THE PAKARAE CASE.

Gisborne Times, Volume XXVI, Issue 2300, 19 September 1908, Page 2

THE PAKARAE CASE.

WALTER SYMONS FOUND GUILTY OF ATTEMPTED MURDER. AND IS (SENTENCED TO' FIFTEEN YEARS IMPRISONMENT. The senstional case of attempted murder at Pakarae ill Juno last, whereby a- young girl, Minnie Peterson, nearly lost her life, was before the Supremo Court yesterduy. Ill® Court was crowded to excess and intense interest was shown in.the judicial proceedings by the audience. AV alter Symons was charged with having on Oth Juno attempted to murder one, Minnie Agnes Poterson, by shooting at her with a . revolver, A second count of assault with intent to onise actual grievous bodily harm, and a third of assault with intent to cause actual bodily harm, were also included in tho indictment.

Accused, who presented a much smarter appearance than on his previous appoarnneo in Court, pleaded “not guilty” in a clear and firfn tone. The following jury was empanelled: —John B. Leydon, A. Martin, Geo. Hall, G. AVillan. H. B. -White, E. Roderick, H. Neill, J. Parker, E. E. Baton, J. .J. Rosbotham, D. Bain, Clias. Butler. Mr IT. Noill was chosen foreman.

Mr J. W. Nolan conducted the prosecution «n behalf of the Crown, and accused was defended by Mr Geo. Stock. Mr Nolan outlined the circumstances of the 'alleged' offence, and explained to the jury the meaning of the three different counts in the indictment. Ho held that tliey should have no difficulty in agreeing as to the third count, even if they had any doubt as to the other two. The first count, attempted murder,, to succeed wanted some intention, anil he held that the fact,of the purchase of the revolver supplied this. The main work of the jury, would be to decide which of the indictments prisoner was guilty of. Mary Agnes Peterson said she was, in June, employed at the Pakarae Hotel. On 9th June she saw accused in the wash-house of the hotel. Accused asked for the money witness owed him, and she said she had not got it. Accused said she could get it from Mr Shaw, hut she refused to do so until she had earned it. 'Witness replied, in answor to a question as 'to getting the money from her brother, that life was not worth living if she was to be pestered all the time. Accused thereupon shot ,lier in the chest. He fired two shots, one striking her in the chest, and the other in the mouth. Dr Collins atom!: d, and was still attending her is a result of the shots. Some of her teeth were knocked out. To Mr (Stock: She had known the accused for 2£ years, and was engaged to him for nearly two years. During that time accused had given her money in various sums, and their wedding was to take place. Their engagement was brokenioff about a fortnight before the shooting took off place. She gave, as the reason, that she would never marry a mar. who drank. Accused was jealous of other men’s attentions to her, and complained to her of them. After the engagement was broken off accused was drinking. He was working at Mr Lardelli’s station, but had never threatened her wit-li a weapon before the shooting took place. Accused had said that lie would not allow her to marry anyone else. About a week before the shooting accused endeavor ed to renew the engagement, .but witness refused to do so. He was considerably upset at this. To His Honor: Accused had givon her in .all between £lO and £ll, and he asked for it to he given back a few days after the breaking of the engagement. Accused was worrying her for the return of the money several times. Jameg Clive Collins, medical practitioner, gaye evidence of having attended Miss Peterson at Pakarae. She was suffering from the effects of two bullet wounds, one in the left chest, and the other in the roof of the mouth. There was also a markon the base of the neck on the right side, which lie took t c be the mark of a third bullet. He extracted one, bullet from the chest. The girl was suffering from gliock and he deemed if advisable that her depositions should bo taken. "Witness located the second bullet, and in 'liis opinion the shots were fired at close quarters. He attended the. patient all through, and was still doing so. In fact, he intended to operate on the girl on Monday in connection with the wound in the roof of her mouth, which had become bad again during the last four days. The operation was necessary oil account of the girl’s condition. The bullet (produced) he extracted from the girl’s chest. To His Honor: The wound' was below the left collar bone, and when he saw it first, air was issuing from it. This made him think that tile bullet had penetrated the apex of the lung. It wa-s certainly la. dangerous wound, and there was no doubt the sub-c.lavian vein had been wounded' as, on operation, there was extensive haemorrhage. To Mr Stock: After the shooting accused appeared to be upset, and suffering from some grievous wrong. Miss Peterson, recalled, stated that accused was inside 3 yardsi away when he fired the shots at her. Violet Gardiner, qualified lnir6e, said that she attended Miss Peterson at Pakarae, going there oil June 11th. Miss Peterson was swffering from shock and from loss of blood from two wounds. Witness removed' a bullet from the roof of the patient’s mouth on June 17. Harold Robert Millstead stated that he was in the employ of Mr 1 Shaw in Juno as groom.' On 9th June he was about 70 or 80 yards away from the waslidiouse, working near the stable. He heard a shot fired, and ran towards the washhouse, and on the way he heard another shot fired. On arrival at the wash-house accused was lying on his back just outside the door of the wash-house, with a rovalver pointed into liis mouth. Witness took the revolver from accused and threw it away. To His Honor: Accused had plenty of time to pull the trigger before witness arrived on the scene. To Mr Nolan : Accused said “It is all right Hnrry, I know what I have clone.” Miss Peterson wan lying in the wash-house with her feet towards the door, about 'throe feet away. She was bleeding from a wound'in the dun, and one in the chest. Mr Shawaho arrived at the wash-house a-wl said: “Who has done this?” and accused replied “I did it.” Accused was then tied down in the vard. The revolver produced was the one- he took from accused.

