SHOOTING THROUGH A WINDOW

Otago Daily Times, Issue 14442, 8 February 1909, Page 5

SHOOTING THROUGH A WINDOW

ALLEGED INTIMIDATION. (From Our Ows Corhestoxdent.) INYERCARGILL, February 7. The incident reported last week of a shot having been fired through the bedraoin window of a busliman's house at Riniu was investigated at the Police Court on Friday and Saturday before Mr G. Craicksbank, S;M. James Dowling Arthur lnsall, and Herbert Hibb« wevo charged with having at Rimu, about five minutes after midnight, on January 3, alarmed cue WilUam Poll' by discharging firearms with intent to intimidate him, tin) said William Pod' being then in his dwelling house. The evidence of Wm Puff was that on tho night in quwtion ho was awakened by his dug barking excitedly. Almost immediately afterwards he saw a shadow on tho window, and heard a shot fired. The charge came through the window, and struck a picture which hung on the wall opposite, immediately above the bed. lie got up at once, and, followed by his wife, went to the front door. It waft a clear night, and be saw three men turning out of the gate. These, men he recognised as Hie three accused. One of them, Hibbs, was carrying a gun. They went away in the direction of Hihbs's place, going by way of the tramway. Witness and his wife followed them to Hibbs's house, a distance of from eight to ten chain. Tho three men went into the house, and he and his wife watched I hem—he from a distance of a chain, and his wife from a distance of about half a chain. He relumed home', and afterwards drove with his wife and family to Invercargill, arriving there' at about a, quarter past

3. Ho went to Invercargill because his wife was afraid to remain at his home, and partly because he thought it was about time the men were brought to their bearings. Ho reported the mailer tc the police. Taliviug to him about a. previous case, in which he and the accused were concerned, lnsail had said to him, "It's all past now; it was only a joke, and we meant- no harm." Later on Insall said: ''Next time yon might get a bigger fright. We might conic with a gun." When witness wont back to the house ho found the glass on the picture broken, and pieces of paper which had been discharged from the gun were lying scattered about the room. Jte did not move anything whatsoever in the room before the police arrived.

Tho evidence was corroborated by Mrs Poll'; i',nd Detective Cameron, who conducted the prosecution, gave evidence as to bis investigation of the matter. Two footmarks discovered out-side Polf's window corresponded with Bowling's working boots, ani'j Howling had two brcechload" ing guns in bis hut.

The defence was an alibi in the case of tall and Hibbs, and a denial of ever being near Poll's by Howling. The evidence was to the "effect that the three defendants had had been shifting sheds at a neighbour's p!ate til! about C J o'clock, when they went home. .Mrs Hibbs and Mrs Insall swore that their rospectivo husbands wont tc bed about 9 I'clock, and (lit! not go out till the following inorniii". Howling said that he had cycled to town on the Saturday afternoon," and for that reason he wore light boots, and he did not change them in the evening. lie did not have his working boots ou from the time he knocked off work on Friday night till be stalled work again on Tuesday morning. Jle had used one of the gun's for rabbit .-hooting on Friday evening, and the other on Saturday morning. It was his habit to frequently go shootinc The three defendants characterised the Pod's' story about having seen them at llibbs's place as absolutely- false. 'J'hev Slid that they had talked the matter over, and had conic to the opinion that Poff was " a champion liar." The Magistrate 6a id that there must be a nest of liars out at Ptitmi, but whether most, of them were on the side of the prosecution or on '.lie side of the defence Ujis more than he could say. The question as to which of the two sides could be believed \va.<\ to his mind, a question for a jury. Accused were, therefore, committed for trial at the next sitting of the Stij.i-c-me Court in Invercargill. They were admitted to bail-each on his own recognisance of £50, and one surety of