SUPREME COURT.

Wanganui Herald, Volume XXXXIV, Issue 12793, 11 June 1909, Page 3

SUPREME COURT.

Criminal Sittings.

THURSDAY, JUNE 10. (Bttfort His Honor, Mr Justice Chapman.)

ALLEGED ATTEMPTED MURDER.

The trial of Frederick Robert Gailick on a charge of having attempted to murder Amos Chatfield, was continued yesterday afternoon. Ann Georgina Chatfield, wife of the last witness, living at Ohutu, said she- had known Garlick for about three months, and was friendly with him. Remembered the accused coming to her house on the 22nd of February in. order to give her husband a letter for some friends in, Taihape. She Ifeai'd no suggestion that they were gting. shooting. They left for Taihape in the afternoon. She next saw the accused about '7.30 p.m. When putting her children to bed she heard someone coming through, the door and saw Garlick in the dining room. The accused said that Amos was killed over the, Hautapu. She railed for Harry. s^The table was laid in the kitchen. Witnfess had not a earring knife, hut the knife ! produced — a butcher's knife — belonged to her and was kept in the knife bos in the kitchen. Garlick did not have it at that time. .Took the children out of the bed and made for Campbell's house. The accused had gone into the kitchen and was sawing his own throat with a table knife and when witness went wit accused was still sawing at his throat. Went out the back way to Campbell's. Harry Oliver was with her. She next Saw Garlick a little way down the gorge roaa. Accused came up to her tumbling about and witness pnt ont he* hand to save her children. By His Honor: She did not see any wounds about his neck. By Mr Biitton: Could not remember aim saying anything. Wheat witness was pushing "him off she vfelt the knife in his pocket>. She pulled it out and threw it awa,y. Th e knife box was kept in a drawer I in. the kitchen. It might hare been- open V* she had been laying the table. She thought Harry called out for Mr Campbell. She remembered seeing Mr Campbell and Mr Cornish at the factory gate, wn% could not remember what happened « the factory gate. Witness thought Garnck wanted her to go with him for her husband and she thought he asked her while on the Gorge Road. She went into Campbell's house. By Mr Treadwell : Looked upon Garlick as a friend and as loner as she knew him lie had been steady. Tho accused was at the house the previous day. They wcv oftea talking about going shooting. She thought ler husband had suggested that garlick should go to Taihape with him. The bedroom opened into the dining-room. Witness was certain accused had used the expression about Chatfield being killed Hie accused seemed very drunk. Wl>en ho said Atnos was killed she immediately got ncr children and left for Campbell's. She was greatly upset at hearing the news, fine thought she met Harry in the dining Toom. The accused was in the kitchen. Did not go through the kitchen but saw mHo the kitchen while passing. She could »ot remember if there was a ehUd's tricycle TO the road when the accused overtook her. The accused did not know what he was doing. He seemed mad. Tho expression which witness used in the Tailiape Court that accused was a perfect D1^ lia « cx P r essed his condition. By His Honor: The accused did not repeat Ibis statement that her husband was Killed. By Mr Treadwell: It was quite right that accused had asked her to go with, him to find her husband. By His Honor : Accused did not explain Jww her husband was killed. By Mr Hutton: She considered he was mad because he was sawing at his owh throat. ♦.J 8 / His Honor: s he was so much upwt that she could not remember anything Her desire was to get someone to go for her husband. " Ernest C. Barnett, medical practitioner, reading at Taihape, remembered being, called to Ohutn to attend injuries to GarJick. He had one wound on the upper and outer part of the left side of the chest. Ihe wound was about an inch to U inches m diameter. The skin around the wound was all charred apd scorched. No spread of the shot had taken place. The direction of the wound was from within out and filightlv upwards. In addition to the wound he had also a fracture of the lmmerous of hia left arm. From tho state, condition and position of tho wound he considered that it had been self-inflicted. The \vound would not have been caused by tho gun falling out of Hie cart. He considered he must have been in the cart and then f^iien out, breaking his arm. The chnr tfe of shot had gone right in and had to be taken out later. To Mr Treadwell: Did not see any wounds on his throat. There was a great deal of blood about. "Did not think that the wound was inflicted by anyone out of the cart. From the position in which the qua must have been held the wound wa6 not accidental. To the Foreman of the Jury: The breath of accused certainly smelt of liquor, but wounds such as accused had would have a very 6obering effect. Elizabeth J,ael Camplell, wife of John Campbell, manager of the Ohutn dairy factory, remembered the disturbance at Chatfield's. Wat sitting in her dining room between 7.30 and 8 o'clock and when closing the window heard a noise of children crying and someone saying y Where is he?" She also heard someone say "If you want to know where he is I put him over the Hautapu." The voice was from Chatfield'e back gate. She also heard"6omething about shooting, or shooting the <;at. She heard Harry Oliver call out for Mr CampWll- WUne« »4po- -if^^^A Mts Oltatfiold asking whera he-was, but beard her-saying nothing else*- -except *"ph, Fred." Witness did not fenoV Ga'rKcTc. The voices were coming towaij4s the factory. % By Mr Tread well: Was at tlie window about 10 minutes. What she heard • was spoken in a loud voice.John Campbell, manager of tlie Ohutu dairy factory, said he was in Taihape on. February 22nd last and overtook Chatfield and Garlick on the road from Taihape. He was driving and they were riding. They went about 150 yards together talking. There was nothing noticeable about either of them. They spoke in their usual manner." Did not" know Garlick. They were walking over a hill and both appeared sober. They would get to the bridge about 6.15 or 6.20 p.m. From his house he Jieard his name called. It was Mrs Chatfield calling from the direction of her house. He went down to the men's whare near the gate. Mrs Chatfield. the two children, Garlick, and Harry Oliver were at the gate. Mre Chatfield said to me "This man days he has thrown my husband over the Hautapu, do yon think he could ido it?" The accused could hear this. Witness replied that he did uot know. Witness or Oliver then asked Garlick if he would go for Chatfield, if witness got the trap. The accused said he would go if Mrs Chatfiejd would go with him. Oliver said, "No. she ,won't. If you want anyone to go with you we will go." ' Garlick said "No!" After that he consented to go. Oliver went and got the trap. Did uot rememher any conversation while Oliver was away. Garlick went to meet Oliver. Before he went he asked for

