DEVOIN'S DREADFUL DEED

NZ Truth, Issue 568, 6 May 1916, Page 3

DEVOIN'S DREADFUL DEED

CHARGED WITH ATTEMPTS AT iICIM AND MURDER LOUISA WpS CASE SAID JO BE HOPCLKS I A Mlet Imbedded m Oevoin's Brain Evidence Sli|wed that ,he was a Married Man— Mr. Wilfwd's 1 Statement: Devoin's Parents had Committed Suicide

The long- deferred trial of Ernest Charles Jewell Devoid was commenced at the Magistrate's uplift, Wellington, on Wednesday, lS hef6re ! Mr. WV.G. RiddeU, S.M. '-. ■ ■■*;.:;:%( ;- : ji ■ „ % -. ; ■ ■ Inspector Hehdreyj : i: prosecuted and the accused, wfipj ylooked i hone the worse for the ordeal, though somewhat unkempt, W^as -represented by Mr. T. M. Wilford (instructed by Messrs. Perry and Linlater);/ Accused was charged (1) : That he did attempt to commit suicide, and (2), that he did attempt to- murder one Louisa White, by; shooting, her on the Bight of ■■Mat-ch^75191.6,-^£ Bertram Frederick i Alcjfced, medical practitioner,, of '{the Public Hospital, was the first wlttt"e;ss and Jjsaid/ that he knew the accused" as a patient of his institution. He also knew Louisa ■ iWhitev! they, were both admitted on the night -pf March 27 at about 11 o'clock. Inspector Hendrey:; What was the accused suffering', from 3r— .. i rHE WAS $WC(|IS;SeiOUS » when; admitted and 'was" m a very ; ■weak? state arid was buffering from a r wound' on the;^rlght temple -which was ' bleeding. He /regained consciousness. on th| morning 6f>the 28th and com- i plained, of suffering from some pain,^ but d|d hot seem to be m, danger. ," What was the 1 wouiad ciused by ?— ; A bullet (here the;, revolver— -a small-isffair~-and some cartridges were, pro-i duced). He was subsequently exam-; Jned iSjith the^X Raiysvby Dr. Baxter; *ndttie bullet was^oeated m two frag-;; taen&t. ' .'■■'■' : :' J--:.^^ : ~- ■ :-■ . -:f Wl&re is the bullet ;i njow ?— lt. is stiU^ $n his' head. It is regarded to be m at .^ PART OP ,TPE BRAIN , ? vhere it 4 wili cause rip trouble at all^ He Continued 1 to progress and wasi •ventiially discharged;^ , .4 Could the wound have been self -v Inflicted ?^Yes. / ; ' . J With, regard to th© girl, what wasj her Cs»nditipn?p-The patient was suf -i* ferlng from severe shpck and extreme*; pa.Ua!) . radiating • rroni the abdomenij There was a complete. loss of move-*; inent;frpm the hips dpwnWard. There r was Taarniall wound slightly to the left; of tlie middle verttblj'ate line and. idfcbout the middle ' of J the back. ' .'& Was it below the Waist?— No, aboutthe level of. the lower edge of the shoulder blade. It v^as evident from the symptoms that the spinal cord had been severed. From that time on the patient haa : been gradually sinking, and owing to .the loss of sensation and the power of movement, it haa been Impossible to prevent large bed-sores from forming, and/the absorption of bad matter from them is causing her to become 'weaker aii**weaker. What -twould you say of her ' condi-< tlon?— I should say that her case is hop^essr'andln'thatf I am borne but by the medical" superintettderit. ' • Hero tJiQ black ; cloth jacket and tbe. tmder garments, were exhibited and the perforations explained by the witness. The white were stained with blood. Continuing, the Witness said that Bhe had been quite conscious up till lately, but during the last day or ao, ■he had ' . ': ',-. . , : ■■,-..;;'. , 4 BECOME SUGHTLY IRRATIONAL *It. is auite, impossible to bring her out of the hospital?-— Quite. ! v There is no doubt about the ultimate result? — None whatever; Dr. Clay, medical practitioner, said that he received a telephone message /on the night of thdi' ocourrenco and, m consequence, ho wbnt tq the Nairnstreet Reserve. He attended to the girl, who was lying on her bock. There

