TERRIBLE TOBIAS.

NZ Truth, Issue 180, 28 November 1908, Page 6

TERRIBLE TOBIAS.

MURDEROUS INTENTIONS OF A MANIAC.

Miller the Masterton Monster

Sent to Prison -for -'Seven Years

On Friday week at the Wellington Supreme Court, before his Honor Mr Justice Cooper and a jury of twelve, Tobias Miller, a canvasser, was arraigned on a charge of having attempted to murder Ernest Hight, a sheep-shearing expert,, at Masterton, on September 8. There were two counts . to the indictment, charging accused with having lired a loaded revolver at Hight with intent to do bodily harm, and assault so as to cause actual bodily harm.

Mr Myers prosecuted on behalf of the Crown.

Prisoner, who was defended by Mr Wilford, pleaded not guilty.

Robert Henry Carpenter, a boarder at Mrs Miller's, stated that he and prosecutor saw Miller, on the ni&ht of the occurrence, outside the house, and said to, him, "Is that you Miller ? Come out of that ?" and, later, "What do 3'ou mean by hanging about and frightening the children." 'Miller did not reply,- but, turning round, held up something

WHICH RESEMBLED A REVOLVER. Both stepped off the fence as'Milleijjjfired point blank at them. HljrJit, the prosecutor, said that he was hit.

Mr Wilford cross-examined witness at considerable length. He denied that there was any undue familiarity between Hight and Mrs Miller.

Dr. Wm. .Stewart Ross, stated taat ho examined Hisht and found a bullet midway . between the wound and tlic spine. The bullet first struck a truss Ri&ht was wearing, otherwise it would haye v entered the abdomen, probably "with fatal results.

Ernest Hight, prosecutor gave evidence, and stated that he had remonstrated; with Miller at tiroes for the language he had used to Mrs MSler.

Mr Wilford crossrexamined the witness on ' .

HIS RELATIONS WITH MRS MILLER.

Witness said he could not give any possible reason why Miller shot him. Constable Doyle, m giving evidence of arrest, stated that Mdll-iv m lei'ly to Ser&t. Miller's uuesii n, "You shot Right ?" answesetf, "Is be dead ?" The Sergeant saitl, "iio, not dead." lar said, "I am sorry," an-d-cn 'the way .to tlie station ag-ain expressed sorrow that liight was not dead, and said, "\'ou can string me up ii you iu.e."

Se%t. Mil.er giive similar evidence. In prisoner's bag at the Central Hotel, the Serjeant discovered letters, m which he pr-eme*ditated the act and complained of his wife's infidelity.

At the conclusion of the evidence of the evidence for the prosecution, Mr Wilford

TOBIAS MILLER,

tendered Miller as a witness on his own behaif.

V- Tobias Miller stated that.be came, to Now Zealand from V. allsend, New South Wales, twtnty years ago. His evidence went to . show that he considered Mrs Miller treatrd Hi.s,'ht with greater coriKideratkn than she did him (Miller) and ho resented it.- He watched the pair but had

NEVER FOUND THEM IN "FLAGRANTE DELIOTO."

Aftsr the shooting affair, he intended to shoot himself, but was arrested before he could do so. He declared that his mind was a perfect blank at the time of the shooting.

the jury, after an absence of about an hour and a-quarter, returned with a verdict of ''guilty," wilh a strong recommendation to mercy on the ground that he had been, given provocation.

His Honor said' : Prisoner has been found guilty of attempting ■ to . -murder, and letters found on him show that serious known to the law. Prisoner has been found guilty of attempting to murder, and letters found on him show that he contemplated committing suicide and also contemplated murdering his wife, and his acts showed that he contemplated killing Hifht. No doubt he had 5 delusion. I think it is only risht to say m reference to his wife that the evidence satisfies me that so far as pri. oner was concerned he had a delusion. I think she is a woman of good character, against whom no reflection can be properly cast. I say that m justice to Mrs Miller. In the evidence there was iio-thina,—except-ing prisoner's bare statement— which tended to cast any discredit on

MRS MILLER'S MORAL CHARACTER. That prisoner was possessed of a belief —an, unfounded belief— in his wife's unfaithfulness was no doubt the csii There was no doubt he intended to IT- 1 Hiaht, and had the shot not strupk a truss Hight -was wearing at the time, I cannot see how anything- would have saved prisoner from the last sentence." He regretted very much to see a man .of prisoner's ' a'bilitv m his present position —which, he had' no doubt, was due to drink and probably, to drugs as "welU He could not impose a less sentence than seven years' hard labor.