SUPREME COURT. FACTS FOR MEN. SOMETHING IT PAYS TO XVJT.VT ABOUT. HIGH-CLASS SUITS. EXORBITANT PRICES BEING

Wanganui Herald, Volume XXXXIV, Issue 12794, 12 June 1909, Page 5

SUPREME COURT.

FACTS FOR MEN. SOMETHING IT PAYS TO XVJ T .V T ABOUT. HIGH-CLASS SUITS. EXORBITANT PRICES BEING

TV ANGANUI SITTINGS

Before his Honor Mr Justice Chapman

THE OHUTU SENSATION. GARLICK ACQUITTED ON ALL COUNTS.

The charge of attempted murder against Frederick itobcrt Garlick was concluded iasc evening. Following is a report of the proceedings after we went to press yesterday : — Jame3 Nelson, labourer, of Ohutu, said he remembered crossing the road in front of his place about 7.45 on the night of the i'2ud 1 ebruary. The accused stopped at his gate, got off one horsa and on to another. He did not have any difiiculty in getting off, but witness did not take a great deal of notice how he got on. He then roJc away leading one horse. On the night of tiie accident a young fellow came and asked witness to come and see the place where Chatfield went over. Chatfield had by that time been brought up. Witness recognised photo produced aa the road by which Chatfield was found. Prime, Cornish, HuLton, and another were there. Chatfieid was lying on the road, and two hats were lying in the water-table. There was also a mart commencuig at the watertable across the road to the bank. Witness drew the position on the photo. The inclination was, if anything, a little uphill. By the mark it looked as though a body had been dragged across the road. The trail was like that of a boot being dragged sideways. Witness did not notice if there were auy footmarks alongsido the trail. There was perhaps a foot or 18 inches of level ground* before the fall. Witness also saw the place where Chatfield had fallen, and 'was pretty sure he had rolled down.

By Mr Treadwell — The road, when it gets near the bridge, has a considerable curve. There was a good deal of traffic. Kinnaird and the benchman of the mill went down every evening. Could not say if the cream cart went down every evening 1 . The traffic would keep as near the cliff as possible. A body would not roll through the scrub, but if it went head or feet first it might. Witness had made an examination of the locality. The grass would to some extent stop the rolling down. When witness was there the grass was knocked down. . If a drunk were lying down the bank he did not think a drunk man could get him up unassisted. By his Honor — The hats were found by lantern light.

Calvin Vincent Cornish, butter-maker at the Ohutu factory, remembered being called out of his hut on the 22nd February. He heard Mrs Chatfield ask Garlick, "Where is Am?" The latter replied, "You will never see him again. He is over the bank or the bridge." Mrs Chatfield seemed excited, and so was Garlick. Witness thought he was excited and not quite sober, but he would not say he was drunk. He seemed iJb 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 six inches from where the slope started. Witness considered it was not a very safe place to leave a drunken man, as if he stirred at all he would probably roll down. There were safer places not far away, but it was difficult fnr a drunk man to take a drunk man there. , By Mr Treadwell— lt would not 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 were 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 say it was safer to4eave Chatfield in the water table, as he might have been run over by a cart.

Miss Celia McKeuny, matron of the NY anganui 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 Chatfteld's body, and was the first to find it. The mark on the road ran almost across tbe road. The marks in the road were caused by southing being dragged across the road. Had no idea how Chatfield's body had come to be where it was except that it rolled down the bank.

By his Honor — It was the finding of the marks that led them to look over the bank.

By Mr Hutton— 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 Honor — If a body 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 be 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 ■_'nd. The mark across the road led to tho edge of the . road, and led them to find Chatfield, who was drunk. He corroborated the evidence of the previous witness.

To Mr Treadwell— lf a body were left on the grass at the edge of the road it wcnild 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 kitchen door. He was very flushed, and he smelt very strongly of drink. Accused had a gun hanging over the kitchen mantelpiece, but witness noticed next morning that it was missing. Also that hi sportmanteau had been opened.

To Mr Treadwell — When accused came into the kitchen he came from his bedroom. '

Lionel Beechey, son of the previous witness, said that on the day previous to the shooting he used accused's gun, which he afterwards cleaned and returned unloaded to the gun rack. Constable Sweeney said he was in Cornish's whare on tiie evening of February 22nd. Accused was lying there, and witness asked him how the accident happened. He replied, 'I was getting out of the cart and the gun went off." He said the gun was his own, and he might have left it loaded for all he knew. He added that he brought it up as 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 said that on the day of the* accident he went to Chatfield's and started to break in a horse ; that he and Chatfield went to Taihape; that he bought a bottle of whisky; that he and Chatfield had several drinks on the way home ; thajb they finished the bottle at the bridge"; that Chatfield then became very drunk and fell off his horse twice, the last time rolling over the bank. He added that he went down the bank and tried to get Chatfield up, but could not, Chatfield asking him to go home and get the cart. He then left with the two horses, but remembered no more. He had no recollection of going to Utiku, or of threatening anyone, or of carrying a knife. He said he had read in the Taihape paper an account of the affair, that he had written to Chatfield, and that his sister and brother-in-law had visited him at the hospital. To Mr Treadwell — 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 the cart. This concluded the case for the Crown. Mr Treadwell, after briefly opening his case, called the accused.

