WEBSTER'S WORRIES.

NZ Truth, Issue 181, 5 December 1908, Page 5

WEBSTER'S WORRIES.

A DRAMA OF DOUR DUNEDIN.

A Charge of Attempted Murder.

Reduced to Common Assault.

The matrimonial miseries of John Webster and his wife have occupied the.attention of the Dunedin Courts on several occasions of late. John placed the little gold ring on the girl of his heart some nine years ago, and a coupje of young olive branches happened along m due course to bless the legally united couple. But John proved to be anything ' but an ideal hubby and eventually, early m thei present year, his wife could* stand him no loriger and secured a judicial separation from him. This infuriated John and he used terrifying 'threats to his wife to endeavor to get her to return to him and share the connubial couch. , After the way she had been treated, however, Airs Webstei had no time for hiror at. all, ■ and m July she was forced m seH-clelence to take. him to Court and get him bound over 'to keep the peace. This preyed on Webster's mind and the outcome was disastrous. He made a will, leaving all he had— which wasp 't. much— to 1 two friends on behalf of his children and declaring that his wife, "whom 1 love so much," was driving, him to distraction. Then he bought a new sixchambered revolver ■ AND PROCEEDED TO GET BL'SXThe sequel was seen m the Dunedin Supreme" Co ii r fc, when Webster was . indicjfced on i the charge tthatt t on August MO, at Dunedin, ;he did attempt ; to murder > Maria Webster, his. wife. There were two ptner counts, one with having attempted to/do . hrs wife grievous bodily > harm by tempting to discharge a revolver at. her and the other with committing a common' assault on Maria. " : , ' Accused pleaded not.. guilty, an-d was defended by Lawyers Hanlon and Moore. Mr Macassey prosecuted for the Grown. From the evidence adduced it seems that about 7.30 on' the night ofi the date mentioned, Webster went to the house oi a man named John Downes, and there asked for his (Webster's) wife. Webstei had over the telephone threatened to shoot Mrs Downes, and Downes said it was dangerous. Webster then said, "Tell my wife to come out and 1 will shoot them both." Accused's wife afterwards went to the door and was invited out but she declined on, the score of a headache. A scream was next heard. Webster followed his" wife inside and drew a revolver which Downes grabbed and pulled over Webster's shoulder.' Webster said to his wife that -he was going to shoot. In the drajving-room another scene was enacted, and Downes wished to relieve the accused of his six-shooter, but he wanted to go out, and threatened that if ' he was not allowed to go he would blow Downes' brains outr" . ■ x Evidence'- of threats' by Webster to shoot his wife was also given. . Lawyer Hanlon cross-examined Mrs Downes to show that at one period ot the scuffle accused was m the drawingroom with both arms free, standing with, m a few feet of his Wife andy holding the revolver. He did not shoot her then. . Mr Hanlon : Here's a man standing with a loaded revolver and he only had Co pull the trigger and he could have : SHOT HIS; WIPE DJUAD. But he didn't do anything of the /kind. Why, he c6uld have shot you all dead if he'd wanted to. , • ' ■ ■ Witness : .Oh, "I don't know so much a*bout that. I don't know that he could have. done. y.V , , Mr Hanlon : After he had shot one or ! 'iwo of you the 'others would get away. , Further (.questioned, witness said accused put the gun m his pocket after he went into the passage. • George Hubbard, cousin' of » Mrs Webster, went m search of accused on the night of. August, 20, m consequence, oS what Downes had told him. He found Webster and taxed him with having lirearms about him, which was denied. Witness said, he should search him, whereupon accused pulled out the revolver. Witness knocked his hand and the bullet went between his (witness's) legs. '■ witness threw accused to the ground, and the revolver ,went off again, ' the flash burning witness's face. Witness said : "You would shoot me, would you 7" Webster replied: "I wish I had- and myseit after." Witness called out to his brother on the opposite side of the road, and ho came over and took the gun from accused. The revolver did not fall from accused's hand when he was thrown. James Hubbard bore out brother George's statement. Constable- O'Connor, who arrested accused after the ' set-to with Hubbard, ■found five chambers of 4 the revolver loaded ; there was an empty cartridge m the sixth. v '.-..'■ When charged (by Sergeant Gilbert, Webster said : "You know my trouble, Sergeant." He ttien handed the Sergeant an envelope containing the will he bad made and burst out crying. Lawyer Hanlon did not call any . witnesses but made a great speech to the jury on behalf of Webster. He said the case had so broken down that it was not necessary , for him to refer; to the evidence. The fact that there were so many counts m the indicttnent .was an evidence of the weakness of the case and it showed that those who prepared it were by no means satisfied that the'major charge could be sustained. . IT WAS A HUGE DROP ' fxom attempted' murder down to common assault. Although accused had threaten•d to kill his wife and had amplle opportunity of shooting her On the night m question, he 'had > not done so, and that showed that he had merely attempted to intimidate her to return to him and live with him again. He had threatened his wife over and over again, but it was all talk anil no action. The friends witih whom Mrs Webster was living, knew that well enough, or they would never have allowed accused to see his wife when he went to the house and asked for her. After half an hour's absence the jury returned a verdict of guilty on the third count—that of common assault. Sentence was deferred, and on the following day Webster was further indicted that he attempted to murder George Hubbard ; there \ was a second count of attempting to do grievous bodily harm to Hubbard, by unlawfully discharging a revolver at him. . ... . The jury being empanelled, Mr Macassey said he did not intend to call any evidenoe. Judge Williams: I thought so. The case, acsording to the depositions, is considerably weaker than the other one. It would be very difficult to get a conviction,. The jury accordingly returned a verdict of not guilty. Dealing with the charge on which accused* had been convicted, His Honor asked how old' accused was. Webster replied that he was thirty-two, but he LOOKED YEARS OLDER IN THE DOCK. Of course, the worry and mental storm might have had a lot to do with that. Mr Macassey added that accused was a native of Scotland and had been m Dunedin since 1885. There was nothing known against, him apart from the present case. In pleading for , leniency ', Lawyer Hanlon pointed out that accused had been m gaol for fourteen weeks. He suggested that Webster be ordered to enter into a bond to leave Dunedin for a year' or so, which would keep him away frdp his wife. Accused was wi.. ing to go away. The Judge agreed with this. He said : "That is possibly the best way to deal with you; I take into consideration the fact mat you have' been fourteen wteKs m gaol. That probably will be sufficient punishment for the assault you have committed on your wife, but i must see that she runs no risk. 1 shall not pass sentence on you now. ipu will lie released, but you wiU come up for sentence when called upon. If you leave Dune'lin at once and stay away for a year you will not be called upon to come up for sentence and no sentence will, be passed. But -haviiitr left Dunedin, if' you return vM'>vi ;i rear, you will be brought up tor j i sentence."