SHOOTING WITH A PEA RIFLE.

Evening Star, Issue 11676, 7 February 1902, Page 4

SHOOTING WITH A PEA RIFLE.

At the Police Court this morning Charles Gatehouse was charged that, on the 28th January, at Kaikorai, he discharged a rifle at William M'Meikan with intent to do grievous bodily harm. v Mr Hanlon appeared for accused, who pleaded not guilty. Chief-detective Campbell, who conducted the prosecution, stated the facts as they would be detailed by the witnesses, and then called

Wm. M'Meikan, farmer, residing* at Brockvdle, Kaikorai, who said that at 2 p.m. on the 28th January be saw five per&oui —he believed accused was one, and there were four younger ones—standing outside his garden. Witness and Walter Thompson went down the hill. The lads •went on a few paces, when two of the younger boys went into the garden and began fiDiiig a Maori kit with apples, whilst the others seemed to be keeping a lookout. Witness cried to them to clear out. They all ran, and witness gave chase. They ran in the same direction till they reached the road, then, separated. Accused went along the road; the four others turned up Ewing’s hill. Witness followed accused, who was carrying a pea rifle or a rifle of some sort. Accused said “If you come after me I’ll shoot you.” and when witness got within one hundred yards accused turned and fired. Witness heard the bullet strike the bank about 2ft away. Witness then took shelter behind a bank, and remained there for about a quarter of an hour, when, thinking accused would be gone, witness came out and was making for his house. Accused, who was then in Ewing’s property, then fired a second shot. Witness thought he would be about three hundred yards away, but it was downhill that accused fired, and the bullet went over witness’s head. Accused raised the rifle to his shoulder once before he fired, and took deliberate aim at witness. To the best of witness’s belief accused was the man. He had darker clothes on then than now, witness thought. To Mr Hanlon: Witness had lived in the Kaikorai a long time. Some bovs made .a pastime of robbing his orchard, * and it made him angry and it made him a Ettlc excited, but he didu’t lose his head. He had given some boys a biding. He bad two guns, but never flourished, them or discharged them to frighten the boys. The hiding consisted of a clout with his open hand. When accused fired witness thought it was because he was frightened he would be caught. Witness was satisfied that accused deliberately fired at him with the intention of murdering. He did not know of iuiy motive that accused could have except being chased, but be never saw a young man so determined to shoot him or to fire at him. Witness did not think that accused's design was simply to stop witness from chasing. Accused had a chance to get away if he had liked. When accused was about to fire the first time witness stood still, not knowing whether accused would fire. When accused was aiming the second time witness jumped on one side. Walter Thompson, laborer, deposed that M'Meikan and he saw the boys in the garden, and that M'Meikan followed accused. Witness remained on top of the hill, and saw what happened. He saw accused fire in the direction of M'Meikan, and then, when a pood distance up the road, he fired another shot at him. To Mr Hanlon: Witness saw the first shot go into the bank and the second one down the gully, and he heard, both ballets whizz. Did not know how far away he was. The luncheon adjournment was here taken.

On resuming at 2.15, Maxwell Windns (thirteen years old) pave evidence. On the 28th January he and accused and other boys went out rabbiting. They took a gun and fifteen cartridges. When witness and another boy went on to M'Meikan’s two men chased them, and whilst he was running he heard a report. Gatehouse said, when they rejoined, that he fired only bo frighten the man. Constable Hastings said that Gatehouse, on being arrested, made a statement to tne effect that on being chased he fired two shots in the air to frighten the man who was pursuing. When searched the six cartridges produced were found on him. Mr Hanlon said that if that was the case he would submit that it should be dismissed. His Worship had to be satisfied, before committing accused for trial, not only that the shots were fired at M'Meikan, but that they were fired with intent to do grievous bodily harm, and neither was proved. It was preposterous f to say that Gatehouse deliberately aimed at M'Meikan. No motive whatever had been suggested, and it was unreasonable to suppose that for no provocation—because Gatehouse had doife no wrong in the first place and the chase was over when the shots were fired the accused should have contemplated minder. And was it likely that, if MMeikan really thought Gatehouse was aiming at him, he would have stood without moving, to be shot down like a dog? MMeikans evidence was a gross exaggeration, as was shown by his saying that he heard -lie bullet go into the bank. Thompson a statement, that he saw the bullet go into the bank, was not more absurd. It was a cose in which no jury would convict. His Worship said he considered there was a case to answer. After hearing M'Meikan’s evidence he could come to no other conclusion than that accused fired at M Meikan • whether he quite realised what he was doing was another matter. But he (Mr Graham) would not take the responsibility of di gmi,urin g the case. Accused would ! e committed for trial. Bail was allowed, as before.