Frederick Robert Garlick, 20 years of age, said he had been living in the Utiku district for four years. Remembered February 22nd. Prior to that had been on friendly terms with Mr and Mrs Chatfield, visiting their place frequently and often partaking of meals there. Just before the 22nd had arranged to go shooting, but had fixed no particular day. Before he saw Chatfield on the 22nd did not intend to go to Taihape, but to go shooting. A companion of his was named Newman, and he was working 1 about a mile from Taihape. When ha got to Chatfield 's Mr Chatfield was writing. He asked him inside and witness asked him to give a letter to Newman. He finished his writing, put some letters in his pocket, and then came out on the verandah. Mrs Chatfield 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 was going to do in the afternoon. Witness replied that he was going shooting. He asked him to leave the shooting for some other day and go to Taihape, which witness consented to do, and wanted to go Irome to change. Chatfield said it was not needed, as he was not going to change. They had lunch and eventually left about 2.30. Neither had any intoxicating liquor. Chatfield lent him a horse and they rode away together, reaching Taihape about 3.15. (Jhatfield had the letter, and witness gave it to Newman, whom they met about half a mile from Taihape. When they 'reached Taihape they went to Hum's Hotel and had two long beers. Aftel leaving Hum's they went to Mr Neagle's, the saddler, where Chatfield bought a saddle and bridle. They then walked the street for a while . Mr Chatfield then went to the Post Onice and to Finch's store, witness waiting for him. After that they went back to the hotel, where they had two more beers. Witness's were long ones. Witness also bought a bottle of draught whisky, which he intended to take home. Prior to 22nd— since last October — had been practically a teetotaller. They went to the stables and when they left for home were stil lon good terms. When they got to the water trough at the cemetery (about a mile f r om 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 chains. Witness did not know Campbell and did not speak to him. Witness thought they had drinks at the slaughter house. They turned off the Utiku Road down to Ohutu. Mr Kinnair passed them at the bridge. They just spoke to him and he went on. Did not remember seeing him again After 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 have 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 spilling any on him, most of it having been consumed. They each had a drink or two. Did not remember anyone passing him nor leaning over the horse's neck holding the bottle of whisky

To his Honor— Thought he threw the bottle away, either over the bank or into the water-table.

By Mr Treadwell— Mr Chatfield was very drunk and leaning on the rails, and witness was not very much better. He 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 on again, but he 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 trap and his wife also. Witness asked him to shift off the road. Chatfield did not answer, so he put him in the watertable. Chatfield said it was wet. Witness also thought of the cream cart, so dragged him across the road. He did not remember his position, but thought he was quite safe. Witness then went for the trap. nffieM then rolled over and 'down t£e bank. Witness came bacs and went after him. He was lying down the bank feet foremost. Witness asked him to try and get up the bank again and that ho 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 him up. Both were very drunk, wtiness then put him sideways on to the scrub so that he should not get through. He then went back to the horses and went to Chatfield'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 he remembered the doctor probing the wound. He did not know what happened when he got to Ohutu. After leaving Chatfield the liquor seemed to have got a greater control over him. While in the hospital he sent a letter to Chatfield, but did net get any reply. Constable Sweeney came to S3e him, but only as a friend. He talked about the matter, and witness thought he told the constable that Chatfield had asked him to bring his wife. He did not tell him that Chatfieid had fallen off his horse and rolled down the bank, but he told him that he had shifted Chatfield to the bank and he had then rolled down. He told him that he did not carry a knife and that he had not threatened anyone. This was after he. had read the account in the paper. '

By Mr Hutton — Did not think he had drunk anything since October. He had taken the pledge in October. Could not say what had induced him to break it. Chatfield paid for the first 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 nor Thorsted passing. Chatfield was leaning up against the bank. Witness could cot explain how it was that he remembered such small' details as to how much each drank and what he did with Chatfield, but could not remember that Kinnaird and Torsted passed. He thought it was strange that a police constable should make the statement that witaeps had told him that Chatfield had fallen off his horse and rolled down the bank. JHe had made a mistake. Remembered Constable Sweeney in the whare and witness asking for drinks'. Did not remember him asking how the accident happened that he replied that he was getting out of a cart when the gun 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 cart. By his Honor — 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 Honor's summing up occupied an hour and a quarter, after which he submitted following issues : (1) Did the accused assault 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? J (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 is involved in the first and second questions?

(o) If incapable, from what cause did this incapacity arise? (6) If incapable of forming such intent as mentioned in the fourth question, was he nevertheless conscious that he was doing an unlawful act?

(7) Was the accused, during the proceedings at Ohutu deposed to by witnesses, up to the time when he was wounded, capable of acting rationally and giving a rational account of what had occurred? The jury, after short retirement, returned a verdict of not guilty of attempted murder. .

By consent of counsel the other two counts m the 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.

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