SHOOTING SEQUEL

New Zealand Herald, Volume LXX, Issue 21469, 18 April 1933, Page 10

SHOOTING SEQUEL

SUSPECT REMANDED ATTEMPTED MURDER CHARGE COURT HELD IN HOSPITAL INJURED MAN'S STATEMENT A charge of attempting to murder James Pennington .Bates at Mercer oil Friday was preferred against Christopher Niven, aged 19, electrician, in the Police Court yesterday. Mr. Wyvern Wilson, S.M., was on the Bench and remanded accused for a week on the application of Detective-Sergeant McHugh. It is alleged that on Friday accused obtained benzine for his motor-car at Mr. Bates' service station, but did not make payment. When remonstrated with, accused is alleged to have drawn a revolver and fired two shots, one of which seriously wounded Mr. Bates, who is in the Auckland Hospital. Accused was arrested near Frankton Junction 011 Saturday night. Late vesterdav morning Mr. Bates rallied sufficiently to give a detailed account of what had happened. In view of the fact that he was to undergo an operation in the afternoon for the removal of the bullet and that complications might result, it was decided by the police that a sworn deposition should bo made by the injured man before the operation. Subsequently the operation was postponed. Accordingly a special sitting of the Police Court was held at the hospital, Mr. Wyvern Wilson, S.M., presiding. Chief-Detective J. Sweeney and Detec-tive-Sergeant P. J. Doyle represented the police. Accused was present. Evidence of Injured Man In his evidence Mr. Bates said he was 52 years of age and married. He was the proprietor of a service station and garage which was about 50 yards from his home on the Great South Road, Mercer. At about 9.30 on Friday night witness locked up the garage and went to his home. A friend, Mr. Dennis Cronin, and his wife were at the house and had supper with witness and Mrs. Bates. A little later Mr. and Mrs. Cronin and witness' wife went to the front door, leaving witness in the kitchen reading. Mr. Cronin then returned to the kitchen, and as the result of what he said witness went to the front of the house, where accused was waiting on the footpath. When asked by witness what he wanted, accused replied that bo wanted some petrol. Witness said, "Right oh," and walked to the garage, with accusal. Accused's car, a freshly-painted "baby" vehicle, was standing near the garage. Witness noticed an "S" on the number plate and in response to a question accused admitted that the car had been rented from an Auckland firm. Accused said he was going to Hamilton, and at his request witness filled the petrol tank on the car. "When about 2J gallons had been put in the tank was overflowing," continued witness. "Accused then looked down at a back tyre and said, 'I think I could do with some air in this tyre.' I said, 'All right, I will open up.' I had to go round to the back to open up. To get the air the car bad to bo moved. Accused backed the car round into the front door of my garage and I went in and switched on the lights. Accused backed into the garage and into my car. "I Am Desperate" "I blew up the tyre, accused standing by me all this time. While I was hanging up the air hose, accused got into the car and started the engine. I stepped on to the narrow running board and said to him, 'What about some money?' Accused said, 'All right, I will fix you up out here.' He drove outside on to the road and stopped. When he drove out ]'. went out to meet him. I just had my foot on the running board and was standing on the driver's side of the car, when accused got out the opposite side.- I then went round to the back of the car to meet him. "When I met him he had me covered with a revolver. He said, 'I have no money and am desperate.' I am not certain which hand he held the revolver in. Ho was pointing the revolver straight at my stomach. It appeared to be a dark colour, but there was a shade from the light, and I could not see very well. It appeared to be a big revolver. When he said he was desperate, I said, 'That is no good to me.' Then there was a report and I ducked to my right. I was struck with a bullet. It struck me in the pit of the stomach. Immediately I started to run I heard another report. There was- a few seconds' interval between the shots. I was not struck by the second shot." Vehicle Driven South Witness said he definitely identified accused as the man who fired the shots at him. After the shots were fired witness heard tho engine of the car roaring. The vehicle was driven south. When tho first shot was fired witness and accused were about 6ft. apart. Witness was running back to the garago when the second shot was fired. Until Friday witness had not seen accused. Cross-examined by accused, witness said he asked accused for 6s while ho was standing on the running board. Accused could not have got out of tho car on the same side as witness, as ho met witness at tho back of the vehic'o when he pointed tho revolver. Witneus did not hear accused ask him to walk down the street.