SUPREME COURT.

Wanganui Chronicle, Volume L, Issue 12239, 12 June 1909, Page 8

SUPREME COURT.

(Continued from page 5.) ter replied "You will never see him again, he is over the bank or the bridge." Mrs Chatfiold seemed excited, and so was Garlick. Garlick asked for matches and lit his pipe. Witness next -saw Garlick in the trap on the road. He called out "Is anybody coming?" Olliver replied "No." He then called'a second time and received the same answer. Then he turned the horse round and drove in the direction ,of Utiku. Witness thought he was excited and perhaps not quite sober, but he would not say he was drunk. He seemed to know what he was doing. Witness was with the party that found Chatfield 14 or 15 feet down the bank. Witness went down to him. He also saw the mark on the road. It appeared to end about 6 inches from where the slope started. Witness considered it was not a very safe n'ace to leave a drunken man as if ho,stirred at all he. would probably roll down. There were safer places not far away, but it was difficult for a. drunk man to take a drunk man there. , .■•.'.•

By Mr Treadwell: There was a curve in the voad, but witness did not hug tho cliff.: It wouldnot be safe to leave a drunk man on the road where the mark .began. There were two marks as of two boots. There were no signs of any struggle. The two hats w.ero close* together and at the point where the dragging began. It was impossible for a drunk man to get Chatfield up. Re-examined by Mr Hutton: Would not ray it was safer to leare Chatfield in the, water table as he might have been run■ over by a cart.. Miss Celia MeKeliriy, matron of tho Wanganui Hospital, remembered Garlick being brought in on February 23rd. There were no marks on his throat. The only injury was the gunshot wound. James Prime, farmer at Ohutu, said he went with the party to search for Chatfield'e body and was the first to find it. The mark on the road ran almost across jbhe road. The slope begins x rtt the grass'at the edge of the road. The fall was about 1 in-2.' There-was a very slight fa 1! from the outside to the jnside of the rond. There was no level spaco at the. edge, of, the road. The ' marks in the road, were caused by something beine dragged across the road. Had no idea how Chatfie'd's bndy had come tr> be where it was except that it ..rolled down the bank.

By His Honour: It was the finding of tho marks that led them to look over the bank.

By Mr Hntton : The marks must have been caused by Chatfield. being dragged across to the grass where his body would have rolled down, at once.

By Mr Treadwell: The marks were pretty straight and as if caused by boots '-.'.■■■

By His Honour: If. a were held under the arms and dragged across the road it would cause the mark.

By Mr. Treadwell: A man placed where the dragging ceased would hardly bo safe. The grass would retard to a certain extent. The scrub was fairly thick. A drunk man would not be able to get another drunk man up from where Chatfield was.

Charles Hutton, bush contractor, of Ohutu, said he went with some others to find Chatfield on the'night of February 22hd. The mark across the road ]<:d to the edge of the road, and led them, to find Chatfield, who was drunk. Ho corroborated the evidence of the previous witness.

To Mr Treadwell: If a body were left on the grass at the edge of the road it would be possible for it to.roll over the bank. Would not be able, at night time, to see footmarks in the grass on the edge of the road. . '

, Hannah Beechey said that" up to February 22nd last, the accused lived at her--house.. On that evening she met him coming in the k. itch en door. He was very flushed, and he smelt very; strongly of drink. \ Accused had a gun -hanging above, the kitchen mantelpiece, iibilt JSEitness -noticed next morning that : itr waft missing. Also found that- his jJortrhanteau had been opened. '•'■•■' To, Mr Treadwell: When accused : came into the kitchen he came* from his bedrcom. . '

' liibnel Beachey, son of tho previous witness, said that on the day previoiK 'tothe slipoting, ; he us<2d, accused's gun, wheh he afterwards cleaned and returned unloaded to the gun rack.

