ACCUSED ACQUITTED

Poverty Bay Herald, Volume LX, Issue 18025, 28 February 1933, Page 7

ACCUSED ACQUITTED

WEST COAST SHOOTING SERIOUS .CHARGES FAIL (Per Press Association.) GREYMOUTH, last night. In the Supreme Court, before Mr. Justice Reed, William George Muir, of Ross, 38, was tried on a charge that at Boss on September 9, 1932, he attempted to murder Athol Crowe Potter, 39; that with intent to do grievous harm he wounded Potter; that he assaulted Potter so as to cause actual bodily harm, and that he caused actual bodily harm in such circumstances that, if Potter’s death had occurred, the accused would have been guilty of manslaughter. Potter gave evidence that he was prospecting with Charles Highet at Totara, lie went to Ross on the night of September 7 and got his belongings into a “bach” about 11 p.m. Then he-went to the Commercial Hotel, Highet being with him. The accused came in later and each had three drinks and left the hotel about midnight. While in the hotel witness arranged to go with the accused to inspect a reef. The accused went with them to have a look at the “bach.”' They went inside. Muir accused witness of keeping something from Ins mate Highet, but would not say what. Witness ordered him out. Muir returned 10 minutes later and called witness out, but he told Muir to go borne. A'itness went cut on the verandah, followed by Highet.

The accused asked him to go on the road as they could not talk confidentially n front of Highet. When they got on the road Muir again alleged that witness was keeping something from Highet. Witness told him to go home or he would kick him. Muir ran across to a fence and stopped as though to pick something up. .Witness \could '.'pot see what, but heard the crack of a rifle come from where Muir was, and then realised that he had been shot in the side; Witness at the time was absolutely. sure Muir shot him. They were all sooer. , Highet gave corroborative evidence.

Constable Crowley, of Ross, detailed the arrest and the securing of Muir’s rifle and ammunition, also his denial that the rifle had been used for some time.

Henry Reed, of lloss, gave evidence that, ho heard from nis bedroom voices at the “bach," one replying to a query from the "bach" that it was "George Muir." Later he heard a shot and looking through his bedroom window he saw the accused inside the fence of the "bach.” He could not say if the accused had a gun, 'but saw him later go away. For the defence, Mr. Sellers urged entire absence of proof of any motive. " The jury returned a verdict of not gui'v on ail counts.