight's bedroom was always clean, and tidy, spick and span. His was filthy. All these neglects caused his suspicions to increase, and he commenced a system 0/ espionage. He had been wandering around and drinking heavily for three weeks prior to his arrest. After the shooting affair he had gone to the hotel and got a drink of whisky, then deciding to go upstairs and shoot himself. Eefore he could do this, however, he was arrested. He had no knowledge at all of what happened at the time of the shooting. He believed he purchased the revolver and cartridges in Palmerston about a week before the affair, his idea then being to shoot himself. All he had gone back to Masterton fjr was to get his belongings and square up his affairs. At no time had he threatened his wife's life. The jury, after an absence of about an hour and a-quarter, found a verdict of "guilty," with a strong recommendation to mercy on the ground that in the opinion of the jury the prisoner was given great provocation. Sentence was deferred until Monday morning.

A GREYTOWN CASE. By Telegraph—Press Association. WELLINGTON, November 20. Alfred Herbert Hayes was charged to-day on three counts with having on August 19th last, at Greytown, (1) discharged a gun at Andrew Hope with intent to do him grievous bodily harm; (2) caused him actual bodily harm, (3) committed an assault upon him. After evidence had been taken the Crown, at His Honor Mr Justice Cooper's supgestion, withdrew the major counts, and the prisoner pleaded guilty to the charge of common assault and was fined 20s.

CHRISTCHURCH. By Telegraph—Press Association. CHRISTCHURCH, November 20. At the Supreme Court, to-day, Robert Baxter was sentenced to seven years' imprisonment for indecent assault on a child of five. Henry Scrimshaw, an old man of 72 years, was sentenced to two years on a charge of attempted carnal knowledge and Alexander Johnston, 61 years of age, was sentenced to twelve months' imprisonment on a charge of indecent assault. £ John William Tant, a Christchurch builder, was acquitted on a charge of obtaining a loan of £SO by means of false pretences. He admittea two breaches of the Bankruptcy Act by contracting debts of £BS 12s Id, and £270, when he had no reasonable prospect of paying the same. He was sentenced to three months' imurisonment without hard labour.