Constable Sweeney said he was in Cornish's .whare on the evening of .February .22nd. Accused was lying there and witues-sasked him how the accident happened. Ho replied "I was getting out of the cart and the gun went off. He said the gun was-. bJs c<wn. "and 'be might have left it loaded for all hokriew. He a<3ded that he brought it up ss he was* going; shooting next day. Took the accused to: the hospital the following: morning. On ; March 10th visited'him at the Hospital. He then eaid that on the day of the accident he went to Chatfield's and started to break in a horse; that he and Chatfipld went to Taihage; that he bought a bottle of whisky; that he and Chatfield had several drinks on-the way home; that, they finished the bottle at the bridgs; that Chatfield then became very d:unk and fell on 3 his hcrso twice, the last time rolling over the bank. J He added that lie went down the bank and tried to get Chatfield up, but could not, Chatfield'asking* him to go home and get the cait. He then left with the two horses, . but remembered no more. He had no recollection of going to Utiku, or of 'tliroatehing anyone or of carrying a, knife. Ho said he had read in the Ta;hape paner an account of the affair, that bo had written to Chatfield and that his sister and brother-in-law had visited- him at the hospital. , To Mr Trerdwell: Accused Knew witness well and made the statement to him" quite freely and voluntarily. Did not think accused said that Chatfield told him to bring his wife and cart. This concluded the case for the Crown.

Mr Tread well, after ,b:iefly opening his case called the accused.

Frederick Robert Garlick, 20 years of age, said he had been living in the TJtiku district for 4 years. Remembered February 22nd. - Prior to that had been on friendly terms with Mr and Mrs Chatfield. visiting their place fre'qu entry and often partaking of meals there. Just before the 22nd had ' arranged to p-o shooting, but had fixed no particular day. Before he saw Chatfield on the 22nd did not intend to go to Taihape, but to go sliooting. A companion of his was named Newman and he was working about a mile from. Taihape. Witness wished to communicate with him and he knew Chatfield was going to Taihape. When he got to Chatfieid's Mr Chatfield was writing. He asked him inside arid witness asked him to give a letter to Newman. Ho finished his writing, put some letters in v'- pocket and then camo out on the verandah. Mrs ChatfieVl was with them part of the time. Witness was not dressed for going to Taihape. Chatfield said he would deliver the letter and then asked what witness wns going to do in the afternoon. Witness renlied that h© way eoing shooting. He asked to leave the shooting for some other day and go to Taihape, which witness consented to do and wanted to go home to change. Chatfield said it was not needed as ho was not going to change. They had lunch and eventually left about 2.30. Neither had. any intoxicating liquor. Chatfield lent him a horsj* and they rode away together, reaching Taihape aixwit 3-15. Chatfield had the letter and witness gave it. to Newman whom, they met about half a mile from Taihap?. When they reached Taihape they

went to Hum's hotel and had two long beers. After leaving Hum's they went to Mr Ncaglo's, the t-addler, where Chatiield bought a saddle and. bridle*. They then walked the street for a while. Mr Chalfield then went to the Post Office and tj Finch's store, witness waiting for him. Aitor that they went'back, to the hotel whero'they had two more beers. "Witness's were long ones. Witness also bought a bottle of draught whisliy, which ho intended to tako home. ,;■. Prior t> 22nd—since last October—had beon practically a teetotaler. They went to the stables and "when they left for home were still on good terms. When they got to the water trough at the cemetery (about a mi Jo. from Taihape) they pulled up and had a drink, witness having a large one. It was whisky out of the bottle. Mr Campbell overtook them on the Utiku side of the Winiata and went along with them for a few chans. Witness did not know Campbell and d'd not .speak to him. Witness thought they had drinks at the slaughter house. They turned off the Utiku Road down to .Ohutu. Mr Kinnaird passed them at the bridge. They jusfc spoke to him and he went on. Did not remember seeing him again. Aftor^ crossing the bridge they got off their horses about half a chain from where Chatfield was found. They got off at: witness's suggestion to hayo a drink. The bottle was then about half full. It was right that the cork had been forced in and a paper cork, made. Witness did not remember spillinsr any on him. most of it having been consumed. They each had a driiik or two. Did not remember-any-one passing him nor leaning over the horse's neck holding the bottle of whisky.

To His Honour: Thought ho threw the bottle away cither over the' bank or into the watertablo.