To Mr Stock: He had known accused for about four months. Accused had been working on a station, but for a fortnight before the shooting aroused had been drinking at the-ho-tel and was in a fairlv muddled condition all the time. Witness knew that- accused was engaged to Miss Peterson, and that the engagement nad been broken. Ho saw accused for some hours after . the shooting, and accused appeared sorry for what he had done, asking witness several times if the girl was still -alive. John Robert NiclioMs, ironmonger, said that accused came to his shop on Juno Sth. Ho purchased a revolver and a box of cartridges. The revolver was the one he sold accused, and the cartridges and bullets produced were similar to those sold. ' To Mr Stock: He knew .accused tor over six years and he had always been an honest straightforward young man When buying the revolver, accused said he was breaking in horses for Mr Lardelli, and wanted the revo.vor t 0 train the horses to the sound of the discharge of firearms. When accused came into the shop he appeared to have been drinking. John Rutherford Shaw, licensee of the Pakarao Hotel, said that, on the 9th of June, about. 2 p.in., he heard a shot fired. The sound appeared to be- in the direction of the yard. He heard three shots fired altogether, and went to the wash-house and saw the accused standing about 3 yards from the waah-house door, and Mist. Peterson lying half in and half out of the

wash-house. She was bleeding from two wounds. On speaking to accused ho replied, “I did it, find I am not sorry lor it.” AVitnees assisted m tho search of accused a*d found a number of cartridges similar t Q those produced in his pocket, Detoctiro Rawlo slid that from mformation received he went to- Pale a rao hotol on June 9th,- arriving there at 6 p.m. Accused was sitting on a form in the yard of the hotel, liouud with ropes. AA’itness took accused into the hotel to a sitting-room and, on the arrival of the constable from Toiogi Bay at 9 p.m., charged accused with 'the attempted murder of ono Minnie Peterson. In reply to the charge accused said “I don t know,” but about twenty minutes lates said: “I suppose they will put mo in my place for a year or two for this; perhaps give me the b- rope. Accused later enquired tbreo times how tho girl was, adding tho third time: “She will get over it. Where was she hitP”. The revolver was, handed to witness by Air W. A. Bar-, ton, S.M.', and tho bullets by Mr Shaw. The bullets extracted from Afiss Peterson’s wounds were handed to witness by Dr Collins and Sergt. Hutton. The teetlr (produced) were; picked up by witness in the washhouse of the hotel the morning after tho shooting. ' Constable Dandy also gave evidence of going'to Pakarae. He was in the’ room with accused all night, and accused said “Do you think Minnie will get bettor?” AVitness replied, “I hope so,” and witness replied, “By G —. I’m sorry I did it since I saw her laying there.” Later on accused said.' get better?” AVitness replied “I hope that is if she gets bettor.” This concluded the evidence for the prosecution and Air Stock intimated that he would call no witnesses. Mr Nolan said that he did not wish to address tho jury. , Mr Stock addressed the jury, asking them to review the case dispass-' .innately, and without any prejudice, forgetting entirely anything they had iievfd, or read- in the public press, concerning the-case. Counsel reviewed the whole history of the ease and dealt separately with the three counts in the indictment. Ho hold that, owing to the condition accused was ■hown to be in, -lie was hardly responsible for his actions, and he claimed that the shots were fired in a moment of u noon troll able impulse, and accused did not really know what he was doing. He did not claim tbal the accused should ]oaye the Court, unpunished, as he had certainly committed an offence, and the victim of tho affair had suffered seriously. He thought there /was ho doubt' that there was no intention on the part of the accused to kill Miss Peterson, and if they found him guilty on the second count, that of causing grievous bodily harm, he (counsel) thought that the demands of justice would be satisfied. ' , -.' ...

His Honor, in reviewing. the ©ise, pointed out tho meaning of the different counts iu the indictment, and said that- the principal point to occupy the attention of the jury was. tho intention of accused. He drew attention to what must be the intention of a. person firing at another with a fairly heavy revolver at a distance of a few yards and at a vital-part.: Notice must be taken of the admissions made to different persons after the occurrence. Not only did accused admit the offence, but to one person at leist he'said ho had done ,'t and was not. sorry for it. At this time the girl was laying there apparently dying. After further reviewing the evidence His Honor said that prisoner’s intent pan pip eg giig.w raojj negm eq qsnui said at the time. He purchased the revolver and carried it with him, loafing about. Could the jury believe that the revolver was intended for any other purpose than that for which it was used? If they could.-ac-cept the theory of the defence they should do so. They all had a solemn duty in' the matter, as -life, in the country and especially that of women nui6t be protected. They should have no fear of the consequences, the matter was in their hands and was purely a. matter of intention, which must lie judged by the happenings at the time and not by any ingenious theory that might be set up afterwards. The jury then- retired, and after an absence of 40 minutes returned with a verdict of guilty of- tli© first count,' attempted murder. A recommendation to mercy was added. In reply to the usuil question, prisoner said -lie had nothing to say why sentence should not be passed upon him.

His Honor, in sentencing the prisoner, said: “Prisoner at the bar, this is ono of. the most deliberate and cold-blooded attempts to murder that I have ever had the ill-luck to. try. Taking into the most favorable consideration—giving every effect to the recommendation of the jury—it is plain that I must put you where you will not be able to again attempt to murder this girl for a considerable period. The sentence is that you be kept in the common prison at Auckland for fifteen years/ J