SPRINGSTON SHOOTING AFFAIR.

Star (Christchurch), Issue 16571, 2 November 1921, Page 8

SPRINGSTON SHOOTING AFFAIR.

MAiH OS TRiAI. SUPREME COURT HEARING. The Springston oiiooting ca*e was before the Supreme Court to-day. when James Scott Main was charged that oil September 11 he discharged a revolver with intent to disable Anthony Bartholomew M’Evedy and Bernard Nuttall. There wer further charges of wounding, of attempting to murder M Eyedy and Nuttall and of assaulting them. To all counts Main pleaded not guilty. Mr A. T. Donnelly appeared for the prosecution, and Mr M. J. Gresson. with him Mr C. S. Thomas, for Main. "While the jury was being empanelled the prosecution challenged twice and the defence three times. Air bluntly Eliott was chosen foreman. One juror who suffers from heart trouble was granted exemption. Counsel said that, it would be a long trial, occupying probably two days, if not mom. His Honor Air Justice Adams said be was prepared to sit at night if necessary. Witnesses were ordered out of Court. CASE OUTLINED. Air Donnelly said that the affray took place outside the Springston Hotel, a country' hotel a few miles from Christchurch. The case was one of some public importance, and the consequences of a conviction would be serious to the prisoner, who for fifteen or sixteen >ears bad been ranger employed bv the Canterbury Acclimatisation Society. Main went to the hotel in the afternoon. He was then sober, and after tea he remained in the sitting-room until eight tor nine o’clock. Bttween nine and ten at night a party of live? people arrived from Christchurch. They were served with drinks in the commercial room, and there Alain got into an argument. It was said that he used abusive language to the women of the partv. Later on two brothers called AUEvedy came into the hotel. They heard a. disturbance, and they saw . Main in the passage. Main then entered into a discussion with the M'Kvedys. Everyone apparently went out to the front , of the hotel, where there were two ears, and the members of each party, as well as the licensee, Mr. Harris, and her son. Frederick Withexs. Shots were tired, and Bartholomew and M’Evedy and Nuttall were wounded. There was evidence that Main domineered the others for fifteen minutes, using threatening language, flourishing his revolver and kicking in the lamp of one motor-car. SALIENT FACTS. The salient fact, was that Main was the only person armed. He bailed the other people tip in the same fashion as a highwayman might have done. He threatened to shoot them, and he eventually did shoot two of them. After tile shooting he was disarmed, and he left on his motor-cycle for the Selwvn huts. .At the Selwvn huts nevt day, when arrested by Constable Smithers. ATain spoke as if he had a clear recollection of the disturbance or brawl or whatever it. was and of the events leading up to it. He said. “Those people tried to rob me.” Tile jury would have to consider whether in firing the revolver Main intended to injure M’Evedv and Nuttall, or whether be fired promiscuously. Thn Crown submitted that either Main intended to murder Nuttall and M’Evedy or that be fired the revolver with th<? intention of causing bodily harm. EXTENT OF INJURIES, i r>r Ernest Janies Cook, residing at Lincoln, said that M’Evedy had two bullet wounds, one in the left wrist and the other in the left thigh. M ' Eved v was not sober. To Mr Gressou: Witness did not recollect whether or not M’Evedv said he could see him. Mrs Harris and Withers were excited. FJe would snv that their story of events would not bo reliable. r M’EVEDY IN THE BOX. Anthony Bartholomew 'M’Evedv, former, -Southbridge, said (hat when ho arrived at the Springston Hotel lie was unite sober. He was admitted l.v Milkers, and be went into the bar parlour. where be had two shandies Main came through into the bar itself. He appeared • half silly,” because lie wobbled about and because he eon id not speak properly. Later on in front, ol the hotel, witness nnd his younger brother were accosted bv Main, who tarried a revolver. Main brushed past witness, walked four or five yards, turned and fired at witness. Previously be bad been going backwards and forwards, saying, “ If anyone moves, I 11 shoot.” “HOW MANY DRINKS?” , ' lr Gresson: You wero in town ali ony on September 14?