24 Aug 1918 - Gloucester Journal
Alledged Attempted Wife Murder
The Charge Against, Mr Samuel Millard
Police Court Proceedings
ACCUSED COMMITTED FOR TRIAL ON REDUCED CHARGE.
At Gloucester County Petty Sessions on Saturday, Samuel Millard (64), Longhurst, Elmbridge road, Gloucester, was charged, on remand, with the attempted murder of his wife, Olive Millard, on August 17th, 1918.
Mr. Frank Treasure represented prisoner, and D.C.C. Harrison conducted the case for the police.
Dr. Charles St. Johnstone, Rosebank, Stroud-road,- Gloucester, stated that on the evening of August 17th Mrs. Olive Millard called upon him and requested him to examine her. He did so and found she was suffering form a superficial wound at the back of her left arm above the elbow, about an inch long by an eighth of an: inch wide. There was bruising round the wound, and three small marks at the back of
the left ear. There Were splinters of wood in the hair on the left side of the head. The wound was not serious. The wound in the arm was consistent with having been caused by a shot. Cross-examined by Mr. Treasure; witness said he found no shot.. 'There was a possibility of the wound having been caused by splinters of wood'.
Mr. Treasure: Assuming that a gun had been discharged within ten yards of this woman with intent to kill her would you- not have expected greater injury?—Yes, if the charge had -been well rammed.
Mrs. Millard, giving evidence, stated that she had been married to prisoner about four years. On Saturday morning last she left home and went to Gloucester shopping. Mr. Millard did not know she had gone. She returned about 2 o'clock , and did not then see her husband. She had lunch and afterwards went upstairs
and lay on the bed to rest. She went to sleep, and about 4 o'clock she was awakened by a rattling at the bedroom door, which was locked. She heard her husband say "Oh,. she's there, I'll have her".
Witness did not say anything and prisoner went downstairs. Witness immediately jumped off-the bed and washed her face and went to her dressing table. She then heard a shot which appeared to come from the lawn at the back of the house, so being afraid to stop in that room she took her clothing into a room in the front of the house. The window of her bedroom was open at the bottom. While putting her outdoor clothing on in the spare room, which was locked, she heard her husband come to the door. He said " All right, you can go and live with your man." Witness replied; " Oh, you go and live with your woman and be happy." She then went to the dressing table which was opposite the door, and then heard another report, and found 'she had been shot. She fell down and remembered nothing for a few moments. When she came round she got out on to the verandah with the idea of jumping to the lawn, but got back into the room.
She heard her husband go downstairs, so she unlocked the door and ran across the landing, and seeing the maid, Elsie Dutton, in the hall, she spoke to her, and she opened the door for witness, who ran out of the house and up the road. She then went to Dr. St. Johnston to dress her arm. About 10 o'clock in the evening she went home again, but did not see her husband, although she heard him in the house. The wad and shot produced she picked up on the floor of the spare bedroom at the foot of the wall it had struck.She handed the 'Shot to the police. The police produced a door with a hole in it, which witness identified as the 'spare bedroom door.' The hole in it was made by the shot which prisoner discharged through it. The looking-glass produced was in her bedroom. She could not account for the hole in the back of it. 'The garments produced were worn by her at the time.
In his cross-examination Mr. Treasure said: Let us clear up one point first... When you made the remark as to your husband going to his woman and being happy you did not wish to suggest for a moment that he was anything but a moral man? Witness: Oh, not at all. I think he is I very much regret ever having said it. I did not mean to say it. I think he is a moral man. He is a thoroughly good man, I know, in that way. He had been very worried for some time.
Continuing to answer Mr. Treasure, witness agreed that the following morning she had breakfast with her husband and his stepdaughter, and continued to stay in the house with him. On Sunday she was quite comfortable and played the piano most of the morning. She had no reason to think that her husband intended to kill her. As a matter of fact, she never went to the police except on the, doctor's suggestion and would not then have done so had not the doctor said if she did not do so he would have to. At the Police Station she said she did not wish to make any complaint against her husband.
John green, gardener, Ivy Cottage, Armseroft road, Barnwood, said he was working at Long-burst on Saturday afternoon and evening. About four o'clock in the afternoon Mr. Millard came into the garden and said to him "That woman has been out with that man yesterday and this morning." Shortly afterwards witness heard a shot from the back lawn. He took no notice, and about ten minutes later heard another but did not think anything was wrong. Later Mr. Millard saw him arid asked what time he was going. He said about 7 'o'clock and Mr. Millard said he would see him again. He did not, but the next day' he called and. paid witness, but said nothing to 'him.
Elsie Enid Dutton, maid at Longhurst, said she heard the first shot and looking out 'saw Mr. Millard with a gun in his hand. Later she heard another shot, and shortly afterwards saw 'Mrs. Millard coming downstairs, and opened the door for her. Witness had lived at the house for nearly two years and had sometimes known trouble between them. On the day in question she heard nothing wrong between them. When Mrs. Millard came downstairs she pointed to her arm.
Inspector Butt stated that on Monday Mrs. Millard came to the police-station and reported the matter, but said she wanted to keep it quiet. He saw Dr. St Johnston as early as possible and-on Tuesday he went with Warrant Officer Simons to Longhurst, where they saw Mrs. Millard, who pointed out the looking-glass in which he found a wad and a leaden shot, which was still in the upright support of the glass. There were several shot marks on the' window frame, and he also found a number of shot marks at the top of the wall of Mrs. Millard's bedroom, opposite where the glass was. These marks were in a direct line with the glass and a corner of the lawn. The vest sleeve produced had marks of- blood and shot holes upon it. and there were also shot holes in the blouse and coat produced. Looking through the hole in the spare bedroom door he saw, in a direct line splinters of wood and glass on the floor and on the dressing table. He also found shot marks upon the wall. At About 1.45 he saw Mr. Millard and charged him with attempted murder. He replied " Yes I did shoot; that's right." - He was taken to the police-station." The gun produced was found in an outhouse and in one barrel there was an empty cartridge case. Answering Mr, Treasure, witness said he had known prisoner for some years and knew him to bear an irreproachable and upright character.
This concluded the case-for the prosecution. Prisoner, having been cautioned, said " I am I not guilty."
Mr. Treasure made a submission that the charge in the case had that been borne out by the evidence produced, and certainly not sufficient to enable the Bench to say that a prima facie case had been made out no one who heard the evidence could possibly come to the conclusion that there had been the slightest evidence to show that there had been an attempt to kill and murder Mrs. Millard. 'There had been no evidence of previous threats, and on-the day of the occurrence' there was nothing which could be construed as a threat of murder, The only possible charge could be one of doing bodily, harm but in answer to such a charge the malicious intent had to be shown, and the Bench would be just as justified in coming to the conclusion that the gun went off by accident. as-that it was discharged by design.
Mr Stamford-Hutton: Your submission is that the gun went off by accident?—Mr. Treasure:
Yes. The Bench then consider the case and cornmitted prisoner for trial on a charge of shoot
intent to do, grievious bodily harm. -
The answer to the reduced charge was "Not Guilty"
Bail was accepted as before.
