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The mission of Messrs. Connelly and Robinson, of Outtrim, to Melbourne to interview the Jumbunna directors, in the hope of bringing about a settlement between the CHARGE OF MANSLAUGHTER. MOULSON ACQUITTED.
The Advertiser (Adelaide, SA : 1889 - 1931) Wednesday 14 October 1903, page 9
Article
The Advertiser (Adelaide, SA : 1889 - 1931) Wednesday 14 October 1903, page 9
Article
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| 2012-05-01 17:16:07.0 | user:public:lcarrodus | THE WAYMÖÜTH-STREET SamuelíMoulson.(62) was charged at the Honor the Chief Justice and a jury, with* l8. The Crown Solicitor (Mn J. M. Stuart, 'K.C.) prosecuted, and Mr. Paris Nesbit,. K.C, appeared, with Mr. John- the court suspended its' sittings to enable the,-jury to inspect the premises ip Way The Crown Splicitor addressed the jury garded homicide. He said all killing w.ib son'who committed an act of homicide .would, be whether or not the accused was justified,in the circumstances in using a which existed (between the parties. Dipah Holloway said 'she had been a deceased for about six years and- the ac- cused'for more than 20 years. Of late years she used sonietimes to go to Mouh-on's place to get protection ' against Pittman "when she was va danger of her life. Pitt- -man was a violent man, and used often -.man. On September l8 the witness was at eaw Pittman .there at about 9.30 p.m., or a little later. She had some driuk with him the same place1 a week before the tragedy. her. While ia the wine shop on Septem- ber l8 Pittman struck hef. On leaving the wineshop the witness1 went to Moulson's placé,, arriving there at -about 10 o'clock. She called in at the poliCe-fitation on the way,.but «he could not seevthe inspector, red at the Wine shop. Moulson took a -re- volver from under his pillow, and- said, I'll shout him." He. then put the wearion ing a noise outt-ide. Moukon asked what "You've got Dinuh there." The accused ia not here." He also said, "If you, break in here I'll shoot you." deceased lying on the floor. The deceaseü lieved her life Was in danger. Pittman had Iver "a knock she would not get over ' if elie went to Moulson's place. The witness By Mr. Nesbit-Pittman was about 33 and about two year» ago he broke the wit- gave 'her some» money to take out a war- rant against Pictman. On another occasion > month for jumping on my chest." That take legal proceedings against him for anj cof the other assaults referred to, although Moulson had given .her money to do so in respect 'to'tone of the assaults. When she went to Moulson's 'place on the night of When the deceased told ber1 that he would .will k21 me." It was after this that he which was .doing service as a door bolt on Ehe could not say whether that was so or ness'had come out of the hospital on the afternoon of the saîne day, and had gone .fist. Ï'ineshop previously referred to. He was n duty on September l8 and remembered Dinah Halloway, who was*a casual cus- ing» -The witoesa had seen Pittman. He .was at the saloon that evening. . Holloway ?was standing'behind some people, and Pitt- i to fight the lot of them. The witness told ly or leaVe the place. He quietened down ¡t this, and Holloway and Pittman appear Jà> to become friendly. Subsequently there w«» struggle between them and they both . and made a' gesture, as if he was going to blow. Tile witness then induced him to catch his, remarks. Pittman had'three had the same number., By Mr". .Ñéfhit-Pittman Was very ex- cited towaWls' the end "of the time, and Pittman had "knocked her down. He made other attempts to .reach her. but was re- Bobert Richardson said he lived in a roojn close to the house occupied by the accused.! He heard a*noise at the galvan- ized iron oá-the night in question, and look- ed out to see the cause of it. He saw Pitt-; mata and heard him say, "I'll do for, you. He then w^nt to Moulson's door and said, have no Wife." He then began tugging at the door_ and said, "I'll do it for you."' ' TRAGEDY. , MOULSON ACQUITTED. / THE, EVIDENCE. rrr did not know who fired it._ The revolver loaded m five chambers. There was one witness found a revolver-case,.which fitted man to the hospital. He died when they' *7f I catch you with Dinah I'll do for you." she hud not seen her from the day she left that he had knocked her- about enough. able man; he had no peace in him. ne with. Moulson would have been like a right ihan in all his dealings. "He "would Dr. Gunson deposed to having 'made a gans. The* witness also described the to him in Hindley-street on the night id witness went with lum, and on the way "He rushed at me with, this and I shot was used, as a bolt for the dom". The wit- the deceased had threatened to "do for ' the accu-^ed, and for the woman Dinah Hol- loway, if he found thean together. fired at the deceased to protect himselt able dread of-serious violence; the killing would be justified. The right to'kill was entered, especially if the occuiSSer had tifiable- when a man's house waa burgla- riously entered. A, man was not bound 14 Cox, C.C. 331, Regina v/ Scully. 