—Yes. What were you drinking?—l had oue wlusky and. some shindies. Dr Cook says you were drunk. Did you have more liquor than you have told us of?—No. Only two shandies at the Springston Hotel?—Yes. You won't, contradict Withers if be says you were at the hotel by 10..10? 1 can’t guarantee what lime I <mt there. The. shooting oecuired at 11.1.5 Did you only have two shandies in threequarters of an hour?— Onlv two. What did Main sav when he came into the bar?—He said “those are two M Evedys over there.” And in the lower Court you said there was no conversation. In the lower Court you said Main was “mad drunk.” Now you sav he was “ half silly.” That j s another contradiction?—l Baid he was “ mad drunk ” in the yard. No . You said that was his condition in the bar?—He was uuder the influence of drink. Mas Main angry with you in the bar?—No. You never sa.id to Alain, “What is the price of swan eggs”?—No. When you went to the front of the hotel where was Main?—Ho came round the side of the hotel. Where was Nuttall?—l didn’t Fee him. Ur Johnston, the only independent witness, said in the lower CJourt that Mam came round the Aide of the hotel followed by Nuttall, w ho was threa ionmg him. Is that so r l —J never saw Nuttall. When did von first see the revolver? —When Alain came between mo and my brother. Did you move?—Aly brother told me not to. How long did you stand still? About, five minutes Thin was while Main was doing the ,4 Wild West ” business?—Yes. Where was Main going when he shot \ou? He was towards tbe commercial room of the hotel. How was lie walking?-—He was going b«‘-k sideways, covering people. He kept his back to the hotel?—Mj

idea was that he wanted to get his hack against the hotel so as to keep the people in front of him. I thiuk you are perfectly right. Why did he shoot?—T wa-s standing stock still when he fired. Did you tall at the first shot?—No. Is it not a fact that someone was .struggling with Alain when the first shot was fired?—No. AVhere was Nuttall?—l never saw him. AVhere was Withers? He wasn’t, there. Are you sure?—He may have .been in the shadow of the verandah. “WOULD SHOOT THE LOT.” Silverius AUEvedy, farmer, brother of the previous witness, said that when Main came into, the bar he said, Those are the M’Evedys. .1 caught them Shooting ducks.” AVitness’s ; brother said. It was not me.” Alain was the worse of drink. When they were in front of the hotel Alain bumped against witness. Witness said, Have a bit of sense.” Alain pushed a revolver against his chest, saying he would shoot the lot. Witness backed away and told his brother to look out as-Alain had a gun. Did Alain flourish the revolver for a quarter of an hour?—Yes., He threatened to shoot everyone. Did you hear the shots fired ?—After the first shots. T rushed round. Did anyone else go round?—l didn t take notice. Someone had hold of Alain before .1 got there. Who was it.? Either Nuttall or Withers. What happened?—We upset Alain and another shot was fired. Air Gresson: The last shot was fired when Alain was on the ground?—Quite correct. Who was attacking Main besides yourself?—Nuttall and W ithers. And the O’Neills?—l did not see them till I stood up. T put it to you that two shots were fired in quick succession while Alain was on the ground?—No! Only one. T> d you*, see Alain as the first shot was fired ?—No. I>id you see him immediately afterwards?—When I rushed round he was near the hotel. FACING THE CROWD. Ho had his back to the hotel ?—He was facing the crowd. Was someone struggling with Mam when you rushed round?—Nuttall and Withers were holding him.When did’the second shot go off?—l think the first two shots must have been fired together. AYas Main struggling with someone when the first shot went off?—l can’t Now, what took place in the bar? Who started the conversation?—Alain. anything said about swan —Nothing to my knowledge. And there was no squabble in tho bar? -Not while T was there. Do you say that seriously?—There was no row between u». AYho left first ? 7 do not know. You told Air Donnelly that Alain was still in the bar when you left?