SUPREME COURT.

Wanganui Chronicle, Volume L, Issue 12239, 12 June 1909, Page 5

SUPREME COURT.

YESTERDAY'S PROCEEDINGS

.(Before His Honour Mr Justice Chapmaii.j F

ALLEGED ATTEMPTED MURDER

A VERDICT OF NOT GUILTY

AQJUSED DISCHARGED.

Pho charge of attempted murder against- Frederick Robert Garlick was proceeded with yesterday morning. Henry Sylvester Oliver, labourer, in the employ of Mr Chatfield, said that about dusk on the day in question, having tinished h:s work, lie went to his $° m ™ e,i hoi;t ly afterwards heard Mrs Chatfield call out "Harry, Harry eomo quick." ' Witness . ran straight! into the kitchen and saw Garlick there ! faarhek was standing by the corner of the table and Mrs Chatfield was at the other end of the table. Accused had a, | knife ni his hand and there was a twobiacled pocket knife on the corner of the table. Accused said something which witness could not recollect and went over towards Mrs Chatfield. "Witness tripped him up and then picked up the knives and threw them in the corner Accused got up and turned out of the «oor saying something which witness' could not catch. Hea-d no allusion in tho house to Chatfield. Garlick went to witness's room and witness told Mrs Chatfifld to go to Campbell's or Smith's (xarhek. looked all over witness's dress-ing-table. He only looked at witness, out d:d not speak. Witness was under the impression that Garlick was looking for his (witness's) razor which he had seen there previously. When witness entered, Garlfck ran out. Mrs Ctiatneld then stopped and turned round. Accused ran over towards Mrs Chatfteld, witness following. Accused fell over the children's tricycle and witness got between him and Mi's Chatfield. Accused did not say anything but got -up again and went back into the house. He came out a gam with the two knives,, pulled his coat off," and came after witriiess.; Ho chased witne;s round for a while, saying he. would cut all their throats. He said he had thrown Chatfield over the Hautapu arid addressing Mrs Chatfield he said, "I'll put you there, too." As soon as he saw his opportunity, witness went up and tripped accused. Accused got up and put on his, coat again. ;• Witness followed him but did not notica 'whether, he. had anything in his hand. Witness caught up to accused and nulled him down. Accused lav there for some time and witness, sung out to Mr Campbell for help. Then accused got up and went after Mrs Chatfield again and caught up to her. Mks- Chatfield ;was singing out as •i£;she was frightened and accused was' also talking.;. They got as far as the factory gate when witness said lie. would go and get the'horse and cart and they would go and look for Chatfield, but Garlick would not have heard what witness said. Witness went and got" the horse and cart, but he did not remember Garlick offering to go with him. From whoii Mrs Chatfield first called out till witness went for the cart an hour would have elapsed. It was a noisy scene all through. When witness got back withr the cart to the factory gate, he met accused on the corner of the Gors?eßoad, near the bridge. Witness'pulled the horse up and Garlick faid "I'll fix you, Oliver."' ..Garlick' jumped up over the wheel and witness got down over the other wheel and (went up to the factory gate, accused driving aJong after him. Accused ask-' eclif Mrs Chatfield was coming to-lookl for Mr Olmtfield. Tlien accused asked witnrce if he would go with him and . witness replied that some of them would Grirlick did not reply, but turnc-d round and 'drove off towards litikn. Half-ah-hour. later witness i heard a vehicle draw hp at: Chatfield's gato and then a little, later the cart stopped at' the factory gate. Accused ?ang out "Harry?' an<l witness told him he was un at the factory. Accused got out of the cart and cams towards mm, saying he had his arm broken, but witness could 's?e no 'indicat'on of any -ninrv, beyond having his r'ghtarm tied up in a slin.?. Accused wanted witness; to have a look at his arm, but witnf.^sdid.not da so. Accused then '■'ahkecl if Mrs Chatfield was ooininp- with him to 10-k for Mr Chatfield. Witness' said ho did not know where she was and accused asked him .if he was convng and witness replied that .he; .was not going, lvtit that s^ine men had gonp. Accused then went out the gfit* a^ain and rhut it bphi'nd him. He vrc,H up t* We - bnck of the. cirt and seemed to;be jum; bhhg for soriiethin^c in tho c?rt.. H« sgah} came and asked if Mrs Chatfield or witness was coming to look for Chatne^d and was answered in ihe negative. The next thing that happened was the" gun goin«r off just as accused said '.'Welllam going." It was starlight at the time and witness could see- an object moving but r.ot plainly. When'the gun went off accused: was about two yards fi-om the back of the cart. Did not hear accused fall, but accused sang out. ! Where accused fell, it was very uneyen -ground and there were ar lot of .big stones about. The following moaning when he went .to the place where Chatfield..was found, he saw two marks across the road, which seemed to him to bo the.mai'ks of someone having been dragged across the road. - :

