MERCER SHOOTING

Auckland Star, Volume LXIV, Issue 112, 15 May 1933, Page 3

MERCER SHOOTING

ACCUSED IN COURT. RECOVERY OF VICTIM. BUIXET STIIX IN GROIN. Twenty-four hours after Mr. James Pennington Bates, garage proprietor, of Mercer, had been shot and wounded in the groin about 10 p.m., the police arrested Christopher Niven, aged 10, electrician, on the railway line, near Frankton Junction. Niven appeared before Mr. Wyvern Wilson, S.M., in tho Police Court to-day, charged that at Mercer, on April 14. he attempted to murder James Pennington Bates. He was also charged with unlawfully converting to his own use, on the same date, a motor car valued at £200, the property of Snorter's Rental Cars, Ltd. Accused, for whom Mr. Noble appeared, pleaded guilty to converting the car to his own use. He did not plead in respect of the major charge. The magistrate said he would sentence Niven for that offence after the other charge had been dealt with. Chief Detective Sweeney prosecuted. Victim's Evidence. It wil be remembered that the evidence of the main witness, Mr. Bates, was taken at a bedside court, presided over by Mr. Wyvern Wilson, in the casualty ward at the Auckland Hospital, where the victim was a patient, on April 17. Mr. Bates then identified Niven as the man who covered him with a revolver when witness demanded payment for benzine supplied. "When 1 met him, he had me covered with the revolver," said Bates. . "Accused said. 'I have no money and I'm desperate.' I said, 'That's no good to me.' Then there was a report and I ducked to my right. I was struck with a bullet in the pit of the stomach. Immediately I started to run, there was another report. There was a few seconds' interval between tho shots. I was not struck by the second

shot." !Mr. Bates said be was sure accused was the man who fired the shots. He said he gave him no reason to shoot him. He had no doubt at all that accused was the man who fired at him. He gave the police a, description of his assailant. Medical Evidence. Dr. T. H. Jagusch, of the Auckland Hospital staff, said Bates was admitted to tho hospital just after midnight on April 14 with a wound in the left groin. Witness produced X-ray photographs showing a foreign body in the vicinity of the pelvis. Bates was operated upon the same morning, but the foreign body was not removed. Bates was only discharged from hospital on May (5. Dr. L. A. Spedding, surgeon, said Bates had a small punctured wound in the left groin. A revolver bullet could have caused such, a wound. Witness operated upon Bates, but he could not detect any injury to any organ. The X-ray photograph showed what appeared to be a bullet lying in the pelvis. He was not an authority on the calibre of bullets, but it would be about the size of a .38 calibre bullet. No important arteries were punctured. The bullet was not removed. Chief Detective Sweeney: Is Bates likely to suffer any injury as the result of the bullet remaining there?—l do not think so. " Dangerous Region." Mr. Wyvern Wilson: Where the bullet struck, was that a dangerous region?— The region where the wound was inflicted was an exceedingly dangerous one.

Mr. Noble: It would not be such a dangerous place as the head?— Yes, quite as dangerous to life. Chief Detective Sweeney: Is there any likelihood of Bates having to enter hospital for a further operation?—l would say there was a possibility. Mr. Noble: Not a probability? —No. William John Churchill, manager of the Maori Hostel, Pavncll, was the next witness. Accused, Niven, was his stepson. He resided with witness prior to April 14. Accused would be 19 next month. On April 14 accused disappeared from home at 0.45 p.m. Witness owned a .38 calibre Smith and Weston revolver, which he kept in a drawer in his bedroom. In the same drawer were about ten rounds -~f ammunition. One .303 cartridge and some foreign coins (produced) were also in tho drawer. On the morning of April la witness said he reported aeeused's disappearance to the police. Afterwards he discovered that the revolver and ammunition had been taken. Later the same clay witness went to Ngaruawahia with the police. On the morning of April 16 witness was present when Detective-Sergeant Doyle found some ammunition and a coin, which witness identified as similar to the coin taken from his drawer, near the Ngaruawahia bridge. Chief-Detective Sweeney: When did you next see accused? —At the Hamilton police station on the night of April 15. Could he drive a car? —Yes. Weapon Light to tne Touch. Mr. Noble: Would the revolver go off easily ? —Yes, it was light to the touch. How long have you had the revolver?—lt was presented to me in 1897 at Wellington. It is a real old-timer, then ? —Yes, but it is a good serviceable, weapon. If a man was doing the Ned Kelly act, would it go off easily without the man intending it? —Yes. Bound for Hamilton. A garage proprietor of Pokeno, Frederick Kelsall, said he retired to bed at 9.30 p.m. on Good Friday and a few minutes later he was awakened by a noise in tho garage. Accused then knocked at the door and asked for some free air for the car. Witness got up and went into the garage, telling Niven to push the car in. The tyre was pumped up. The accused said he was short of benzine. He did not have enough money to purchase ono gallon so witness sold him half a gallon for 1/1. Niven denied that he had tried to open the petrol bowser before witness came out. Niven said he borrowed tho car for two days to go to Hamilton. Other Evidence. James Power, postmaster at Mercer, recognised accused as the man he had a tearoom at Mercer on the night of April 14. Accused asked where ho could get some benzine, and witness directed him to Mr. Bates' garage. Evidence was given by an insurance inspector that a "baby" car which he hired from Shorter's Rental Cars, Ltd., on the morning of April 14, was taken from near the Station Hotel, Auckland, early that evening. (Proceeding.), _„ Ja .