HOTEL TRAGEDY.

Hawera Star, Volume XLVIII, 4 November 1924, Page 5

HOTEL TRAGEDY.

SHUTES ON TRIAL. (bv telegraph—press association. AUCKLAND, Nov. 3. The trial of Benjamin Shutes, an American seaman, on a charge that on October 10, at Auckland, he did murder Reginald Louis Short, was commenced at the Supreme Court to-day. Mr. Justice Herdman presided., On the' suggestion of the Crown Prosecutor (Air. Meredith) the jury inspected the Aur or © Hotel, where the scuffle took place. Mr. J. McVeagh appeared for Shutes. Soon after Mr. Meredith had opened his outline of the case there was a further adjourmhent for argument in chambers as to the admissibility of certain evidence regarding the actions of the accused on the night of the tragedy. After outlining the case, Mr. Meredith said that, but two defences could ie raised. The accused could plead that he’ l committed the act when lie was overmastered by his passions and was worked up to such a pitch that he was not responsible for. his actions; or that he had done it in self r defence. Mr. Meredith suggested that neither defence would commend itself to the jury. Accused had endeavoured .to show that the injury was 'accidental. He had told the police that the knife was open for opening bottles of beer, but the jury knew beer was usually served with the tops already removed. Then he had run away instead of rernaining to see if Short was, seriously injured. This was a significant fact.. Then there was his admission on returning to the ship, and his reference to ripping somebody up. Then he produced the knife again and assaulted the engineer. In the hotel there could have been no time for Shutes to be reasonably provoked; since none of those near at hand heard anything but a scuffle, and there was no evidence to show that Shutes was assaulted by Short. Depositions from members of the crew of the YVest Islip were read and given by others oh the lines previously reported. ! The case was then adjourned till tomorrow.