TO STAND TRIAL

Wairarapa Times-Age, 26 May 1943, Page 4

TO STAND TRIAL

SEAMAN ON ATTEMPTED MURDER CHARGE

CLAREVILLE SHOOTING CASE.

FIREARM EXPERT'S EVIDENCE.

Bennett Coles Middleton, aged 19 years, seaman, was committed for trial at the next sitting of the Supreme Court, Wellington, on a charge of attempting to murder Richard Andrew Webber at Clareville on April 25. Middleton appeared in the Masterton Magistrate's Court yesterday afternoon before Messrs A. D. Low and H. E. Pither, J's.P.

Mr A. C. Treadwell, Wellington, who appeared for accused, entered a plea of not guilty and reserved his defence.

Senior-Sergeant G. G. Kelly, of Wellington, Arms Advisory Officer, described an examination he had made following receipt of a rifle barrel and stock and bottles containing human flesh and hair and a spent bullet. The rifle, a .22 calibre Winchester, had been sawn down to make a pistol. Senior Sergeant Kelly gave details of tests he had made by firing shots into wooden blocks with a full length .22 rifle and a cut down .22 pistol. The velocity of the shot and the accuracy of the weapon suffered when the bore was cut down. Fired close to the blocks of wood the full length rifle shots showed few unburnt particles while the shots from the pistol showed many unburnt particles. The piece of flesh yielded a flake of unburnt powder.

Arthur Luscombe, war pensioner, of West Taratahi, said he knew accused under the name of George Scott. At his place on April 22 he saw the accused filing down a .22 rifle barrel. Accused left his place on April 23 and returned on April 25. His clothes were wet and he said he had missed his way and had stayed in a hayloft for the night. Detective-Sergeant W. Kane described how, following investigations, the accused had beem located at Luscombe’s place. Accused accompanied him and Constable Bell to the Carterton police station where Middleton made a voluntary statement. Sergeant Kane read the statement in which accused said that at about midnight on April 24 he was in Masterton without any money and he wanted to get away from Masterton. He decided to get a taxi to take him out of town and to rob the driver of his takings. He was armed with a sawn-off rifle. He hired a taxi and occupied the back seat. On the main road near Clareville he told the taxi driver to pull up with the intention of intimidating him as he turned around. The gun went off but he did not know where the bullet struck the driver. Accused stated that he had not intended firing but he would have, had he failed in gaining his ends. He did not fire to kill. He ran away and cut across the paddocks. He got lost and stayed the night in a haystack, later getting a lift on a truck towards a dairy factory. Accused said he was sorry for what he had done and had offered his assistance in clearing up the matter.

Sergeant Kane described how he had recovered parts of the gun.