BULLETS IN THE AIR!

NZ Truth, Issue 128, 30 November 1907, Page 5

BULLETS IN THE AIR!

A WILD TIME IN WtNGFIELD-STREET.

Are the Suiiths Respectable ?

Charge ©i Attempted Murder Reduced to Common Assault.

The atmosphere of Arizona and the gun-drawing reputation of Dawson City were imported to Wellington on the night of October 10, when a partially bald person with a red moustache, named James McAllion, discharged a revolver m a promiscuous fashion m the vicinity of an abode which tiis beer-inflamed intellect told him was a house of ill-fame. Thomas Jackson Smith, whom McAllion was t»liai'getl with attempting •to murder,' is the legal protector of Mrs Smith, whose h©nor was violently aspersed m the Supreme Court, and he gave the Drincipal evidence for the Crown. McAllioa and a mate named Parkhouse had been on a 'moderate razzle since 6.30 p.m., and assembled m front of Smith's unsanctified premises, No. 3,, Wingfipld-street, for purposes of immorality. Parkhouse, who 'was so rlrunk as not to know .whether a man or woman came to the. door,, knocked for admission, with discour-, aging results.- When Smith came lorne 1 between 9. 3o and 10, 'mv 'com)any with Ben Morse, a boarder ,'/ he jaw nothing of the pair, but ' Hater they made their obno?i»us ' presence felt. McAllion and Parkhouse were rowing at the gate,' when Smith went Dut and asked them to vanish:- The anplea^ant persons refused to budge, md as Smith turned to go into the house McAllion . discharged a revolver, which spat out a bullet close to the terrified Smith's feet, and that indiyiiual acknowledged that his retreat to the. house was rapid, not to say swift. As' he went the firearm belchod out another pellet, and Smith felt ixt'pmely oM^ed to Morse when the boarrter opened the door and let him m. Then Jvpn more shots were fired, and Ipavjmr Mrs Smith cowering ori !:he precise 1 ?, the male persons climbsd the back fence and stumbled pyer rear-va'-d obstacles to Mol'pswbrthstreet, where a bobby was picked u*p. Even as they fled Smith heard two worfi shots fired, and the scene resembled , ,

A ONtf-STDTCD WATERLOO on a small scale. As it was subsequently shown that only three .. cartridges had been emptied, the multiplication of reports heard by Smith ' described by counsel for the de.ence as a gross exaggeration due to funk. .:

Mr Wilford's cross-examination elicited the fact that since the disastrous occurrence had got into < the oapers Smith and wife had shifted to the Hutt. Smith denied that . MeAlLion had been m the house on the previous night, nor on the same ' after-, noon, and he repudiated with ■ scorn the allegation that he had had a row with Ms missus about the Ts-Gd^she charged McAllion for favors received. He was m a state of , complete ig>norance concerning a girl named "Qissy" or "Tassie" ; but the .- lady whom he called his wife really was his .egal spouse. He certainly did work occasionally and wasn't living on the, oroceeds .of his wife's kindness . to strangers, nor was his house a resort where sailors did congregate and sin. He didn't know a- charmer named Vliss Florence. Smith was lost to sud a reason why McAllion and Parkaouse should desire to come into his nlace, and they didn't remark to him that they thought He was a bludger.

Mr Myers : The suggestion is that pou are not .married. How long have fou been married ?— Twelve months.

It is also suggested that your house aas been kept as a brothel ; is there any truth m that ?— No, there is 4 not,

Mrs Smith, who gave the name of Rachel, is a richly-dressed woman with a radiant pallor: She saw two lien outside prior to the shooting, n'nfl one of than knocked at the door i'jVT as-'ed for a lady named "Tes--17." i Q h«i told the man that no' woiv'an lived there bar herself. She depiod any knowledge of the hateful 7s B'd.