1 a match, bn> \\ilness said he had none. Grrliek told Mm to get some. Cornish gave-'Uiht some. Witness had gone to Cornish*s wharc. While he was away he lieard Mrs Chatfield calling out "He's strangling me." Whfii witness came back, Garlirk had gone to meet the cart. Mrs Chatheld went up to the house. Garlick came back in the cart, Oliver walking. The accusod asked for Mrs Chatfield, but witness replied that she had gone. He drove up about a chain in the direction of the accident and then turned round and drove towards tltikn. It was' an. ordinary milk cart and accused was standing lip' driving. Later, he heard a cart come back to Chatfield's baok gate. Witness then saw a light moving about the house. After that he heard the. trap coming down the road and it stopped at the factory gate. (Witncus pointed otit -the position on the photo where the cart stopped). Witness was at his own gate with Mr Pr.ime and Oliver. They intercepted the accused while on the way to witness's gate. Oliver said "Well, how goes it?" Accused said he had broken his arm. Oliver replied "That's bad." The accused had a bandage round his right wrist. Accused then asked for Mrs Chatfield. Oliver replied that she was inside. The accused went to the back of the trap and called "Harry" several times. Oliver declined to go. He then said "If you are not coming I am going.*' The^ then saw the flash of a gun. The accused would then be about half a chain away. Acciifed did not get into the trap. If he had been in the trap they could have seen him. Tlie thistles obscured their view of him. The accused got behind the trap and then called out for Harry, saving ho wab shot. They did not know whether flip accused was shot or not, so stood a bit further back. They afterwards found he was shot and he was taken into the men's wharc. In the morning he asked for his pipe and matches. Twelve cartridges were found in his pocket. The police arrived about 10 o'clock at night. Had no conversation with accused after the shooting. Did not know how he> went to the whare.

By Mr Treadwell: Had overtaken Chat, field and Garliok before poaching the slaughterhouse. His conversation was chiefly with Chatneld. They were going slowly but there was nothing particular about them. When he next saw Garlick he \vns very excited but did not know if it was from the effects of liquor. As he said in Taihape, he did not .think accused was right in his head. It was a woman's voice that he heard calling hirft. Garlick first said he would not go with witness and Oliver but immediately after said he would. In witness's presence, Garlick said nothing about doing anything to Chatfield. By Hia Honor: When Mrs Chatfield colled out, witness was standing at the wbare gate. It was fairly dark and he could not soe why 6he called out. By Mr Treadwell: Garlick drove about liaJf a chain in the direction of the accident, then turned about and drove in the opposite direction. He did not return again for about half an hour. When he came back he got out at the factory gate. He had his right arm bound up but there was nothing the matter with it. After (»Hi*lick got back to the cart, Oliver and witness were about half a chain away. The thistles were about 3ft high. They could not see the back of the cart because it was behind the bank. After calling for Oliver the accused said "What am I to do with the trap?" Oliver said "Leave it theie." Shortly after the accused's remark that he was going, the shot followed. He was not m tlie cart when the shot went off.

By His Honor: Tho only people there who could see were Oliver, Prime, and himself. It was an ordinary country road. There may have lx>en Home rough stones by ravins of which he broke his arm. By Mr Treadwell : Went to fie accused a few minutes after the tshot. Prime and Oliver carried him to the wharc, but witness went to his house! By His "Honor : Could not tell how he was standing when the shot went off. The horse stood quiet. By Mr Treadwell: The next morning the accused w?a sekinar for dviuke and downffC His coat was Ptill partially on. By Mr Hhllou : Wftmws- ex: Jnhi.vl , r ro;n photos urodnecd wlml f?r r]WO: ; nvl On"-.-"' did wiih the t-ap. li (,'arli'!: had been in the back of the trap when it was standing in the cutting lip would not have be<?n seen. Whpji Garlick said he would go he mi erred that Mrs Chatfield should go too. From his actions he thought that Garhek was not right in his head. After 'io afiked witness for the match he blundered over the fence and caught on the wire, and then got ba_ck over the fence again. Witness's opinion was that accused was not right in \\h head.

Hutton a?kcd for some instances which led witness to the conclusion that he was not right. ♦Witness could not say except that he wa« acting in such n rar-h mnntioT. Tho Court then adjourned till 10 o'clock this morning.