SHOOTING AT MERCER

Waikato Times, Volume 113, Issue 18946, 16 May 1933, Page 5

SHOOTING AT MERCER

YOUTH IN DOCK.

ALLEGED ATTEMPTED MURDER.

COMMITTED FOR TRIAL

(By Telegraph.—Press Association.)

AUCKLAND, Monday,

The trial was concluded in the Supreme Court to-day of Christopher Niven, 'aged 19 years, who was charged with attempting to murder James Pennington Bates at Mercer on April 14, and unlawfully converting a car to his own use. Ocntinuing evidence, after we went to press yesterday, the wife of the wounded man, Mrs. Harriet Bates, said she had seen accused call at her husband’s service station for bepzine. "After my husband left, I heard something like the crack of a whip twice," she continued. “I rushed into the yard and met my husband, who was swaying across the yard.”

Arrest at Frankton.

Accused’s arrest near the railway station at Frankton Junction was described by Sergeant T. Morfarty. “ When I asked accused what his name was he said he was Tommy James,” said Detective-Sergeant P. J. Doyle. “He said, ‘I have walked from Tauranga.’ After further questioning accused said, “ Well, I cannot bluff it any longer. What will I got? Life? I know I should not have shot him, but I was nervous.” A statement made by Niven was then produced by Mr. Doyle. “ About 6.30 or 7 p.m. on April 14 I took the revolver, with about 12 rounds of ammunition, as I wanted to clear out and get over to Australia and start a fresh life over there,” read the statement. “ I then left the Maori Hostel and went to the Station Hotel, and I stole one of Shorter’s rental cars which was standing outside.”

The Gun Went Off.

After mentioning the purchase of half a gallon of benzine at Pokeno, the statement continued: “I then came to Mercer and I stopped outside a garage there. I went to the hotel and inquired for the proprietor of the garage. He came round and gave me two and a-'half gallons of benzine. 1 asked for some air and he opened the garage. I drove the car right In and he put' some air In a back tyre. I was going to drive away without paying and he hopped on the running-board and said, ‘That will be 6s.’ He would not let me drive away, so I got out of the car and pointed the gun at him, saying ‘I have not any money.’ I told him to walk down the street, as I wanted to get rid of him. “ I had the gun hi my hand and he was advancing toward me. I was backing away. I was pretty nervous by then and all of a sudden the gun went off. It happened to be pointed pretty low. I thought It had got him in the stomach. He ran Into the garage and was holding his stomach. I was bewildered and nervous and the gun went off again. I climbed into the car and shot off down the Great South Road again. I knew the police would be waiting for me at Hamilton. After a while a tyre went flat, so I turned out the lights and left the car at the side of the road.”

Shooting Caused by Nervousness. After stating lie did not know where lie was and was under the impression that the bridge at Ngaruawahia was at Hamilton, accused continued: “I got into a railway truck all day and when it g-ot dark I walked on to Frankton. Soon after I left Mercer I threw the revolver into some bush at the right side of the road. It was nerves that caused the revolver to fire."

When witness was bringing accused to Auckland on April 16 by car, he said: "That Is where I threw away the bullets." After a search of the river bank at Ngaruawahia near the bridge witness and Detective L. Wilson found two .38 calibre cartridges, a .303 rifle cartridge and a small Dutch coin.

A search was later made by a police party for the revolver between Mercer and Ohinewai. Thirteen miles of scrub alongside tho road on the driver’s side of a car going south were cut away, hut the party failed to find the revolver. After accused had pleaded not guilty to the charge of attempted murder he was committed to the Supreme Court for trial.

On the charge of unlawfully converting the car he was sentenced to three months’ imprisonment.