—l did not see him leave. You are contradicting yourself within a quarter of an hour. AATiat is tho value of your evidence?—! did not notice whether Main left the bar first. At tho front of the hotel did you hear the women ask Nuttall to go away?—l did not. Did you hear Nuttall say, “ I want to get the Scotch ”?—I heard Nuttall say, “ Put the gun away and fight like a man.” AYhen did that occur?—When Alain was holding us up before the shots were tired. * Was Nuttall threatening Alain?—l did not hear anv threats. In the passage you heard Nuttall sav he -wanted an apology from Alaiy? —He said that to niv brother. PART A’ FROM NEW BRIGHTON.* Bernard Nuttall, engineer, living at New Brighton, said that with Air Gibbs, Airs Ostler, Miss Da we and Aliss Brookes, he went out for a. motor-car drive on September 14, in the Ellesmere district. They called at the Springston Hotel ami had drinks. Alain came into the room, muttering, and lay down on a couch. He used abusive language, calling the ladies a certain name. AA'itncss wanted to fight Alain, hut the ladies persuaded him not to. Airs Harris and Withers then took Main away. After* the second round of ■drinks^ - his party decided to leave the place. AYhile they were in front of the hotel. Main came round the side with a revolver in liis hand, threatening to shoot tho first one that moved. AVhat else did,be do?--He pushed the revolver into my cheek. AVhat did you say? I said, “ If you are looking lor bother, put the gun away, come into the middle of the road and meet me iike a man ” Withers tried to persuade Alain to back, a shot was fired and someone cried “ help.” Continuing, witness said that three of them threw Alain. As they did so. the gun went off again, and the bullet passed through witness’s fingers. There was a struggle and witness secured the revolve!. . How long were you in the yard? Easily l**lf an hour. ' Wliv md you not go away earlier? Main held us up and threatened to shoot. HOW THE ROW STARTER. >•* Air Oregon : What time did you leave New Brighton?—About 7.80 p.m. Did you call at any other hotels No. What time did you get to the Springston Hotel?—-About 10 o’clock. Others say the “ hold-up ” outside took up five minutes, ten minutes, or fifteen minutes? You say half an hour? —Easily half an hour. You must have been in the hotel from 10 till 10.45. That is arithmetic?—Yes. You had drinks?—A 7 es. Now I want to refresh your memory. When Alain came into the room, did , von not say ” You can’t come in here. This is a private sitting-room?—That is utter rot. You did not object to him coming into that room where you were with those ladies?—No. We were a respectable party. And tho row started through you saying “Good-night” to Alain?—Yes. Did you follow' Alain round tho hotel as Atr Johnstou says?—No, that is utter rot. Johnston says you did?—He was upstairs asleep at the time. You endeavoured to keep your part of the transaction away from the police?— J didn’t want the publicity for the ladies. A’ou knew the police wanted the information?—lf it had not been for the ladies, we would hove brought Alain into town and handed him to the police. A’ou have been in a row before?—No. You were in the. Eastern Hotel case? It was proved I was a bona fide guest. Were any of the ladies in that case s Nt'. Not Aliss Brookes?—ls this relevant? She was not summoned. AYas Aliss Brookes in the Eastern Hotel case? —Not that T know of. Has the same party been out since tjm case in the lower Court ?-—Yes, two or three times. Dr A. P. Ardagh, a medical practitioner. gave evidence oomeerning B. M’lVvedy’ wounds. Ho ftaid the wound in the TeU thigh was slight, the one in the left wrist severe, though not dangerous. Mr Donnelly: How long is ALAI Evedv likely to suffer disability?—

