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Newspaper-Articles

• 9 Mar 1914: About 7 p.m. on Saturday the police received a report of an alleged shooting affray at Rosslea Estate in which a woman named Mrs Elisabeth Barr, aged about 50, sustained gunshot wounds on her left side and back. Inspector Sweetman instituted inquiries, and as a result her husband, Allan Barr, has been arrested, and will be charged at the Police Court this morning. Mrs Barr was removed to the hospital. Mary Elizabeth Barr⁴
• 10 Mar 1914: The Rosslea Shooting Case.
  A sequel to the incident at Rosslea Estate on Saturday last, when a man named Allen Barr is alleged to have shot at Elizabeth Barr was heard at the Police Court yesterday, before Mr A. Dean. P.M., when Allen Barr appeared on a charge of unlawfully attempting to kill. Accused pleaded not guilty.
  Constable James Portley stated that a complaint was made to him about 7 p.m. on Saturday, in consequence of which, in company with Constable Littman, he went in search of defendant. They saw defendant with a man named Ah Foo on the Charters Towers road. Witness said to defendant. "I have been informed that you fired at and shot your wife this evening and that the shot struck her on the left arm and neck." Defendant replied that he fired a blank charge in the air. In answer to a query, defendant said he did not know where his gun was now, and refused to answer any questions. Witness subsequently conveyed defendant to the watch-house, where he formally arrested him on a charge of unlawfully attempting to kill one Elizabeth Barr at Rosslea Estate on the night of the 7th inst. Defendant said, "It's a lie. I don't believe she is shot at all." Defendant, who said he had not the means to pay a professional man to appear for him, asked his Worship if the charge could be reduced to something less serious. He said he had no intention of killing the woman, and that he feared violence from Annie Low's husband, who was present. Annie Low's proper name was Annie Stagg. He stated that he had come from Sydney and had only been in the north for about five weeks. His Worship said he could not reduce the charge at present, but when the evidence of the prosecution had been completed he could, if he thought proper, discharge or reduce any indictable charge. On the implication of Sergeant Martin, a remand of eight days was granted. Mary Elizabeth Barr⁵
• 17 Mar 1914: Townsville Police Court. MONDAY, MARCH 16.
  ROSSLEA SHOOTING AFFRAY. Alan Barr, on remand, was charged with attempting to unlawfully kill Elizabeth Barr at Rosslea Estate on March 7th.
  Constable C. Littman said that on Saturday, 7th inst., in consequence of a complaint, he went to defendant's house at Rosslea Estate. He there saw Constable Portley and a man named Ah Foo. In consequence of something he heard, he went to Hermit Park Hotel, where he saw the defendant, who said to witness: "I suppose you are coming for me." Witness replied: "I am informed you shot your wife this evening." Witness gave him the usual caution. Defendant replied: "I will not answer any of your questions. If you had the worry I had you would do the same. Annie Lowe and Tom Stagg were at my place, and we had a row. I told them to go away or I would shoot them. I took the gun and fired above their heads to frighten them." Witness said: "Your wife is shot, and I want you to accompany me." Defendant replied: "Is she much hurt?" Witness told defendant she was in the hospital. On the way towards the Police Station with accused, the latter said : "You will have to find the gun. I married a widow, and she was a prostitute."
  Defendant: That is a lie. I did not say that.
  Witness, continuing, said that later on Constable Portley joined them, and accompanied them to the Police Station, where accused was formally charged. He replied: "It's a damned lie."
  By the Bench: In conversation, accused mentioned the name Thomas Stagg, and said: "Annie Lowe and Tom Stagg were at my place and had a row." By defendant: He understood Annie Lowe was the wife of Tom Stagg. It was not possible that defendant said to him: "I married a widow. Her
  daughter is a prostitute." It is possible he said she is a prostitute, intending to refer to the woman Annie Lowe.
  Constable James Portley, re-called, said on Sunday, 8th inst, he made a search near the house where the alleged shooting took place. He found a single barrelled breech loading shot gun outside the house yard fence. (Gun tendered.) On the 9th inst. Mrs Stagg handed him a parcel of clothes, and on the 11th a cartridge. (Tendered.) On the same day Lucy Lowe came to him with a cartridge wad. On the 15th inst. Dr. Breinl handed witness six pellets or grains of shot. (Tendered.)
  That morning witness had examined a buggy at Mrs Stagg's house, and found about 30 pellet holes in it. He took six pellets from six of the holes in the presence of Mrs Stagg. By defendant: On the 10th the Watchhouse-keeper telephoned to him that the defendant had told him where the gun was, and that locality agreed with where he had previously found the gun.
