BRACEWELL ON TRIAL.

Auckland Star, Volume XXXV, Issue 29, 3 February 1904, Page 5

BRACEWELL ON TRIAL.

CHARGE OF ATTEMPTED MURDER. Walter Bracewell was charged before Mr. Justice Edwards at the Auckland Supreme Court this morning with attempting to murder James Scanlon. a labourer living in Durham street, by shooting him in the face with a revolver, near the Britomart Hotel, in Cus-toms-street East. Auckland, on December 31. James Scanlon said he was sitting on an outside window sill of the hotel when the prisoner, pointing at him and saying "What do you think of that thing," shot him through the mouth with a revolver. Prisoner then ran away. Witness was carried into the hotel, and shortly afterwards the prisoner also'was brought in. They were both conveyed in the same ambulance to the hcspitaL Witness had never spoken to the accused before. He thought he must have been out of his mind at the time. Ernest William Truscott. a sailor, said he wa.s talking to a friend alongside the prisoner just before the occurrence, when the prisoner said to him, "What do you think of that thing therei" pointing to Scanlon. He then shot Scanlon through the face, and ran away, but was brought back hy Constable Skinner. Witness had had one drink with the accused and other men in the Britomart Hotel that morning. Prisoner then appeared quarrelsome, and was arguing about the Russo-Japan-ese war. He told witness to "go to the blazes'' once when he spoke to him, so that he left him alone afterwards. Joseph Heath, a labourer, of Unionstreet, said he was at Patterson's gum store, adjoining the hotel, when he heard a pistol shot. On going out, he saw Scanlon, who had been shot, and found the prisoner up a passage near by. holding a pistol in his hand. He witnessed the arrest, and made Scanlon identify the prisoner. Jn. Cochran, a sailor, said he saw the prisoner drinking in the hotel about 8 o'clock- Shcrtlv before eleven o'clock he saw the prisoner again Ln the hotel- On both occasions prisoner appeared stupified. While in the hotel prisoner showed him the muzzle of a revolver in his pocket. He was talking strangely, but did mot appear to have been drinking heavily. He had on former occasions appeared strange ever since he was dismissed from the railway at Wellington. He believed this preyed on his mind. To Mr Martin: Prjtoner made the remark that he would; not be alive tomorrow. Ronald Richard Jn- Darrach. employed by Messrs Binney. said he saw the accused in a sinking condition in a j yard near his office, and picked up the I revolver close to him. Dr. Bull described Scan lon's'wound, which narrowly escaped being dangerj oils. Prisoner's wound was less seri- ! ons. He could not say whether the ; prisoner was mentally deranged or not lat the timeConstable Skinner gave evidence of ! the arrest, the identification, and the j finding of cartridges in prisoner's poej kets. During the prisoner's treatment in ihe hospital he was guarded by wit- | ness and another constable in turn- ; Prisoner appeared dazed during the | first day. but afterwards was rational. ; He. however, seemed in have no recollection of the shooting affair. Dr. Bennett, resident surgeon at the hospital, in cross-examination by Mr. Martin, said he considered the question of prisoner's, sanity while in the hospital, but did not thoroughly examine him on the point. His replies to questions seemed rational. The circumstances surrounding the crime, however, would induce him to think the accused was insane at the time from a medical point of view. But he could not say ii he was insane from a legal point of view. Dr. Porter said he dressed the prisoner's wound at the hotel, where he found him semi-conscious. He had no opportunity of judging as to his sanity. Constable Spillman, who assisted to keep guard over the prisoner at the hospital, said the prisoner's conversation there was always rational. To Mr. Martin: He believed some mention was made of a shipwreck in which the prisoner was included, but he could not remember the details. He did not remember anything being said about prisoner being in a boat with others for so long a period that they were thinking of drawing lots as to which should be killed. Mr. Scvernp, gaoler, said the reports made to him at the gaol did not lead him to regard prisoner as insane. Mr. J. C. Alartin made an eloquent appeal to the jury on the prisoner's behalf, and based his defence on a theorj of a temporary attack of insanity. He pointed out that prior to the crime sev ; era! -of the witnesses had noticed his j strange behaviour, and urged that il j was not unusual for a man to commil , a crime of this kind during insanity with out afterwards showing any sign of th( mental disorder. He narrated a locj series of strange actions of whicii ac ; quaintanees of the accused would give evidence.. (Continued on page tvm.)