Three or four months. Ultimately there will bo no disability. To Air Gresson : The bullet in the thigh travelled downwards and inwards. “If the injured man were standing facing tho man firing, it would be impossible for the wound to be as described?”—Yes. If he were standing sideways, the revolver would have to be pointed downward?—Yes. excluding ricochets. If the man firing had his wrist caught when held above his head with the barrel tilted at an angle, it would be consistent with the track of bullet in this case^ —Yes. Sydney Harold Gibbs, a grocer, of New Brighton, described the visit with Nuttall and three women to the Springston Hotel, and subsequent happenings. He said that because Nuttall said “Good-night” to Alain in a sit-ting-room at the hotel Main jumped up in amger and violently abused the company. Nuttall was going to take to Alain for what he. had said to the \yomen, but they intervened. Later, on going outside the hotel, witness and Nuttall found Main standing bv the motor-car (containing the women), holding a revolver. AVitness took liis seat without speaking to Alain. AVitness was just going to put his foot on the starter when Main said. “ If you move. an inch I’ll blow your brains out.” Witness got out, saying to the women, “ Don’t worry. The man daren’t fire.” Alain vent away for a minute or two, then came back and put his revolver up to witness’s chest, repeating his former words Then he went to the. other side of the car, and, placing the muzzle of the revolver i in Nuttall’s cheek, uttered some threat to him. Nuttall said “If you’re half a man nut that thing down and come out in the road” Walking to the front of the car Alain kicked a head light in and said, “ Take that, yofi —r — tance from the car. and Nuttall and, he thought, M’Evedv. walked in the. direction Alain had gone Alain told them to stop or he would shoot. Alain came back again. AVjthors had his arm partially round Main, who backed toward the hotel, with his right hand in the air holding the revolver. Ft was just after that the first shot was fired. Nuttall then closed with Alain. Eventually they went down. One or two more shots were fired. Nuttall got the revolver. AVitness saw no more of Alain. Mr Thomas: That word *' ‘ Good nigh*. ” was sufficient to bring Main to his feet and make him want to fight, the room ?—Apparently. Where did you have lunch to-day?— At the Occidental Hotel. Mho with?—With my friends. Who were they?—Nuttall and . Did you know that witnesses were ordered out of Court this morning?— '] hat did nob mean we were not to have lunch together, did it? The Springston Hotel case was mentioned at lunch time?—Very little, if anything at all. I ask you if it was mentioned?—lt was mentioned once. Did Nuttall tell you about the crossexamination he had been subjected to?—He did not. Do you .know who cross-examined Nuttall?—Ao, l do not. Only once was this case mentioned? —Only once. AA hat was the mention made?—l could not. tell you. A\ e had very little* time. You had an hour, the same as anybody else.—By the time we got there there was very little time to mention anything at all. Did you go round in a car?—Aly car. How long does it take to arrive there?—Five minutes there and back, Air Gibbs! Did you hear anything said about an apology ?—No. Did you hear Nuttall say “I’m going \o hare it out with ’the Scotch b——>” ?—No. Did you hear any of these women call Nuttall to come and get out of it?— No. Could either' of these things have happened without your bearing it?—l don’t think it possible. Was this man holding you up with his revolver for half an hour?—At the very least. It might have been three-quarters of an hour?—Yes, it might have been. Did you hear Alain say, “ I’ll shoot. I’ll shoot!’ as lie was backing?-—No. You should have heard it if it was said?—l should think so. How long was there between the firing of the shots?—l have no idea. It was some time. The women were in the car ali the time from when you first met Alain outside the hotel ?—■Yes. AYhen question arose as to how raanv people could be carried in witness’s car. Ill's Honor remarked that he had' fifteen in a similar car. (Laughter.) 1 ' 1 bad to get a collection to get them.” admitted his Honor. Did you hear a woman say, “ For God’s sake don’t let the police into this”? -I didn’t hear it said at all. Dr Gerald AVarren Jtussell, a medical practitioner, gave evidence regarding NuttalJ’s wounds. Mr Gresson : The wounds might halve been caused by one bullet?—Yes. Frederick AVithers. son of the licensee of the Springston Hotel, gave evidence regarding happenings at the Springston Hotel. He said Alain had eight or nine medium beers before te,a. (Proceeding.)