By Mr Tieadwell: Had known Garlick from eighteen months to two years, and liiad always known him as qu?et and steady. On this occasion accused smelt very strongly of drink and thought he was mad with dank. Did not think accused knew what he was doing, and ho had'i no hesitation in: : saying-: that he thought,: accused was bereft of his reason. Garlick left before Mrs Chatfield did.'. W'iJjess tripped the accused^ who then, without' making any effort to look for the two knives which ho -.dropped,-'rushed away to his (witness's) room. Witness followed accused and found him apparently making an effort to find his (witness's) razor. Accused d:d not appear to recognise witness. Accused ran straight into the tricycle as if he didn't see it, and after getting iip ran in another direction. When accused cßased witness round,- he had both knives in one hand. Accused's actions, throughout impressed witness with; the idea that - he. did not know what he was doing. Believed MrsChat-. field once had, to put her arms out to prevent accused falling over the children.' Did not hear accused ask. Mrs 'Cliatfiold to como and look for her husband till they were at the factory gate. It"was at witness's tuggestion that the horse and tra*-> were obtained. • but he did, not remember a*skirig Garlick if he would sro and lcok for Chatfield, but accused said he would go if Mrs Chatfiold would go with him. Did not rehiomber tilling accused that Mrs Chatfield would not go with him. but* he might have said so. He said ...he; didn't know where sb© was. -On three occasions accused asked witness to go and look for Chatfield, each time asking Mrs Chatfield first. The tail board-of tlio onrjb was up at the time.... Could not see whether accused staggered rback after the f.hot or not, but. hwrd ac^u. r:cd. sing out "Harrys I am shot." By Mr Hutton: Had told ConstaVe Sweeney immediately after the occurr.enco that accused was too cunning to 1)o dnink, and that version was the most-likely. Accused jfps. standing'up in the cart while driving. William Prime, farmer of Ohntu. sad that 'when accused' came to tho factory. Oliver asked him what he wanted and accused nskeel for Mrs Chatfield. Oliver replying that "he couldn't have her. Accused said he had tallen out of the cart -: 11 1. -.I.;_ . t..,j. : x- il._

Accused l^tJ^ »*<> }fie cart, and witness "2 not if drun^n maa "ess's ob fi er Cv?til^ Sr?bo rut ln + der W'^ in his hand if LT^i 1"8 ? >*«*