'George Alexander Parkhouse, the neison who knocked at the 'door, acknowledged that he was extreme\v dnmk nt the time. He only heard three shots fired, and he swore that th-°se were discharged into the -round by McAllion. He came there \n Mack's invitation, to do somering of which J. J. North disayroves. Th^ evidence of bobbies Gallagher jind Ptcnhens and 'Tec. Broberg went to show th-it McAllion

HAD THE REVOLVER IN HIS POSSESSION

tvh"n a 'rested. Three bullets had )een discharged, and two cartridges tvaf] missed fire, proving conclusiye-

"'.'"in -the aTwnce ot further ammunition, that ihree shots only had jteii- f'red. One bullet marie was ioun'l near, the hinges m the. framework r>f th» door, and another, bullet ha-i entered the keyhole, shattering t^e wards of the key and burstinc into four pieces the lock.

■Barrister WilFord, m opening the ■ax?.? for the d?fei;cf\ stated that McAlHon admitted firing three shots only. Ccmsrl was about tc' proceed with an outline of his case, \yhen he :<»roavVed that it would be better for their own *aYes it the ladies m the

>il"ry wore to retire. The ladies, r>f whom ther* wpre a number, were ibsohitelv 'Vaf +o this extremely ijrwi Hnt. Mr Wilford appealed to MFs Honor to pfWt a clearance, and Tud'-" oo"?r "?id h* 1 - could not com---•1 the ]"dio<3 to rHire. He. bower, enjoined, "Any respectable women "^ho rro ii7is'-afr<! wnll please ■ Pil v(« 4 >-e Co"rt." His Honor put ■labf^ra+o rnrli' 1 ?i c ; on the "rnspect■ible " nf^ ffflllory was cleavod irpt'mtor. rmir^''s remarks were •iot so 1 "" n." nn+irinatpd, but ho ■••nIV' 1 ? T "A''i°n.- who appears to be o r'ictim of b "<»'•. vornnn. and- a. North T.. P i«rfl •»nrr>T«pr?mf i nt. Hie has nn\v r ' p^ '" own coimtrv a--.nn.t •■}? •"(v r >ii'K. ('nrinn; Tioarly the jv^o'p p f v^'i^i' "iM-iod he has boen j,. n ,.i-^n»r fnr ti-r» '"'iiriiciTiplitv m t-bc ■-'.v^npT-stv.p-i- funT^v. Me Alton's ac- .,, } a f ,triri'"r« T i<h ' Smi+h dntnd "rom + ' m - " Vp^ ! "T prior to tbfi'sboot'n<r. "■b'"i I*p vj^jtpri tbp bmiRP m •orn"n" T ' " M '-'b iriotJinr bonrdor. Tb" w^ r>|pasnnt. but ro^lv.' \T e M] ; or> ('n''^'-"d a ■cnw»iVn nnd 7« r d pbartrf. ?Ti«; lustful nrpetilc was unappeased on tlifi fol-

lowing day, when he again . VISITED THE UNVIRTUOUS • DOMICILE m the afternoon and parted up another 7s 6d. McAllion, whose wife is even 1 now on her way out' from the most distressful country, decided to make the best of his opportunities, and contracted to meet the lydy on the same night m company with his friend ParMiouse. Meantime beer I intervened, and when Smith, who called himself proprietor of the establishment, shoved Parkhouse off the premises with violence, McAllion discharged his revolver to frighten the proprietor. If he wanted to hit Smith it was the easiest thing m the world. j

In reply to Mr Myers,' McAllion said he had had the death-dealing implement three months, and had taken it from a drunken young fellow on the wharf who might have ■ done some harm with' it. There were five cartridges, and' three shots only ; were fired, and the night m question was the only occasion when McAllion had parried the shooting iron since it had come into his possession. He took it out to give or sell it to a casual stranger, whom he met m the pub, and who was going up country, where pigs and other animals Ho abound m large numbers. McAllion said he desired to frighten Smith because he HAD HEARD TELL J3F BLUDGERS both m the Old Country and m New Zealand, and he wasn't going to take any chances. .

The addresses of counsel and the learned Judge's summing up dealt with the propriety of rejecting the major count of attempted murder, and the jury, after a short withdrawal, returned a verdict of guilty of common assault only.

In sentencing McAllioni his Honor said the maximum ■: penalty for common assault was twelve months only but he owed a duty to the., community, and by discharging a firearm at the- house and keyhole, accused had been guilty of an outrage on property and upon civilisation. v He would 'take into consideration the fact that McAllion had spent some little time dn gaol since his com-mital . and would sentence him to imprisonment for nine months..