1 C.R.P. 319. He also submitted that -the cided1" that the case should go to tlie jury, lhat he had been tried along with some, sion he went'to his house and struck him happy life. Keep away from tlie drink." she did not take action. Once "when Andrews in the street, when Pittman. went up to «-hem, and said to the accused, "If had seen Pittman in the Avine shop. He a warrant,v but she was told that it was "If he comes here I will shoqt him." This he did because he was afraid ho would kill accused for threepence, and with it? she told them all about the matter, arid they had promised to watch the place. ' He then in I will break in." Tlie accused replied man fall. ' He was afraid of his life before the place. * ' " said if tile life of 'tue prisoner or of the woman was In danger, or if the conduct of the -deceased was such that the prisoner botn of tuem, the prisoner was entitled to do more than .find the woman and take her jurv returned into court with a verdict charged*. ._ | POINTS OP LAW. ' | THE WAYMOUTH-STREET Samuel Moulson (62) was charged at the Honor the Chief Justice and a jury, with l8. The Crown Solicitor (Mr J. M. Stuart, K.C.) prosecuted, and Mr. Paris Nesbit, K.C, appeared, with Mr. John- the court suspended its sittings to enable the jury to inspect the premises in Way The Crown Solicitor addressed the jury garded homicide. He said all killing was son who committed an act of homicide would, be whether or not the accused was justified, in the circumstances in using a which existed between the parties. Dinah Holloway said she had been a deceased for about six years and the ac- cused for more than 20 years. Of late years she used sometimes to go to Moulson's place to get protection against Pittman when she was in danger of her life. Pitt- man was a violent man, and used often man. On September l8 the witness was at saw Pittman there at about 9.30 p.m., or a little later. She had some drink with him the same place a week before the tragedy. her. While in the wine shop on Septem- ber 18 Pittman struck her. On leaving the wineshop the witness went to Moulson's place, arriving there at about 10 o'clock. She called in at the police-station on the way, but she could not see the inspector, red at the wine shop. Moulson took a re- volver from under his pillow, and said, I'll shoot him." He then put the weapon ing a noise outside. Moulson asked what "You've got Dinah there." The accused is not here." He also said, "If you break in here I'll shoot you." deceased lying on the floor. The deceased lieved her life was in danger. Pittman had her "a knock she would not get over " if she went to Moulson's place. The witness By Mr. Nesbit-Pittman was about 35 and about two years ago he broke the wit- gave her some money to take out a war- rant against Pittman. On another occasion month for jumping on my chest." That take legal proceedings against him for any of the other assaults referred to, although Moulson had given her money to do so in respect to one of the assaults. When she went to Moulson's place on the night of When the deceased told her that he would will kill me." It was after this that he which was doing service as a door bolt on She could not say whether that was so or ness had come out of the hospital on the afternoon of the same day, and had gone fist. wineshop previously referred to. He was on duty on September l8 and remembered Dinah Halloway, who was a casual cus- ing. The witness had seen Pittman. He was at the saloon that evening. Holloway was standing behind some people, and Pitt- to fight the lot of them. The witness told ly or leave the place. He quietened down at this, and Holloway and Pittman appear ed to become friendly. Subsequently there was a struggle between them and they both and made a gesture, as if he was going to blow. The witness then induced him to catch his remarks. Pittman had three had the same number. By Mr. Nesbit -Pittman was very ex- cited towards the end of the time, and Pittman had knocked her down. He made other attempts to reach her but was re- Robert Richardson said he lived in a room close to the house occupied by the accused. He heard a noise at the galvan- ized iron on the night in question, and look- ed out to see the cause of it. He saw Pitt man and heard him say, "I'll do for you." He then went to Moulson's door and said, have no wife." He then began tugging at the door and said, "I'll do it for you."' TRAGEDY. MOULSON ACQUITTED. THE EVIDENCE. did not know who fired it. The revolver loaded in five chambers. There was one witness found a revolver-case, which fitted man to the hospital. He died when they "If I catch you with Dinah I'll do for you." she had not seen her from the day she left that he had knocked her about enough. able man; he had no peace in him. He with Moulson would have been like a right man in all his dealings. "He would Dr. Gunson deposed to having made a gans. The witness also described the to him in Hindley-street on the night in witness went with him, and on the way "He rushed at me with this and I shot was used, as a bolt for the door. The wit- the deceased had threatened to "do for " the accussed, and for the woman Dinah Hol- loway, if he found them together. fired at the deceased to protect himself able dread of serious violence, the killing would be justified. The right to kill was entered, especially if the occupier had tifiable when a man's house was burgla- riously entered. A man was not bound 14 Cox, C.C. 351, Regina v. Scully. 1 C.R.P. 319. He also submitted that the cided that the case should go to the jury, that he had been tried along with some, sion he went to his house and struck him happy life. Keep away from the drink." she did not take action. Once when Andrews in the street, when Pittman went up to them, and said to the accused, "If had seen Pittman in the wine shop. He a warrant, but she was told that it was "If he comes here I will shoot him." This he did because he was afraid he would kill accused for threepence, and with it she told them all about the matter, and they had promised to watch the place. He then in I will break in." The accused replied man fall. He was afraid of his life before the place. said if the life of the prisoner or of the woman was in danger, or if the conduct of the deceased was such that the prisoner both of them, the prisoner was entitled to do more than find the woman and take her jury returned into court with a verdict charged. POINTS OF LAW. |