A CHARGE OF ATTEMPTED MURDER.

Press, Volume LXIV, Issue 13110, 8 May 1908, Page 8

A CHARGE OF ATTEMPTED MURDER.

THE LYTTELTOX CASE.

ACCUSED BEFORE THE COURT.

Tho Lyttclton Courthouse was crowded to the doors yesterday, when tho •hoaring e-t tho charge against Frederick Hill of 'attempted murder was taken by llresre C. Ferrier, J.l\, a.nri G. A. Le-win. J. P.

Tho accused was further charged with ;i.t<?nL to rftiist lawful apprehension by attempting to discharge a loaded "revolver at Constable iioriarty. -Air Donnelly appeared for tho accused. Sub-Inspector Dvvycr conducted tho case- for the police. Alexander James Mulr, who looked very weak and frail, was allowed to sit while giving his evidence. Ho staked Ik- had known accused about eighteen months. They had an argument in October, and it ended in blows. On November Lst accused came up while witness was sitting on tho doorstep of the boardinghou:-:e, struck him on the jaw, which was broken, a.nd knocked him out, on to tho footpath. Accused was charged with tho offence- and lined £10 or two months' impiisonmojit. Accused did not pay tho fine, but went to gaol On .Saturday afternoon. March Tth. as witness was walking, inside tho dooi of the imardingliouse. accused, who w;i.s outside on tlin footnath, said: "1 (su"pp«-so you think you "are going to get out of it. but you're not; tako that!" Accused had his right hand in his pocket, and drew it out. and shot witn-rss in tho ripht breast with ;i revolver. Witness at onco made for tho sitting-room, and as ho was cotting through the door accused fired again, and hjt him in tho back. Alter receiving the second shot witness fell, and accused again fired, but tho shot missed him. and lodged in the floor. Witness got up and staggered nlxmt. but did not son accused again. Witness was treated in 1/vttelton Tor a few days, and was then (taken- to tho Christehitrch Hospital, wltero he had been ever since. Ho was still a long way from being stronsr. H© felt the effects of the injuries in his chest and lungs, his breathing being affected. Ho did not feel strong enough to tackle work vet.

To Mr Bon.iiHly. On October 26th wiring and Hall had -i. fight, but witness did net put his finger'in. Hall's mouth and tear his jaw. They got held of cich .other, and witnees put his hand across Hall's mouth and throw linn on the floor, a.nd thnt ciuioj the struggle. After Hal) caino oiit of gaol witness nevea , reiferrnd to him 3s a '•gaol-bird."' Witiu'ss did not i-ay a feiv minutes before th© eh'ootin.fj that accused was wearing a or a "piebald' dress. Ho iriiade no remarks about clothing, either to accused or to anybody else.

I)r. J. A. Newell stated that on March 7t.lv ho wae. called to s<?o Murr at Clark's boardiug-ho>u&e. Witness examined him. and found two bullet wounde—one on tho right side of tihe rh;ivt, over tho Urer., and the other on th-<> back of tho cfaest, on tho l«ft side ever the lung. Tho wounds wero b;,«ding, and Muir was suffering very much from shock. Ho was conscious jUI the time. Tho bullerte were sfcj.ll embedded in his body. When witness thought it safe. Muir was seat to the OhriVtchurch Hospital, wihere 'ho had been up to tho present time. Witaicos had previously attended Muir for 3 fractured jaw. He was a strong, robust man at that time, but tho injuries caused by the shooting wero vary serious, and he was now a changed man. It would probably be iron tits before Muir was fit to go to work again.

i Oh arks Ckrk gave evidence as to ifcho shooting, and said there had been bad fee-ling existing 'between Muir and Hall for sonce time previously. ■ In siKwking about Muir on one occasion, Hall ©aid ho 'Hvould fix him."

To Mr Donnelly: -Witness was present on tho occasion of the first row between Hall and Muir. They wero arguing about something,, but witness did not hear what -was said. Muir did not hit Hall first, who, however, struck him. Hall's mouth and cheeks Tvero injured. HαU was pretty -well helpless as the result of drink, and Muir got- him down. Muir was sober, as far as witness could see, and was Hail about when ho was down, and it was then that the injuries to Hall's mouth wejo caused. This row took place on October 26th. Thomas Dowd also gave evidence. Lyell Shierlaw Hanssen was called, but did not appear. After some discussion, Mr Ferrier said tho Bench had t>ower under ,*ectiatid 127 and 128 of tho Justices of the Peace. Act to issue a warrant for tho apprehension of tho witness, and they would do so. The Court would bo adjourned for an hour, and in the meantime the polioo might find tho missine witness.