tu attei harlick was injured. Garliek Accused W as roaring out ver/I" dV Spa^ Asked accused what ho domjv th the gun and accused saidh l »as going .shooting nextday. Thiinf J "St^ f^ rtffT T^°^pabourer, living onth« side of the Hautapii stream saw Garhck and Chatfield nnar tho- / bxxdge on the evening in question. They ~ uver, holding their horses. They wore * ■J?» + l° Ori ls yar^s nearer the bridge- . £nrl- the n fif«« whiwe Chatfield wL although witness stopped and spoke to tpeak to.' They we:e.standing steadily f^ as, witnfes oould see, and witness ~ would certainly, have seen a bottle had" < Orarhck had one in his hand: Bid not notice anything unusual about\Garlick Went to his hut, and about 10 or Iff minutes afterwards heard horses coming along. By Mr Treadwell: When he pn&3ctt accused and Chatfieli they seemed'to bo talkin- m a friendly way. Had known Garlick for four yeara, an<l regarded him as a I'gocd felow," a . mv y" deceirb- quiet fellow. The Court theSn adjourned at 1 p.m. lhe\Court. resumed at 2.10. p.m. - Ajoxandei- Wilso^i^niedjcal.practitio.n- '• \ ■ • ■ I* ! M>mp that heattgtiaed.; accused ". •"' M:™* a™"l^ l frbm;jOhuituv i ' saul he found a largo gapiinr ground - ■ about an inch in diameter, just below the shoulder jomt. On further examination hf: found the largo muscle of the shoulder shattered. . The covering o?' the, .|;one wa>% stripped for scverar inRlies/ In the wii'ihid witness found a largo numbef of $lipt«nd some shreds of clothing.V. In Witness's opinion tho shot undoubtedly caused the fractureof the arm.. A fall could-not porsibly have m-odnced such a. fracture. The wound would probably be self-'nflcted, as it must have been .at short distance-, as : the, £hot ;bad* not spread and the--difsection of / the wound was very oblique. Did not nbtice anything vrrohg;( with acciised's right arm, but then;* witness did not make an cxha'ustive search; -Would have noticed if anything serious had Jbcen wrtirig with - the arm. ; ; . - By Mt-fTreadwell: There was no mark " on'^ccus€!d's ihfoat as if he had attempted to-cut it. ' All Dr Bainett had" w?s to pack tue w~uikl to- stop* • thb ■ bleedinfr." 'It would be a veryrlumey effort for: a man who deliberate- ' ly tried to take .'his own life. . James, Ne3s?n, labourer^ of Ohutu, -said hie Ho;U>e 4'as nex£. toTihe. hut occnpiwl by Tho'«trd. He reniGmberetT crossing; ; thei, road in front of his place about 7.45 en the night of the 22ikT February. The accused storied at his gate, got off one hors? and on to an- >■ other.'.sHe did not Have any*difficulty , In gettiripr off But witness did not take^ • ■ a grpat deal of noties how he g-f on. He theii rode away leading one"horse. On the night cf the ace'dent a youngfellow came and asked withe's tf> comcf and sep the olacft wh<*re Chatfield wentover. ChatfiVd had by that time beenbrous;ht up. \VitnfS':> recognised phottv produced ps the road by which 'Chatfield' was found. Pnine! Corn'sh, Hutton arid another wrr^ thor'e. Chaifield was lyina; on +he r~ad and two hot* were lying in the w.Tfortablo. There was also a mark commencing at' the ' wateHrable across the road to the bink. Witness drew the position on the photo. The* inclination was', : if anything, a iittleupbill.. By the mark it looked. as^ rtnoitgha bodyJbad l^eon dragged across the road. vTlietti^ail was like "that of ft. boot being dragged sideways. Witness* did not notice if tK'ero were any foot- - marks alongside the trail. There was* perhaps a foot>; cr eighteen inches of level ground before, the fall. \. Witness1 also saw the placa where1 Chatfielcl had failen and was pretty sure he had rolled down. ; v By MrT.eadwell: The road when it' ' gets near the bridge has a considerable curve. There was a1 good deal of traffic. JCinnaird amd the henchman of tlie> mill went dowjU every evening. Could not say if the /cream cart went downr every evening. hThc traffic would keepas near the cliff as possible. A body ' - - on the e-lffe w,^uld*ba in coris'.dm-ablev iianger. If th.4 body were left on the* level i>iece there! would be nothing much: to prevent him':'from rolling down. A: - -: drunk mnn lying on the level place, if. - he moved would roll down. The grassy was fairly long and there was a good deal of scrub. A body wou'd not roll through it but if it went head or feet" first it miglit. .Witness had made an examination of the locality. The grass Would to same extent stop the rollingdown. When witness was there the grass was knocked down. If a drunk •was lying down' the bank he d."d not think a drunk man could get him up' unassisted. " By His Honour: The hats were foundby lantern light. "By Mr Hutton :, Tliere ware othcrj>lacos not very far away which wore- • quite safe. Witness thought that if abody started t-6 roll there was nothingto make it turn. Chatfield was a heavy man ?nd Garl'ck was a. strong man, but?ho did not think that a drunk man who* could- drive a ca.rt could get another upfrom whom Chatfield was.

Cnlyln Vincent Cornish, bn^tcr-maken of the Ohutu "factory, remembered b<>inor called out of his hiit on the 22ncT February. H« heard Mrs Cha-tfiehT. ask Garlick "Wliere ia Am?" The lat-