RELUCTANT WITNESS

New Zealand Times, Volume LIV, Issue 12651, 11 January 1927, Page 8

RELUCTANT WITNESS

REFUSED TO ENTER BOX ATTEMPTED MURDER CHARGE UNUSUAL EVIDENCE Per Press Association. STRATFORD, January 10. Stanley Emerson Garlyle Taylor was charged at the Magistrate’s Court this morning with attempting to murder Jamos Farrelly, at Tungarakau, on November 14th. i Dr. Steven, in evidence, said that Farrelly could not be understood on admission to the hospital owing to a swelling of the tongue, which was lacerated. His face was peppered with gunshot wounds, and the sight of his right eye was gone. Farrelly, called by the prosecution, refused to go into the witness-box and give evidence. The magistrate told Farrelly that he need not answer questions iiable to incriminate him. He refused to reply to the detective when asked if he had any other reason for refusing to give evidence. Thomas McDonald said that Taylor asked for a gun, as Farrelly waa trying to tie him up. Davis came along with a gun, and Taylor chased Farrelly over a fence. When some distance away he heard a shot fired. Daniel John Davis, neighbour of accused, said that he had seen Farrelly crouched near a tree. Later accused crept towards Taylor’s trapshed and returned to the tree. Taylor spoko to Farrelly, and afterwards said to Davis: “Bring that gun out and I’ll frighten the .”

Davis said that when he gave the gun to Taylor there werJ two cartridges in it. He saw McDonald, who said that something should be done to get Farrelly shifted. Taylor said: Farrelly is -up in that fern over there. Watch while I go across and give him a fright. ON THE GROUND Taylor went away and witness later went over to within a few yards of him. Taylor was standing on a ridge with a gun in his hands, near where Farrelly was found. Witness did not hear any shot. In repjy to Detective Meiklejohn, Davis said that his hearing was quite normal. Ho asked Taylor where Farrelly was, and Taylor said: “He is lying there. I’ve shot him.” Witness had gone over to help Taylor to secure Farrelly and hand him over to the police for threatening behaviour. Taylor said: “I was firing over his head to frighten him, and I hit him in the face.” Farrelly was taken to Taylor’s house and the police were called in. At a later stage Farrellv was recalled, but again refused to give evidence. The magistrate pointed out to Farrelly that he could be committed to gaol until ho gave evidence, failing which he could be kept in gaol for ever. FARRELLY YIELDS The court was adjourned for a few. minutes to allow Farrellv to 'consult his friends, and on the resumption he gnve evidence freely. In his evidence Farrelly said that he went to Taylor’s to get breakfast. They had words about the breakfast, which Taylor didn’t want to give him. During the argument ho had picked up a dog chain and Taylor ran away. When Taylor called for the gun witness got away as quickly as possible. He was lying on the hill when Taylor came up with the gun. Taylor said: “Come out of it.” But witness said : “Not ns a prisoner.” The next thing that Farrellv knew he was shot. A plea of not guilty was entered and the defence reserved. Accused was committed for trial at the next sitting of the Supreme Court at New Plymouth.

From information available earlier, it appears that Farrelly had been wandering about the district for some time; "that settlers in the locality, especially women, were afraid of him. It is alleged when he went to Taylor’s place trouble ensued, and that lie returned again, and threatened to tie Taylor up. It was then .that the shooting is alleged to have occurred.