  Annie Stagg, married woman, residing with her husband at Hermit Park, Townsville, said her name was Annie Lowe until four months ago, when she was married to Joseph Stagg, commonly known as Thomas Stagg. Defendant was her step-father, and Amelia Barr was her mother. On 7th inst. she called at her mother's place at Rosslea Estate. Witness dove there in a buggy with her husband and daughter Lucy Lowe. Witness did not get out of the buggy. Defendant was sitting on the verandah. He appeared to be cross, and witness thought he had been drinking. Witness asked her mother, in the hearing of defendant, to come for a drive, and she refused, as she thought there was going to be trouble. Defendant said: "Yes, there will be trouble, and — big trouble, too." Witness said to her mother: "You had better come," and she said "No. I'll work in the garden, and won't speak to him." Then she started to cry. Witness drove away, and returned about 7 p.m. Her husband and daughter were still with her. They passed the defendant on the road.
  When she got to the house she saw her mother, and shortly after defendant came in and closed the gate behind him. He went to the back through the house. Her mother said: "I think I'll go." Defendant said: "I think you had — well get out of the house as quick as you can." Witness replied: "I think you had better go, Jack." He used abusive language to her, and went outside. Witness saw him through the window striking matches and looking everywhere. He went to the sideboard drawer and took something out of it, and then witness heard the click of a gun, as if it was being loaded. Defendant called out: "Where are you now?" and her husband replied: "Here I am," and stood near the buggy. Defendant pointed the gun at her husband, who said: "Put that away; don't be silly." Defendant then moved the gun and pointed it at witness. Her mother came out and said; "There's nothing in it, Annie. Don't be frightened," Defendant said: "Isn't there nothing?" and took something from his pocket. He said: "No, I won't shoot you. I'll shoot the — — of a woman I've wasted my life for for 14 years."
  Witness said: "Oh, come on, mother." and the horses started towards the gate. Her mother was running towards the buggy. She saw defendant fire a shot, and her mother fell down crying out: "Oh, I'm shot." She got up and fell again. Defendant jumped over the verandah and ran to the gate, and pointing his gun towards the buggy, said: "I have shot your mother, and there's one for you and one for myself." Witness then screamed, and her husband and mother climbed into the buggy, and they drove to the Mundingburra Police Station, thence to the Ambulance, and from there to the hospital. She helped to undress her mother at the hospital, and now produced the clothes her mother was wearing at the time.
  By Sergeant Martin: Defendant was standing at the gate when he said "There's one for you and one for me." By defendant: Witness did not know if defendant had any drink or not. Witness did not abuse defendant. She had always treated him with respect.
  She did not tell her husband to give defendant a hiding. Witness was certain she saw the gun at defendant's shoulder before the buggy moved. The buggy was about 30 yards outside the gate when her mother was helped into it. Witness could not say if her mother had the deeds of the house. Witness gave her mother the house. By Sergeant Martin: She found 31 shot marks in the buggy afterwards. Joseph Stagg, who said he was known as Thomas Stagg, and was husband of last witness, gave corroborative evidence. Witness had had no quarrel with defendant and had been on good terms with him.
  At this stage the hearing was further remanded until the 23rd inst. Mary Elizabeth Barr⁶
• 31 Mar 1914: SHOOTING CASE. At the Police Court on Monday before Mr A. Dean, P.M., Allan Barr, on remand, was charged with unlawfully attempting to kill one Elizabeth Barr, at Rosslea Estate, on March 7, 1914. Sergeant Martin prosecuted, and the accused was undefended. Lucy Lowe, a single girl, residing with her mother at Hermit Park, stated she knew the defendant, and also Elizabeth Barr, who is her grandmother. On Saturday afternoon, 7th instant, she went to her grandmother's place, in company with her mother and step-father, about two o'clock, and after a little while drove away. They came back about 7 o'clock, and on the way back passed the defendant on the road. When they arrived at the house, her grandmother and cousin were there. Shortly afterwards the defendant came in the gate and closed it behind him, and went into the house and then on to the front verandah. At this time, Mrs Stagg was in the buggy, and her husband was standing at the back of it. Witness went to catch a pony, and they were all standing near the house. Witness heard some words being passed between the defendant and witness's mother, but she did not know what they were exactly. The defendant started swearing, and witness's mother told him he would not stay it to a man. The defendant said—"Where is your husband?" and witness's step-father said. —"Here I am." Then the defendant entered the house saying, "I'll soon settle you." He remained in the house for some time, striking matches, and going from one room to another. Witness sent her cousin in to see what he was doing and she came out quickly. Witness was then harnessing up the pony, for her grandmother to come to town. The defendant came out to the front verandah with a gun in his hand, and witness heard him using bad language. He put the barrel of the gun against the post to take aim, and he then said, "I'll shoot the lot of you." Witness's grandmother said—"Don't be frightened Annie, the gun's not loaded." The defendant said. —"Ain't it? I'll soon show you whether it is or not." He then to witness's mother said.—"Go, say go; leave the yard, or I'll shoot you's." The buggy was then driven towards the gate which witness's step-father opened. Witness's grandmother said she would go with witness's mother, and the horses bolted out towards the front of the house. Witness then heard a gun shot, and she saw her grandmother fall. Witness thought her grandmother was nine or ten yards away from the defendant when she fell. When she did, she said.—"I'm shot, I'm shot."
