AN UNUSUAL CASE

Gisborne Times, Volume LXV, Issue 10302, 11 January 1927, Page 5

AN UNUSUAL CASE

ALLEGED ATTEMPTED MURDER WOUNDED MAN AT FIRST REFUSES EVIDENCE ACCUSED COMMITTED FOR TRIAL STRATFORD, Jan. 10. Stanley Emerson Carlyle Taylor was charged in court this morning with, on November 14,. attempting to murder James Farrelly at Tangarakau. Dr. Steven gave evidence that Farrelly could not be understood on admission to hospital owing to the swelling of his tongue, which was lacerated. His face was peppered with gunshot wounds, and the sight of his right eye was gone, Farrelly, called by the prosecution, refused to go into the witness box and .to give evidence. The Magistrate told Farrelly he need not answer questions liable to incriminate himself.

Farrelly refused to reply to a detective when asked if he had any other reason for refusing to give evidence.

Thomas McDonald gave evidence that Taylor asked for a gun, as F’arrelly was trying to tie him up. Davis came along with a gun and Taylor charged at Farrelly over a fence. When some distance away he heard & shot fired. Daniel John Davis, a neighbour of the accused, said he saw Farrelly crouclv near a tree. Later the accused crept towards, Taylor’s trapshed and returned to the tree. Taylor spoke to F’arrelly and afterwards said to Davis, “Bring that gun out and I’ll frighten the ” Continuing his evidence Davis said when he gave the gun to Taylor there were two cartridges in it. Witness saw McDonald who said something should lie done to get Farrelly shifted. Taylor said, “Farrelly is up in that fern over there; watch while I go across and give liim a fright.” Taylor went' away, and witness later went over to within a few yards of him. Taylor was standing on the ridge with the gun in his hands near where Farrelly was found. Witness did not hear any shot.

In reply to Detective Meiklejohn, witness said his hearing was quite normal. Witness asked Taylor where Farrelly was. Taylor said: “He is lying there. We shot him.” Witness had gone over to help Taylor to secure Farrelly for the police for threatening behaviour. Taylor said: “I was firing over his head to frighten him and hit him in the face”. Ftarrelly was taken to Taylor’s house and the police were called in. At a later stage Farrelly was recalled, hint again refused to give evidence.

The Magistrate pointed out to ■Farrelly that he could he committed to gaol until.he gave evidence, failing which he could be kept in gaol for ever. The Court was adjourned for a few minutes to allow Farrelly io consult his friends, and on resumption he gave evidence freely. In his evidence Farrelly said he went to Taylor’s to get breakfast. They had words about the breakfast which Taylor did not want to give to him. During the argument witness picked up a dog chain and Taylor ran away. When Taylor called for a gun witness got away as quickly as possible. Witness was lying on the hill when Taylor came up with a gun. Taylor said, “Cbme oiufc of it”, but witness said, “not as a prisoner”. The next thing witness knew he was shot.

A plea of not guilty was entered and the defence reserved. Accused was. committed for trial at the next sitting of the - Supreme Court at New Plymouth.—P.A.