Note
THE CHARGE OF SHOOTING AT LADS AT SANDHURST
Samuel Elias James, scaffolder, of Hillside, Sandhurst, was summoned for discharging a gun at George Payne, Ernest Rogers, Frederick Smith, Albert Edward Warner, and William James with intent to do them injury, on November 28th. Mr. S. Brain appeared for the defendant.
The evidence given by George Payne was read over. It was to the effect that at 7.30 on the evening of November 28th he was with four others playing football on a piece of land adjoining defendant’s garden. Defendant came out and ordered them away, stating that if they did not go he would shoot them. Subsequently defendant again appeared with a gun, and when 0 yards awy put it to his shoulder and fired at them. They all lay down and heard the charge rattle in the trees behind. It was moonlight, and he could see the defendant. Cross-examined.--Witness said he had, with the other young men, bee there to play football previously. Defendant had never ordered them away. When the defendant came out to them on this evening he said Who is the foreman of this gang? Witness ran away behind Mrs. James’ garden. One of them did nt call out that they were not on his ground, and he did not hear the defendant say that he would put the police on their track. He or one of the others did not shout out Let’s give the old ______ a few shots and they did not throw stonesat him. Defendant went away. It was not a very dark night. They lost the ball and just after finding it defendant re-appeared with the gun under his arm. He raised the gun to his shoulder and witness said Lay down, he’s going to fire. Witness was not sure that defendant could see them as the trees behind formed a dark background. After defendant fired, they lay still for a while and then got up and ran away. Witness did not move in the matter earlierbecause he did not wish to cause a row. The police were informed of the matter and made enquiries, but after investigating the case did not take proceedings. Witness took out the summons. They had not caused the defendant a lot of annoyance. He id not know that two of his companions had been bound over to keep the peace towards the defendant.
Inspector Goddard pointed out that two of the young men were summoned and were discharged on promising not to molest the defendant in the future.
Albert Edward Warner, labourer, gave similar evidence. Cross-examined, he admitted that with one of the others he was summoned in September for annoying defendant and his wife. He then promised to keep the peace. He hadonly played football on the ground one evening since that time. They did not shout at the defendant or throw stones at him.
Fredk. Smith deposed that when defendant fired the gun the contents went on the ground about three yards from where they were lying.
Cross-examined,--Witness had played football on the ground before, and was there on the previous night. Defendant had not warned them away or threatened to fetch the police.
Ernest Rogers also gave evidence.
P.c. Wheeler said on Dec. 2nd he saw defendant, who said I didn’t shoot at them but fired in the air ith a blank cartridge. I had ordered them off the ground before, but they would not go. I could not find a policeman so fire in the air to frighten the lad. On the 4th Dec. witness took possession of the gun (produced), which was a converted rifle. Witness found the two empty cartridge cases produced in the garden. Witness subsequently arrested the defenant on a warrant, and he then said I can only tell you the same as before, that I did not shoot at them. It is a bad job and I wish it had not happened.
Cross-examined.Defendant pointed out a spot in his garden where he said he stook when he fire the gun, and it was 91yds. 2ft. from where the lads were. He found one empty cartridge case close to where defendant said he fired from.
P.c. Freeman said after the arrest he searched the defendant’s house and found 26 loaded and two blank cartridges (produced).
Inspector Goddard gave evidence that after the arrest and when at the Police-station, defendant, after being cautioned, wrote out the statement produced.
In reply to the usual statutory caution, defendant elected to give evidence. He said he had been subjected to much annoyance through the lads playing football in the evening on his ground. On the evening named, about seven o’ clock, he heard a noise caused by the lads playing. His wife was ill in bed. He went out, but could not see who they were. He said Who is the foreman of this gang? and ordered them away. They would not go but afterwards ran away. On of them said Let’s give the old fellow a few shots. He replied All right; you might have a few back. Three stones were pitched round him and he went up as far as Napper’s corner to find a polieman, but could not see one. He returned and then got the gun, and his daughter handed him one of the blank cartridges, which he kept for the purpose of frightening birds away from his cherry tree. He held the gun up in the air and fired it off. He did not aim at the lads, in fact he did not know for certain that they were still there. He only fired with the intention of frightening them.
Louisa James, daughter of the defendant, gave corroborative evidence.
Mr. Brain contended that though in its nature it was a serious matter, there was no case to justify the Bench in committing the defendant for trial.
After a brief consultation the Magistrates discharged the defendant, the Chairman warning him that he had had a narrow escape.
CHARGE OF ASSAULT
Samuel Elias James, defendant in the last case, was summoned by Fredk. Wakley, carpenter, for assault on Dec. 9th , Defendant pleased not guilty, and was defended by Mr. Brain.
Complainant said he was in the Bird and Hand when the defendant came in and said Are you the man who hit my wife? Witness said Whatever I have done I have had to suffer for by law. Defendant put his had upon his shoulder, but the landlord then ordered the defendant out and subsequently put him out.
Cross-examined.Defendant put his fist up but did not strike.
The landlord of the house was called and deposed to removing James, but said he did not see him put his hand on Wakley’s shoulder.
A man named Walters gave evidence for the defence, stating that there was no assault.
The case was dismissed.
- Last updated: June 9, 2022 19:52