were a number of people about at the time. "She was m great agony and I discovered' that she was • paralysed m both legs," said the witness. "1 examined the man. He was lying: about three yards away from the woman, a little down hill. I found on examination some blood on the right side of the head and a small wound. I advised his removal to the hospital." Inspector Hendrey: The woman was conscious but in' pain?— Yes, the man was unconscious. What were the injuries caused by?— A bullet such as these (cartridges produced)..' . ! . .:. . William Joseph Buckley, clerk of the court, said, that he was present when the depositions of the injured woman /were taken at the hospital on March !j2B. They were taken after a warrant ;had been sworn against the accused vfor the:"•■■"•■■■■■' ' "•■■"•■■■■■' " "■; ■ ■ ■v ' iatteaepted murder op louisa ■■■■:"' . white. >Mr. "W;.''..G> : RidßeiV'^.M., took the depositions m the presence of his counsel ' (Mr. William Perry), Inspector Hendrey, Detective Andrews and himself. Here the depositions were put m. and, were to the effect "that she had known the accused for about two years. i She got her ring about two years ago:" Devoin .had been away from Wellington ; most of the time. Speaking of a visit which the accused, had paid tocher a week -or so before the alleged attempt to murder her, the girl said: "He came mby the 6 p.m. train from Palmerston North, I think, last Thursday, and went back l»y the 4 p.m. next day. He had a shop m Fpxton the last three weeks. He did not, drink, lam sure of it. When I saw him yesterday he was very worrieaV;^We-; v f ' ;: ". ./ ■ .■■/ ■ ■ WERE TO BEy MARRIED this next Thursday. He seemed to think that I had no confidence or faith m him, 'and his -words to me were that there" was only one alternative if I put him to one side. I said that I would not put him to one side m his trouble. He, said that to me m my mother's houße m the afternoon. We left ■ home at about 8.30 p.m., and went to the Nairn-street Reserve. vWe sat on the slope and it was very Wiha>. He said that if it was cold we would go ; home. I tfr<"K it was t about 9.30 », iit« <I got up to go home. I had nry back to him when he shot- me. I was calling for some time, then I heard someone; come . and ask what was the matter. I heard two reports. When I was shot I seemed to be thrown into the air. I never lost myself (meaning consciousness) for a moment. I only felt a numbness m my body. I saw the flash. His last words to me when I stood up^were, .'Well, com© on.' 1 'KNEW THAT HE HAD A ! REVOLVER, but I didn't know that he had it on him.7 ' ■":.'-■. •.■'..■_■■■■■ The Inspector: The witness was sworn and you administered the oath to her?— -I did, and after they were read over to her ehe signed them. . Joseph Henry Helliwell, secretary to tho Wellington. Gas Coy living at 61 Bid well -street, said that he remembered the night of March 27. He had Tieard a shot and screams. The Inspector: What time was it when ou- heard, the shot? — About twenty minutes to ten. I was sitting m the dining-room when I heard the shot,' accompanied by a loud scream. Two or three seconds later there was a second pistol shot I think yorr -went from your house to

the Nairn-street Reserves-did the screams continue**-— Yes. When I heard the reports I ran ,to the reserve. I heard the screams continue very loudly and someone calling for someone to come. I called out, "Someone is . coming. Where are you?" Did you get any reply?— "DOWN HERE, UNDER THE , . ■■* TREES." ; I went down the steep bank and saw a patch of white "and made for it and found that it was a girl. She was lying very close to a base oC a tree. I stooped down and asked her if she could tell me what had happened and she said that she had been shot " : . ' Here Mr. Wilford objected to any conversation which -had passed between • Miss White and witness, as his client was insensible at the time and could not -hear it. Witness, continuing, said, "In the dark I look-id around and found t'ae body of a man." ; The Inspector; Is it the man m the box?— l presume so. I haven't seen him since. I thought him dead. Is he the man who was attended by Dr. Clay?— Yes. - What happened then?— -We found the man with his head down the MIL There

