SHOOTING SEQUEL

New Zealand Herald, Volume LXIX, Issue 21332, 5 November 1932, Page 12

SHOOTING SEQUEL

RECENT CASE AT ROSS ATTEMPTED MURDER CHARGE PATIENT'S GOOD RECOVERY ACCUSED SENT FOR TRIAL [by telegraph—press association] HOKITIKA, Friday The preliminary hearing of the charge against Georgo William Muir of the attempted murder of Athol Crowe Potter, at Ross, on September 8, was taken in the Magistrate's Court to-day. It was alleged that Potter was shot late at night near a bach. Following formal evidence, Dr. Wilson stated that he examined Potter on the morning of September 8. He found a wound over the crest of the left hip, such as could be caused by a .22 rifle bullet. An operation revealed internal injury. The patient's condition was very serious, and gradually ho became worse. He was operated upon on September 10 and 11, and after that gradually improved. He had sufficiently recovered to undergo an operation on November 1, when the bullet was removed. The bullet had gone in horizontally, the nose being flattened. At the present time the patient's condition was fairly good, and his chances of recovery were very favourable. Detective Holmes stated that the bullet had been referred to an expert, and would not be included in the exhibits at this hearing. Evidence of Companion Charles Robert Highet said he first saw Muir on the night of the shooting at a hotel. They had a round of drinks, and after leaving proceeded to a bach, Muir accompanying witness and Potter. After being at the bach for some minutes Muir was told to leave and witness took him by the shoulder and put him out, but there was no struggle. Muir seemed to have gone, but about 10 minutes later he called to Potter, stating that he wished to see him alone. Potter went outside and a few seconds after witness went to the door. The other two men moved into the road, continued witness, and lie heard accused say to Potter, "You are keeping something from yonr mate." Witness went to the road and told Muir to go home. Muir turned as if to-go home. He walked to a fence, stooped down and appeared to pick up something. Witness heard the noise as of a gun being cocked. Potter and witness were then on the footpath, making for the cottage. They heard Muir say something. Then witness heard the report of a rifle, turned and saw Potter clutching at his side with both hands. Potter Dropped at Door Accused was about 22ft. away at the time, continued witness. When he heard the shot, witness made for the cottage door. Potter said, "He's shot me." When witness got to the verandah he called to Potter to come in. Potter got to the verandah and dropped at the door. He crawled in on his hands and knees. Witness locked the door and extinguished the light. He heard accused just outside saying, "Come out." After a-quarter of an hour witness assisted Potter to the police station and reported the matter. Regarding the allegation that witness was keeping something from Potter, witness said he knew nothing. They were the best of friends, and were on confidential terms. Highet continued that Muir was the only one he saw who could be the cause of the shooting. He had no doubt who caused .the injury. Cross-examined, witness said there was no discordant note on the way to the bach. He knew of no reason for any quarrel. He saw no weapon in accused's hand. Between the shooting and going to the police station he saw nobody. Henry John Reid, who resided on the section next to the bach, said that during the night' he heard voices at the bach.About 15 minutes later he heard a man call out, "Alex, are you there?" A voice from inside replied, "Who's there?" Witness heard the man outside say, "George Muir." He heard someone come outside, but could not hear what was said until he heard someone say, "Go home." He heard Muir say he would go. The next witness heard was the report of a rifle and later of a man falling on the verandah at the bach. "Saw Accused in Front of House." Witness said he went to open a window and saw accused walk to and fro in front of the house inside the section. He heard accused say "Come out or I will set five to you." Witness waited until he saw Muir depart toward his home. The night was not good enough for him to see if Muir carried a gun. A deposition by Athol Crowe Potter, taken at his bedside in the hospital on September 9, stated that he was aged 39. With a friend, Highet, he had been prospecting at Totara, and visited Ross once a month. On one of these visits he met Muir. On September 7 he and Highet wer.:t to Ross, arriving at 11 p.ni. They placed their swags "in a bach belonging tQ a Mr. Peebles, and then went to a hotel, where accused entered about the same time and joined them. Potter's statement of subsequent events up to the time that Muir called him from the bach was on the lines of the evidence given by Highet. Ho said that when he went ov»?r to Muir and asked "What do you want?" Muir replied, "You aro hiding something from your mate. Why don't you tell him ?" Witness could get no sense out of him, and (told him to go away or lie would kick him off. Hit in the Left Side Muir then rushed away up the path toward the fence and witness started to follow, continued the statement. He had only gono four or fivo paces, however, when he saw a flash, and immediately felt something hit him in the left side. lie had been shot. Accused was 20ft. away when the flash came, but witness did not see the gun. Nobody else was near at that moment except Highet, who was near the bach and behind witness when the bullet struck him. Charles O'Rourke, licensee of the Commercial Hotel, stated that all the men were sober when they left the hotel, Muir not being under the influence of drink that night. There was no disagreement among them while in the hotel. Constable Powley said that at one o'clock in the morning Potter and Highet called at the station. He examined Potter, who was in great pain, and stated that he had • been shot. At 6.30 witness went to accused's house. Accused was in bed and no one else was in the house. On witness asking about trouble with Potter, Muir said there was none. Denial by Accused Witness said he told Muir that Potter said that Muir had shot him. Muir denied this, saying he had left him talking to hi 3 mate about midnight, after leaving the hotel, and had not seen him since. Asked for a statement, !NTuir said he was not bound to give one. Witness told accused to dress. He asked for accused's rifle, and was told it was in the kitchen and had not been used for some time. The rifle was taken by witness to the station. Witness searched Muir and found four .22 calibre bullets in a pocket in his trousers, and. one packet. Accused said he had had them in his pocket for a lons time. He stated that he had more at home, and, going there, brought 107 pea rifle rounds. He also had a shot gun which witness took. A further search of Muir's houso revealed a pull-through which appeared to have recently been used, continued witness. On October 26 a man named McLennan handed him a shell, which ho said he had found opposite the section near Peebles' bach, but witness considered it had been placed there since the first search, as it had not been subjected to weather exposure. Accused pleaded not guilty, reserved his defence, and was committed to the Supreme Court, at Greyinouth for trial. The question of bail was reserved.