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FIGHT ON STEAMER

EVIDENCE IN LOWER COURT. BTade v. a Piece of 4x2. In addition to the murder charge preferred against Shutes, he was arraigned on two charges of assault/ one allegedly committed on Frederick James Sands, licensee of the City Hotel, the other on Oscar Arthur Jenson, first engineer on the West Islip, with intent to do grievous bodily harm. He was represented on Monday by Lawyer McVeagh, while Crown Prosecutor Meredith, with him Chief Detective Cummings, were on deck for the police. Magistrate 'Poynton was on the Bench. The evidence was taken owing to the departure of the West Islip the following day, and most of the witnesses were members of the crew, while the evidence of two members of the crew of the Mamari, which also left on Tuesday, was taken m connection with the assault on Sands, which at the same time had a 1 direct bearing, on the murder. Counsel decided lhat the evidence should serve m both charges, Lawyer McVeagh reserving the right to object to any evidence which might be called, it hiving been stated that the Crown wished to prove system on the part of the accused m the use of his knife. KILPATRICK'S ADVENTURES.' Malcolm Nicolson Kilpatrick .was the firstfinwitness called. He' stated that he Y as a native of Glasgow and a greaser on the Home liner Mamari. He outlined his movements on the day of the tragedy from the afternoon when he first came ashore from the ship till the hour at which he was arrested as a suspect. In the meantime he appeared to have had a pretty "wet" time and he took ashore with him the sum of £3 10s. In the afternoon he met an old friend, and they did a round of the pubs, ending up at the Workingmen's Club, and going thence to the bach of his companion. From there he went to the ship, but returned to the city some time m the evening with a mate, going to the Club Hotel, where his friend wanted to see about a man who had died. It was while m this hotel, and after a couple of drinks had been supplied, that Shutesfirst came on the scene. He was then apparently under the influence of liquor, and as he was making a noise he was warned by the licensee that he would have to be quiet or leave the hotel. ■ ■ When there was prospect o£ trouble the Scotsman made his exit and did not know what happened after he left, but he met the accused outside the hotel immediately afterwards. Then they went to another hotel, which turned out to be the Aurora. They went up to one of the bedrooms there, and he went down to a bar and brought back two bottles of beer. These he and his Yankee f rienTd consumed, and the latter left, as Kilpatrick assumed, to get more liquor. He heard a scuffle and he thought it would be, best to "beat it," which he did' quick and lively, as it occurred to him that there might have been a police raid on and he wished to steer clear of trouble. He did not see the accused again that night, and saw nothing of any fight as he , went along the passage. . ■'''■' Kilpatrick was cross-examined at great length and m minute detail by Lawyer McVeagh as^ to his movements and when he was at each place at different times of the day. A KNIFE APPEARS. Frederick Stetton, who accompanied Kilpatrick to the City Hotel, gave corroborative evidence of events up to the time that Kilpatrick left the ho,tel. Carrying on the story, he said that when the licensee came up to Shutes, he told Shutes to make less noise or he would have to be put out. Accused asked who was going to put him out, and with that Sands said he would, and offered him his 3s back, asking him to leave the hotel. Shutes then went into a corner of the room, and witness saw him next with an openknife m his hand. He said, "I don't care a damn for anybody m the house." With that witness called out, "Boss, here's a man here going to use a knife." The accused then put his weapon m his pocket, but he did not close it. Shortly afterwards he left the hotel, and witness did riot see him again. The story told by Oscar Arthur Jenson, first engineer on the West Islip, was that when he went into the firemen's messroom about 11 p.m.' on Friday he found the accused there m a very excited mood. Here the witness, m the purest Yankee drawl, announc-

ed that before the matter went any further he wished to state that he did not intend to prefer any further charges against this man, Mr. Shutes. However, he was politely informed that he was not doing so, that he' was there as a police witness, and that the police were doing the preferring of the' charges; so thereafter he went on with his evidence more freely. He said that the accused had used language to him and had insulted him m a manner he did not care to swallow, about ;ome of the working conditions of the ship, and he promptly informed the accused that the best place to settle a matter of that sort was not on the ship but on the dock. Witness went into the alleyway, where the accused followed him, and the argument proceeded. 1 ENGINEER HITS OUT. Just then witness saw a piece of steel flashing m the hand of the accused, and thought it would be .better for] him to make away to the deck, evidently deeming discretion the bet- ! ter part of valor. Accused followed him on deck, and there was a scuffle m which witness got a jab on the cheek and ear with the piece of steel. The engineer then, m self defence, got hold of a piece of 4 x 2 about sft long, and with that he hit the accused three or- four times, over the head. That was the. cause of the condition of the accused that day. He would do the same to anyone else who said, "you son of a bitch, I'll kill you," as the accused said to him. When he saw that the accused was knocked out he went and asked the steward to clear up the mess, also to take a supply of bandages and some iodine and administer to the wounded. Mr. McVeagh: You would hit him very hard, I suppose? — I did. That was what cut his head, was it? — I imagine it would cut his head or anybody else's head. Was the man drunk? — He was not so drunk that he did not know what he was doing. Did you warn him before you struck him? — I warned him with a 4 x 2. Did you then see what you had done? — I looked at him. What did you see? — I saw a cut on the head. Did you think you had killed him?— I thought I had. Mr, Meredith: "When you saw him with the steel you did your best to get away? — That's me all over. KEENNESS OF A RAZOR. Witness was shown a knife, which he said he could not identify as the niece of steel that the accused had m his hand. It was a bone-handled jack knife, with a very pointed blade and sharpened absolutely to razor keenness. Further evidence of a generally corroborative nature was given by several other members of the crew as to the dispute and the using of a knife by the accused. One man said he saw the knife and knocked it under the accused's bunk; another that when Shutes returned to the ship on Friday he said he had been m a fight ■ m town and that he had lost his cap. Pie held his knife m his hand, and, looking at it, he said: "I do not see any blood on it. I think I ripped somebody up town." Two witnesses spoke to the very orderly behavior of the accused when sober. He was ordinarily a very peaceful man and did his work very well indeed. His conduct, was really exemplary wlien he was sober. Accused was committed to the Supreme Court for trial on the charge of having assaulted Jenson, a plea of not guilty being entered. The hearing of the assault charge on Sands and the remainder of the evidence m the murder charge was adjourned for eight days.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NZTR19241018.2.51

Bibliographic details

NZ Truth, Issue 968, 18 October 1924, Page 7

Word Count
1,441

FIGHT ON STEAMER NZ Truth, Issue 968, 18 October 1924, Page 7

FIGHT ON STEAMER NZ Truth, Issue 968, 18 October 1924, Page 7

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