Alleged Attempted Murder.

Thames Star, Volume XXXX, Issue 10499, 21 November 1902, Page 4

Alleged Attempted Murder.

THE MYRA. TAYLOR CASE.

By Telegraph.—Own Correspondent.)

. AUCKLAND, •November 20. I -wired you to-day .a resume of the evidence in the Myra Taylor shooting case, al&d the evidence. Mr; Martin, adkk&ssing the jury, reminded them that the point they were asked to decide was : whether the accused did actually attempt to commit murder. The statement that accused 1 said, "The day you marry is the day you die," was only supported by Wihel.an'® evidence, and he asked the jury whether he was a man.on I whctee evidence they could rely. He also pointed' to Whelan's career of sexual intercourse with, the accused,! and asked them not to convict her of suob a serious crime on the evidence^ of a man, of that character. -He commented upon: the accused's leisurely movements after the shooting, as 1 showing! that the thought off having' committed! a serious crime was not them in her mind. In regard to Detective Miller's evidence that accused ' said she intended to kill Whelan and then herself, this conversation was picked) out dP a long conversation ! given when accused was in & very '. agitated state, and must he taken j with, other! statements, a® for mii stance thie remark that if she wished Ito kill Wlhelan she could have done .so at the time. The shot was fired, ■while accused had her back to WEelan with her head' resting on his shoulder, and her wrist in Whdam's (grasp. ' Wiheilan's *eviden<oei showed that while ha grasped her wFist the reviver werojfc off. Waal thenfe: any ; evidence to show that she pulled the (trigger or that the revolver would i have gone off at all if Whelan hadl ' n<M caught her by the wrist? Was it ' more likely that her intention was to : shoot herself? Whelam was a man whom she had: loved, for whom she , hadl lost home, and children, and hWI band. She was. in his arms, her . head was in his shoulder, and' the facts were all consistent with, her mii tention to shoot herself and not him.

HIS HONOR'S SUMMING UP

His 'Honor said the distressed state of thie accused about the time of the shooting wias evident. She had not :oraJy.been deserted! by this man 1, with whom she had been carrying on immoral conduct, but also by her own husband, on account, apparently, of this conduct. However, it did not appear that she was in such a condition as to be irresponsible for her actions. - There was no evidence of when' she purchased the revolver, and no'attempt had: been made to explain why she carried in her luggage not female attire, but another suit of mam's clothes. At the firmg 1 of the shot Whelan appeared to be standing directly behind the accused*, holding her left wrist. Taking the revolver in her rigbt hand she must have fired aits, random: over herl left! shouljder, and Bis Honor considered thisl was inconsistent with an attempt ait suicide. Whelan's evidence had been properly commented upon in rather strong by counsel. He showed a carelessness in giving evidence, although, he had been a, party to the immoral! conduct' which led up to the act, amd he should certainly not advise the jury to convict the accused on Whelan's evidence. His Honor then referred to Detective Miller's evidence, and to the accused's explanation that she thought the revolver must have gone off of itself, and did not know it had! touched him till she saw the blood 1. Accused apparently had niot attempted to 1 conceal anything after her arrest. The jury had to decide whether the accused fired the revolver intentionally, and whether she did so with the object of killing Whielan. They must consider that the accused moved about in disguise, and although her desertion by her husbandl and other dircum'stances might be likely to excite their sympathies, juries must not have sympathies, but decide on the evidence.

The jury were not long in finding a verdict of "'not guilty."