By Mr Treadweil: _Mr Chatfield was very drunk and leaning on the rails and witness was not yery much better. Ha/asked Chatfield to come home two or three times but did not remember what he said. He stumbled out towards the horses. "Witness helped him. on to his horse and got on his own. Chatfield fell off after a few yards. Witness helped him <)n again, but ho fell off and would not try again. Witness.asked him to walk and he would help him. 'Chatfield asked him to go and get the t>ap and his wife also. Witness asked, him to shift off the roadChatfiekl did not answer so he put him in the water table. Chatfiold said it .was wet.;, Witness also thought of tlio cream cart. 50 dragged him across the road. '.He,..did'riot remember his position . but" thought he • was quite safe, Witness then went for the trap. Chatfield then rolled over and down the bank. Witness came back and went after him. He was lying down tho bank feet foremcst. . Witness asked -him to try and get up the bank again and that he would help him. Chatfield told him to" "go home again and get the trap and his wife* Witness said he could not leave him there, so tried to get Inm up. Both were very 'drunk. Witness then put him sideways on to tho'. scrub so that he should not get through. He then* went back to the horses and went to Chatfieid's. Witness got round the road, he did not know how far and was then dragged off one horse. He. did not, remember which one. Witness's mind was a blank till h<> remembered the doctor probing the wound. He did not know what happened wßen he got to Ohutu. After leaving Chatfield, the liquor seemed to have got a greater, control over him; While iii the. hospital He sent a letter to Chatfield But did not get any reply. Constable Sweeney cam© to sco him, but only as a friend. He talked about the mattor and witness thought he told the Constable that Chatfield had asked him to bring his wife. He did rot tell him that Chatfield had fallen off his horse and rolled do-wn the Bank, but. he told him that ; ho ha<s shifted Chatfield to the bank arid he had then rolled down. He told him that he did not carry a knife and tha& he had not threatened! anyone. This was after-,ho-had . read the account in the paper. / ;By Mri. Hutton: Did not. think he had drank anything since October. He had taken the pledge in October Could not say what induoed him to break it. Chatfit'ld paid for,the fist drink and witness for the next, but did not know who paid for .the last two. Did not remember drinking in any private house during the time he was off. He would not contradict him that they had a .drink at the slaughterhouse. He did not remember spilling any on his clothes. Could not remember Kinnaird or Thursted passing. Chatfield was leaning^up against the bank. Witness could not, explain how. it was that he lvriienibered such small details as to how much each drank and what he did with Chatfield. but could'not remember that Kinnaird and Thur&ted passed. He thought, it was strange that a police constable should make- the' statement that witness had t?ld him that Chatfield had fallen off his horse and rolled down tho bankr He had made a mistake. Remembered Constable Sweeney in the whnro and witness asking for drinks. Did not remember him asking how th eaceident happened and that he replied that lie was getting: out of a cart when the gtin went off. His mind was a blank after being pulled off the horse. He did not remember getting to Chatfield's gate and he did not remember being in a cavt.

By His Honour: He did not remember being; shot nor going to his lodgings.

The Court then adjourned till 7 p.m. "' ■■' ■■■■'•

On resuming counsel addressed the Court at length. His Honour's summing up occupied en hour and a quarter, after which he submitted the following issues:— (1) Did tho accus<xl as-ault Chatfield with intent; to murder him and thereby commit the crime of attempted murder.

/'2) Did the accused assault Chatfield with intent to cause him actual bodily harm?

(3) Did the accused assault Chatfield with intent to cause him to fall into the river without considering the consequences.

(4) Was the accused, when he laid hands on Chatfield and took him across and beyond the road capable of forming any such intent as ig involved in tho first and second questions. (o) If incapable, from what cause did this incapacity arise?. (6) If incapable of forming such intent as is mentioned in the fourth question was he nevertheless conscious that he was doing an unlawful actP

(7) Was the accused during the proceedings at Ohntu denosed to by witnecses up to tho t'me when he was wounded capable of acting rationally and givinsr a. rational account of what had occurred? -

Tho jury, after a short retirement, returned a verdict of not guilty of attempted murder.

By ,coiivsent of counsel the other two counts in tho indictment, viz. attempted suicide and intimidation, were submitted to the same jury. The Crown offered no evidence and the jury returned a verdict of not guilty.

Accused was then discharged

DUNEDIN SITTINGS

DUNEDIN, June 11. The Supreme Court was occupied today hearing an appeal from the decision of Mr Hutchison, S.M., at Oamaru; when he convicted Albert Bond of taking whisky into Oamaru without informing the seller of its destination and fined him £10. Messrs 'Hjorriitg and Angley appeared for the appellant, and Mr P. S. K. Macassey for the. respon- . dent.

The contention of the appellant's

counsel was that licenses were in existence in the district, as the new districts included Palmerston and Hampden, where licenses continued till June 30th. To this it was replied that as No-license I was carried in Oamaru in 1906, and that l,the status quo ante must be maintained ; till June 30th. Decision was reserved.