GUILTY OR GUILTLESS?

New Zealand Times, Volume XXXI, Issue 6996, 9 December 1909, Page 4

GUILTY OR GUILTLESS?

.INDICTED FOR ATTEMPT TO MURDER. PLEA OP THE "UNWRITTEN LAW" FORESHADOWED. JOSEPH WILLIAMS BEFORE THE COURT. Joseph Williams, a farmer, hailing from Auckland district, appeared on remand before Mr W. G. Riddell, S.M., yesterday, to answer a charge q£ attempting to murder his son-in-law, Francis Joseph Martin, in Ghuznee street, Wellington, on the evening of December Ist. Sub-Inspector Norwood conducted the case, for the police, whilst Mr T. M. Wilford appeared on behalf of the accused. Martin was represented by Mr Meredith. Accused, a man approaching sixty years of age, of medium stature, intellectual forehead, and somewhat refined appearance (.though he wore a dark flannel shirt, collarlcss and unbuttoned at the neck), listened intently to every word spoken by the witnesses. He shifted his position in the dock continuously, and gave evidence of nerves at high-tension. Mr Wilford intimated that as far as the defence was concerned it was not proposed to enter on it in any shape or form/ Of necessity the accused must be eonirnitted for trial, and it was idleto waste the time of the lower Court. THE SHOT THAT FAILED. Dr Henry said ho was called in to examine Martin and found a wound about half an inch long and skin deep about his left shoulder. Martin was in naval uniform,- the sailor collar of which-'had a hole in it on the left side, the edge'of the hole being singed. On Martin removing his ciotning :a bullet fell to the ground. MARTIN'S* STATEMENT. Francis Joseph Martin said ho was an expressman, residing formerly at 89, Ghuznee'street, but now with lus father at .Rintoul street, Berhampore. On the evening of December Ist. he was proceeding down Ghuznee street accompanied by a friend, Alexander Walls. He was dressed in naval uniform, and was proceeding to catch a boat for the forts. Th-ey had not gone far. when they met the accused, his father-in-law, who stopped witness and asked, him to come back up the street with him. He accompanied accused back about ten yards, Walls remaining where he was. Witness then stopped and said: that he hadn't much' time to catch the boat and did not wish to go any further. He said to Williams, "If you have anything to say to me you had better say it here. He then," continued witness, "started accusing me about hi* daughter. He said,' 'Why didn't you com© up and facie my daughter at the' Home?"' Sub-Inspector, Norwood —What daughter did you think he meant? Did yon think he meant your wife? Witness: No; Poppy; the younger one. The,sub-inspector:What age is she? ,W T itness:.. As far.as I know, somewhere about fourteen. ' ■" What reply '.did you make?... WILL FACE HER IN THE COURT. Witness: I'.said that I had ( been advised by my solicitor, Mr Meredith, not to go to the Home—that no good, wou'd come of it. I said: "If you wish me to face your daughter I'll face her i» the proper place—that's in the* Court." He said: "You'll never see the Court; I'll hang for your first." I said, "Why ?'' He had his hand in his right-hand coai pocket. He pulled his hand out, saying : "I'll soon, show you.'' I saw something shining which I took-: to he a bottle. I. ducked and there was a, discharge close to my left ear. I felt a pain like a pin-prick in my shoulder. Walls was standing alongside. The Sub-Inspector: When had he come up?- '' ' - ' "' '•"' X TOOK TO. HIS HEELS.. Witness: "I had already called him up to listen to something Williams: was saying to me. He had mentioned something about a girl. We were all three in a bunch." After "the revolver had been fired,.witness .staggered out on to the road, where he stood and watched Walls close .with accused, .who still held the revolver in his hand. Walls shouted: "Run! He'll get another, one into vou." Witness then cleared off down Cuba street, where he mot a sergeant ind a constable, to whom he related what had occurred. A ,plain-clothes policeman and Walls came running up and said:' "We've got him " Mr Wilford objected. The conversation had-not taken place in the presence .of the acoused..... : . ; .... '■.'. Witness, said /accused got away, from 'Wall and started following him (witness) down the street. ■■'•' >: - ■ To,.the Sub-Inspector: Williams was not a yard away from witness when he discharged ; the, revolver. . V Mr Wilford: I just want to ask one question, sir. Is this little girl of fourteen pregnant? Witness: Tes.. CHALLENGE ACCEFTED. Alexander Walls, boilermaker, residing at Ghuznee street, said when he and Martin met accused on the night in question accused was the first to speak. He said to Martin, "Here, I want to speak to you. Come up the road." -. Martin went up the'road and witness followed some distance behind. After going some distance Martin said: - "This", is far enough." The two had been talking two or three minutes when Martin called witness up and said to accused: ' ? Say in front of this man what yon said to me just now." The accused said: "Yes, I'm not frightened to say it." He then started to tell witness something. The Sub-Inspector: Well, tell the Court what he said. "I'LL HANG FOR YOU."