was a small revolver lying close to his left hand, similar to this (produced). I took the revolver and laid it close to the stump of a tree. Did you give the revolver to anyone? —I pointed it out to the constable who ' '■' TOOK CHARGE OF IT. How far was accused from MTss White?— About 9 or 10 feet below her. ' What was the ground like?— Very steep — not less than an angle of 45 degrees. Mr. Wiiford: Is" the Reserve lit up or is "It dark?, — Totally dark. Is it fenced in?— lt ' is fenced, but there are gates at intervals by which you can get m. Is it not lit at all?— No, not inside, but you get a'certain amount of light from the tram line. Constable Alexander, Howard Barnes said that " he went to the scene of the tragedy on the night of " March 27 m consequence of a telephone message received at the police station, Mount Cook. When ho arrived at the Reserve he found the young woman suffering from a wound m the back and the accused, was bleeding from a bullet wound m the temple. Who was there? — Mr. Andrews, Mr. Ballantine, Mr. Helllwell, and Dr. Clay arrived shortly after. : V Did you accompany him to tho hobpital?—Yes. Here Mr. Wiiford objected to Via method of the Inspector m his exami- .: nation of the witnesses'. He contended ', that there was no need to go into such i minute details as the number of shells used, the position of the bodies, »*.ta That could be investigated at the Su- » preme Court. Eliza Skinner, wife of William Skinner, of 3 Devon-street, said that Miss White was her* daughter by a former husband. She had known the accused for about two and a half years. Inspector Hendrey: What was his position with regard to your daughter? HE WAS ENGAGED TO HER. How long was he engaged to your girl? — About two years. When was be at your home boforo the shooting?— On Wednesday, the 22nd. \ Where hnd he been living? — He was ] supposed to have corao from Palmerston N. Did be say where be had been working?—No^ I didn't have much to say to him as X didn't get on top well with him. Did he say where he was working?— He said that he had a business at Poxton. When was he to have married your daughter?— On the Thursday. Did he come to you? — Yes, he had arranged with my husband to go to Foxton and he was to take charge of his business while he (accused) was getting married. Did you see him on the night of the 27tb? — Yes, I saw him m Aro-street; he RAISED HIS HAT TO ME. What papers are these (producing several forma)? — They are the papers relating to the marriage and which my daughter filled m at his dictation. At the time you believed him to be a single man? — I didn't know that he was married. William Skinner, step-father of the

young woman, said : that- he had known the accused for about two years an-d that he was engaged; to his step^daughter. He was to have met the accused at Palmerston N., but Devoin did not keep the appointment and he had to return to Wellington. That was the I occasion "when witness was to.' have; 'managed Devoin's "business" at Foxton. . 1 Inspector , Hendrey: Did you ever 1 know the accused to carry 'a revolver or to be possessed of one? — No. . Robert Walter Stanley Batlantine, a draughtsman of , Bidwell -street, said he remembered the night of March 27. He heard TWO SHOTS AND THEN SCREAMS. They were more like the howling of a dog than screams. "Then we went out on to the verandah and heard the cries for help," said the witness. He went to the Reserve and, from what he heard he went back and telephoned for Uie poiice and a doctor. When he returned at a later period he saw a man and a woman being lifted into the ambulance van. Detective Arthur Edward Andrews produced the certificate of marriage between Ernest Charles Jewell tie Voin and Maria Bailey, which was drawn up on October 2, 1914, at the office of the Registrar, Auckland. Inspector Hendrey: Where is she— the Miss Bailey mentioned m the marriage certificate?— ln . Wellington — m the witnesses' room m this building. This ended the case and Mr. Wilford said that, on the evidence it looked as it it would be foolish to enter any plea other than one of guilty on the charge, of attempted suicide, but, for formal' reasons "he was going to plead not guilty to both charges on behalf of his client. He could amend his plea on the minor charge m the Supreme: Court and would be able to explain matters to the Bench' there and give his reasons. His idea was to have both charges heard at once. He contended that there was not a tittle of evidence to show that the accused had aimed a shot at THE UNFORTUNATE YOUNG; ; - WOMAN. l He produced letters -written by him to her and which breathed nothing but love and affection., The girl had not said that he had aimed at her. It was a question of whether he had fired so recklessly m his suicidal intention that he had shot the girl by accident. He had an awful history, both of his parents having •'committed i suicide. While matters were being settled up preparatory to sending Devoin to the Supreme Court, Mr. Wilford interrupted with, "Oh, one other thing. The accused complains that he cannot get any clean clothes. . He hps made rer quests for them but they have not been given to him. The police have a 'box of his. I want him m the. Supreme Court with his hair cut and a clean shirt on," said Mr. Wilford. "It does not GIVE A MAN A FAIR CHANCE if he comes into court m that state," said counsel indicating the unkempt accused. ..'-■•. : . : . t Devoin was. committed 'to take his trial at the Supreme Court, which commences on Monday next, May 8, bail being allowed m the sum tof £200 and two sureties of £200 eachA