Sawmill Worker For Trial On Manslaughter Charge

Press, Volume CIII, Issue 30365, 14 February 1964, Page 13

Sawmill Worker For Trial On Manslaughter Charge

After hearing the evidence of a number of witnesses for the prosecution in the Magistrate’s Court at Hokitika yesterday morning Mr A. P. Blair, S.M.. committed William Johnston Ross, aged 56. a sawmill worker, for trial for manslaughter at a sitting of the Supreme Court in Greymouth on March 17. The charge against Ross was that on December 14 at Okuru river, Haast, he failed to take reasonable care with a .303 rifle and in discharging it caused the death of James Raymond Jollie. aged 26. a head bushman of Okuru. formerly of Nelson Creek, thereby committing manslaughter. Ross pleaded not guilty. Detective-Sergeant J. P. Crozier, of Greymouth, conducted the prosecution and Mr J. D. Cadenhead, of Greymouth, appeared for Ross. The first evidence, that of Brian Patrick Adamson, aged 30, a sawmill hand at Haast, was taken in a private ward of. the Westland Hospital, where he is a patient. He said that on December 14 he agreed to go shooting with Colin McSrorran- MacGougan, Raymond Jollie and Ross. They left the mill Shortly after 5 p.m. and arrived at a place called the bottom hut up the Ukuru river about 7 p'.m. They had seen deer on the way. The light at the time was quite good. MacGougan, Jollie and witness crossed the river and shot some deer before returning to the hut, where accused had waited. Adamson parted company with his two companions and walked up the beach. The • other two

returned to the hut by I another route. As Adamson approached’ the hut he saw accused with! a rifle which he had fired. Adamson glanced to see what Ross had been shooting at and saw Jollie through the trees. The light at that stage was bad. Adamson saw Jollie fall to the ground and then beard MacGougan call out “You’ve shot Ray.” Adamson indicated on photographs the places where the parties had been standing when Ross fired his shots. Adamson assisted MacGougan to sit the injured man against a tree and after finding that Jollie had little pulse he had gone for assistance. Ross broke, down when he realised what had happened and went into the hut. In answer to Mr Cadenhead. Adamson said that all members of the party had been friends and no liquor was involved. It was a fairly desolate region and there was no other party in the vicinity. Ross had been upset by the fatality. The clothing Jollie and MacGougan were wearing would not have stood out in the failing light. The Court then adjourned and the remaining evidence was taken in the Hokitika Magistrate’s Court. Dr. Alexander Gibb Fraser, pathologist at the Grey Hospital, said that on December 15 a post-mortem examination on Jollie showed bruising had been present under both eyes and a puncture of a circular nature on the upper lip. Both upper and lower jaws were fractured in several places. There was also an exit wound at the back of the neck. The wounds were consistent with those made by a high-velocity bullet, added Dr. Fraser. Death was caused by asphyxia as a result of the wounds. The evidence of Adamson was corroborated by Colin McSporran MacGougan, mill foreman, of Haast, single, aged 33. He said that when they parted from RoSs they told him he could have a shot if he wanted to and he replied that he would have a look round the top of the north end of the hut, but that he was not fussy about shooting. Ross had said he woud prepare a meal for them on their return. MacGougan said that he was walking in front and Jollie was about six feet behind him as they headed up the river flat towards the hut. Ferns, growing on the flat were about waist high and light was failing.

“As we approached the hut I heard a shot but didn’t immediately take much notice until I looked up and could see the barrel pointing towards us and then dropped to the ground,” continued MacGougan. “I was yelling, although 1 don’t remember what I said. I did it to attract attention, because I could see a mistake’ had been made.

I “I realised we had been mistaken for a deer by defendant. He fired twice. One of the bullets hit Jollie. but I don’t know where the other went" MacGougan said that when he realised Jollie had been shot he examined him for heartbeat and pulse and called for help. Adamson had been standing to the right of Ross and about 25 yards away from him. Witness said he had not been in a proper position to see Ro«s at the time he did the shooting. He only caught a fleeting glimpse of him. Jollie was wearing a fawn shirt shorts, gumboots, and a khaki cap. Eileen Mary Nolan, a married woman, of Upper Okuru, a registered nurse, said she had been called to the scene by Adamson. She found Jollie to be dead. She went to the hut and tried to console Ross, and prescribed a brandy for him. Henry Hawker, aged 33. a mill employee, of Haast. identified the rifle produced in Court as one he had lent to Ross on December 14, together with 16 rounds of ammunition. Evidence was also given by Constable K- Holmes, police photographer, of Greymouth; FhlUippa Mary Morris, district nurse at Haast: Sergeant J. S. Cromie, ballistics officer, ot Wellington: Constable T. N. French, of Hokitika, who described the apparent injuries suffered by Jollie and the area where the shooting occurred: and DetectiveSergeant R. Bridge, of Greymouth, who produced a statement made by Ross. In this, Ross said he had seen a shape moving away from him in the dusk. He had fired twice and then heard MacGougan call out that Ray had been shot. “I thought I was shooting at deer I had seen earlier. I did not expect the others to be where they were and expected that they would be back about half an hour later,” concluded Ross's statement