WHANGAREI FATALITY.

Auckland Star, Volume XLIV, Issue 90, 16 April 1913, Page 7

WHANGAREI FATALITY.

SHEEHAK OH ___!____.

STORY OF THE ___CK)_T_]SIG.

(By Telegraph.—Own Correspondent.)

WHANGAREI, this day. • At the Magistrate's Court to-day, before Air P. V. Frazer, _,__., the youth Edward Augustine Sheehan was charged with the wilful murder c_ George Thomas Fyfe, at Parahaki, on Sunday, April 6th, by firing a pea-rifle at him. ; Senior-Ser-geant- Moore prosecuted, (Mr.; Ii mere appearing for accused. "Great public interest centred in the trial, the courthouse and its precincts being crowded. ;■ The. prisoner appeared very composed, taking a leech, interest in the proceedings.' ; . ',"■ '....^

Sergeant 'Moore briefly outlined the facte leading up to the shooting, and lyfe's death in the 'Whangarei .Hospital.

Dr. Frazer -Hurst, medical superintendent of the Whangarei Hospital, gave evidence on Bimflar lines to that at .the inquest on April 9th. To Air. Piekmere be said that deceased, when making his dying depositions, made them voluntarily. He appeared to realise that he was dying, and was not vindictive. Witness considered thai no leading questions were put to deceased by -tie police when the depositione were being taken. John P. Reilly, aged 13, repeated the evidence given at tie inquest ac to being in possession of a ipea rifle with ammunition, land aocotypanying Sheehan to Parahaki. Witness' evidence closely followed "thai at the inqaeet, except that he said "when accused had hold of the •rifle deceased tried to pull it away by the •barrel to have a shot. Witness heard accused cay: "He's «hickercd the rifle." Witness, on coming back from the creek, saw that the -butt of the rifle had been broken, causing the barrel to wobble ai>out. iWitness had previously slightly split the riflle, but after testing, it, was found not to wobble.' Winces bound the stock of the rifle to stiffen it. Continuing, witness detailed the throwing of manure by deceased, and the firing of the rifle by accused at deceased, sheltering behind a tree. Witness had' previously caught hold of the barrel, telling Sheehan not to fire, as he might miss the tree- and, hit George Fyfe. Sheehan did not look annoyed when Fyfe went behind the tree. Witness' could not stop Sheeham from firing. 'Cross-examined hy Mr. Piekmere: Witness said he was sure the barrel of the gun was not wobbling about when it was first taken out. Witness caw the horse manure thrown; it did not appear to be thrown hard. Deceased was close to Sheehan. He did not notice if deceased wae langhing when he ran behind the tree. Deceased got as well as ilie could behind the tree. His left side was not covered, being towarde Sheehan and unprotected, owing to hie being in a crouching position. This was the position of deceased when tho ehot was actually fired. Sheehan was sitting down the whole time. Witness ran to the tree to see whether the bullet had marked it, thinking that deceased might be "kidding." Witness let go the barrel when he found it wae no good, as accused would not put it down. The place where witness found the rifle was where Sheehan had been sitting. To Sergeant Moore: Deceased's body was facing at right angles to a- line between Sheehan and the tree, with his back towards the stream. The inquest was adjourned till 2 p.m. The case promieee a lengthy hearing, as eleven witnesses have to be called.