Witness: He said that Martin and his wife were' in bed with a young girl in between them.. • '

The Sub-Inspector: Did he say who the girl was? Witness: Ho said . the name, but I can't think of the name. He said that in the morning Martin's wife had to get breakfast, and that she left Martin in bed with the girl. Accused started talking about Ms daughter.

The Sub-Inspector: Which daughter? Witness: His young daughter: Martin said: "I'll prove that in the proper place—in tie Court." The accused replied: "You'll never see the Court, as I'll hang for you, you ." With that he drew a revolver and shot at Martin at a distance of..about six inches.; "LOOK OUT; HE'S AFTER YOU!'"■ Martin sort of stumbled when the revolver was fired, and witness made a rush at accused.. The latter threw him off, and as he did so witness said .to Martin, "look out; .he's going- to snoot again." Martin was about ten yards off. . Accused then said to witness, "3)o yori want a bullet, too?" Witness said, No, don't be silly," and ran away. Accused then went down Cuba street in the same direction that Martin had gone. Witness ran to : the corner• and' said, "Look out, Frank; he's after you?" He saw a policeman, and reported the matter to him. "YES, I SHOT HIM." Constable Quayle said that he - and Constable -Cummings were on duty in Cuba street, on the evening In question. At about 7.15 they 'heard a report, and shortly afterwards" Walls came running up. "Witness accompanied Walls down the street, and the latter pointed out accused, who was going down . Cuba street at" a." brisk walk. Witness "said

to accused, "Where's that revolver? Accused answered, "Yes, I shot him. I wilt go quietly." He then took a revolver out of his coat pocket and handed it to witness. It was a five-caambcred revolver, loaded in four chambers. The other chamber contained an empty discharged cartridge. Shortly afterwards accused said, "The only tiling I am sorry for ifi that I did not shoot turn doad, the scoundrel! I will hang for him!" Constable Cumrmngs had gone down Cuba street after Martin. When they came back accused said, You do not want any evidence; I shot him, and I'll hang for him." "HE HAS RUINED MY DAUGHTER." Witness hired a cab and took accused to the Mount Cook Police Station. On the way to the station accused started to i cry. He paid "My life is no good to m© now. He has ruined my daughter, and she is only thirteen years of age. . There was going to be a court case, and I've been down seeing the detectives. They told me they'd have to let the case drop, as there was no corroborative evidence, so I took the law into my own hands. The only thing I'm sorry for is that I did not shoot the scoundrel dead. I don't care if Ido hang for it. Whilst the constable was relating what had occurred on the journey to the police station accused was in tears, and appeared to be powerfully moved. Continuing, witness said that accused explained that he bought the revolver m Wellington, at a shop down near the wharf, either on the previous day or on the day before that. EVIDENCE' CORROBORATED. Constable Cummings, who went in pursuit of Martin, said he, found the latter at the corner of Manners street and Cuba street. He appeared to be exhausted. When witness and Martin rejoined Constable Quayle and accused the latter said "I shot him. 111. hang for him." Nothing else was eaid in witness's presence. COUNSEL CONFIDENT. ■ This closed the case for the prosecution. , . J Mr Wilford said he had only one brief statement to make at this stage. A judge would sometimes comment on the faot that no indication had been given in the lower court of what line a defence would take. A defence would bo put forward in this case which he felt sure would icompletely exonerate the accused and would show a set of circumstances which would bring about his acquittal. "If ever a man was more sinned against than sinning, concluded Mr Wilford, "it is the accused. I shall reserve my defence until the trial." COMMITTED FOR TRIAL. Accused pleaded not guilty, and was committed to the Supreme Court for trial. Bail was granted in one surety of .£4OO, Mr Wilford intimating that the accused would leave for Auckland with ; his wife and surety by the midday express.