On the Cr.urt resuming at 1.30 p.m., Daniel Joseph Kellebur, licensee of the British Hotel, stated that ho was passing the"" boarding-honeo oa tho afternoon of March 7th. Ho saw Hall in the doorway. and heard three ehots fired. Witness dkl not see Muir. but ■Hall rushed across the street up .a opposite towards the Borough Council yards. Ho called out to Consfcafble Wilson and told him which way to no. He. then, went to tho Police Station and met Constable Moriartr. whom ho told what had taken place, and they ivent in pursuit of Hall. Witness saw accused behind a stable in the Council yard. Constable Gloria rty went down the hank towards Hall, sayin? that lie ''must capture him before he runs further amok,' , or words to that effect. AccuMjd fared the constable and pointed the revolver at him. Hall jerked the weapon twice as if ho were trying to pull the trigcrer. Witness then saw acc-uwd turn the chambers and heard tho "click"' as he did so. Hall then pointed tho weapon «aain..and witness threw a stone at him. This caused him to divert his attention from tho constable, who ■rhre'w 9 iKece of tin, and a piece of clay at him. Accused then wallvcd towards tho constable, hard in.tr him tho revolver and saying what witne.?-! thought to be ''You* are a bravo rnun.' . The constable then secured the at-cu^ed.

To Mr DoruK'll.v: Witness had'known accused for about six y-ears. He first m«'t him at the Young Men's Club, and had always found him a qujot and respectabk man, and as far as he kiivw accused was of sol>er luibitis.

Lrcll Shi-erlnw Hanssen, in arsiver to the flench, said he liad been in Hoathcx>te Vallpy to see his mother, wlir> was very ill. and had quite for-jroUr-n to appear in the -morninj;. Ho stated that at 10 v.m. on March fith he- was in company with Hall. Muir's name cropped up, and Hall said. '"T have done Vivo months for Muir, and T am going to have mv revenue. I will either shoot him or knife him." Witness said nothincr. and as Hall was under the influence of liquor, he thought it timo to leave him, and did so. »

To Mr Donnelly: Witness first met Hall on the evenir- of March 6th. about 7 p.m.. in the. Albion Hotel. He spoke to Hall and "shouted" a drink, but did not see him ajain until about 10 t>.m., when Hall, who wns not in his sober senses, met him in London street and used the threats against Muir. Witness did not know whether Hall krow and meant what he eaid.

Percy G. F. Mumford gave evidence as to seeintr Hall on March 7th behind tho Council's stables, .with a revolver in his possession. William .Stone stated that he saw Constable Morinrty throwing pieces of clay at Hall in the back of the Council \urd. Hnll was pointing the revolver at the Constable. Witness surmised

that Hall, who appeared to bo unstrung and in a very nervous state, might hare attempted to discharge the weapon at the constable, but he-would not say that Hall deliberately attempted to fire the weapon. Witness was quite sure that no one was near enough to-'eay whether Hall attempted to pull the trigger or not. Hall was the only man who could say whether ho attempted to discherge the weapon. Tho accused made "a most complete and deliberate surrender to the constable."

To Mr Donnelly: Witness had known Hall for a number of yeans and up till the time of tho trouble with Muir, considered him a credit to any ooiu- v uiiinity in which ho might lire. Constable Moriarty gave -evidence regarding the arrest of Hall. Witness went towards accused, who took aim at. him. Witness could soothe mail's eye along the barrel, and ho threw a piece of tin at accused to divert his aim. Hall tried to discharge the weapon and witness threw a pieco of clay at him, and he then held the revolver towards the ground and tried to fire- it. His fingers were moving on the trigger and he then stepped towards witness ar.d pointed the weapon at him. As he approached. Hall passed tho revolver to his left hand and held it out to witness, who arrested him, accused remarking. "You are a brave man." The revolver produced was the one Hall was carrying. There were three discharged cartridges in it, one empty chamber and one undischarged cartridge in the fifth chamber. The undischarged cartridge had the mark of the hammer on the cap. Witness, in company with Constable Wilson, took accused to tho Police »Station, and. on searching him found in his pocket thirteen undischarged cartridges to fit the revolver. A day or two later witness visited tho boardinghouso and found the bullet (produced) embedded j in the floor of the sitting room. j To Mr Donnelly: Witness was about four or five yards away from Hall when the latter aimed at him first. The j revolver was one which would act without having to raise- the hammer. If the revolver had acted as it was supposed to do, accused would have Had no difficulty in attempting to discharge a second cartridge at witness. Accused, who pleaded not guilty to both charges, reserved his defence, and was committed for trial at tho next session of the Supreme Court at j Christchurch.