CHARGE OF MURDER.

Hawke's Bay Tribune, Volume XIV, Issue 278, 4 November 1924, Page 5

CHARGE OF MURDER.

THE AUCKLAND TRAGEDY. TRIAL OF BENJAMIN SHUTES. (Per Press Association.) Auckland, Nov. 3. The trial of Benjamin Harrison Shutes, American seaman, on a charge that on October 10 at Auckland he uid murder Reginald Louis Short, was commenced at the Supreme Court. Mr Justice Herdman presided. On the suggestion of thd Crown Prosecutor, Mr Meredith, the jury inspected the' Aurora Hotel, where the scuffle took place. Mr McVeagh appeared for Shutes. Soon alter Mr Meredith had opened his outline of the case there was a further adjournment for argument in chambers as to the admissability oi certain evidence regarding the action of the accused on the night of the tragedy. Alter outlining the case Mr Meredith said that but two defences could be raised. The accused could plead that he committed th© act when he was overmastered by his passions and worked up to such a pitch that he was not responsible for his actions, or that he had done it in self defence. Mr Meredith suggested that neither defence would commend itself to the jury. Accused had endeavoured to snow that tne injury was accidental- He had told the police the knife was open for opening bottles of beer, but the jury knew beer was usually served with the tops always removed. Then he had run away instead of remaining to see if Short was seriously injured. This was a significant fact. Then there was lift admission on returning to the ©hip and his reference to ripping somebody up. Then he produced the knife again and assaulted an eufgineer. In the hotel there could have been no time for Shutes to ha\v been reasonably provoked, since none of those near at hand heard anything except a scuffle and there was no evidence to show that Shutes was assaulted by Short. The depositions or the members oi the ci.w of th© Wet Islip were read and evidence was given by others as in the Lower Court. The case was adjourned. THE DEFENCE. Auckland, Nov. 4. The trial of Benjamin Harris Shutes charged with the murder of Reginald Louis Short on the night of October 10th, at the Aurora Hotel, was continued to-day. At the conclusion oi the Crown’s case, Mr. McVeagh, for the accused, said that he did not propose to call evidence. He addressed the jury, and said that there were three views they might take—(l) That the act was done in self-defence; (2) that it was purely accidental; and (3) that it was committed under provocation. Mr. McVeagh proceeded to discuss the value of the statement made by the accused to the police, voluntarily, within 24 hours of the tragedy, and before the accused knew the details of the evidence to be used against him. The statement referred to was to the effect that it was merely a coincidence that he (Shutes) had a knife in his hand when he met Short in the hotel; that deceased struck him a heavy blow, and that he (Shutes) had thrown out his hands and cut Short with his knife.