  Witness's mother said.—"No, you're not." Witness let the horse go, and ran to her, and saw bloodstains on her sleeve. Witness's step-father and witness helped her grandmother into the buggy. When the buggy got outside the gate, the defendant jumped the verandah rail, and ran towards the gate. When he got there, he put the gun up and said.—"I'll shoot you's," or something like that." On the 5th instant, witness, defendant and her sister were out riding, and when passing one of the neighbors' places, some dogs rushed out at the horses. Defendant said he would shoot them one of these days; and also said that he had three cartridges at home.
  Dorothy Barr, daughter of Elizabeth Barr, stated that on the morning of the 7th instant, defendant and her mother had a few words, and defendant called her mother a bad name. Witness also gave corroborative evidence to the previous witness in regard to the shooting.
  Dr Breinl, duly qualified medical practitioner, gave evidence to the effect that he saw Elizabeth Barr on the morning of March 8, at the Townsville Hospital and examined her. He found she was suffering from shot wounds on her back, and on her upper left arm. The wounds were only superficial, and out of them a number of small pellets of shot were extracted.
  Elizabeth Barr stated she was the wife of the defendant in the case. The witness was then informed of the charge against the defendant, and that she was not compelled to give evidence against her husband on this charge. She was asked if she was willing to give evidence, and she answered "Yes". The witness thereafter remarked.—"I don't think I will give evidence against him." The accused, who reserved his defence, was then committed to stand his trial at the next Criming Sittings of the Supreme Court to be held on May 9th next. Mary Elizabeth Barr⁷
• 23 May 1914: Northern Supreme Court. CRIMINAL JURISDICTION.
  The criminal sittings of the Northern Supreme Court was continued on Friday before His Honor Mr Acting Justice Jameson.
  Allan Barr charged with the attempted murder of Elizabeth Barr, at Townsville, on March 1, pleaded not guilty. Mr Hutcheon (instructed by Messrs Roberts, Lea and Barnett), appeared for accused.
  Constable C. Littman, stationed at Townsville, detailed a conversation he had with accused on the evening of the occurrence prior to his arrest, in which he said the charge was a — lie, and that he had only used a blank cartridge. "Annie and Tom Stagg," accused continued, "came to my place, where we had a row. I told them I would shoot them, but fired over their heads." When told his wife was shot, prisoner asked if she was much hurt.
  Cross-examined by Mr Hutcheon: Prisoner was sober, but had evidently been drinking. Constable Jas. Portley, stationed at Mundingburra, confirmed the previous witness's statement. He arrested prisoner on the present charge, when he stated. "It is a lie. I don't believe she is shot at all." On March 8 at prisoner's house, he found a single-barrel breech-loading gun, which he produced, also some clothing and a cartridge from Mrs Stagg, and six pellets received from Dr Breinl. Witness examined a buggy at Mrs Stagg's house, from which he extracted five or six pellets out of a number embedded in the back of the buggy.
  Cross-examined by Mr Hutcheon: On Sunday about 11, witness was at prisoner's house. Did not see a cartridge on the gate post, which was about 8 feet high. The cartridge was handed to witness on Wednesday. He possibly saw Mrs Stagg on Tuesday. The buggy was examined by witness a week later. The pellets were on the back of the buggy and the back of both seats—about 30 marks. The shot was small. The whole 36 would fit on a shilling. The spot where Mrs Barr was alleged to have been shot was 20 yards from the house. There were bloodstains on the garments given to witness.
  Annie Stagg, wife of Joseph Stagg, said prisoner was her step father. Prisoner had been away from Townsville for years, but returned a few weeks before the occurrence. On March 7, witness drove to prisoner's house with her mother and husband, and a couple of children. Asked her mother to come for a drive, but she said there might be trouble if she did. Prisoner said, "Yes, there would be." Returned about 6.30, when they passed prisoner, who arrived soon after. Prisoner entered the house by the back, and came on the front verandah. Witness asked her mother to come with her, and she consented. Prisoner said, "Yes, you had better all clear out." After some hot words, prisoner went inside and struck some matches, coming out with a gun, saying, "Where are you now?" to witness's husband, and pointed the gun at him. Witness's mother said the gun was not loaded, prisoner had two cartridges in his hand. He opened and closed the gun, saying, "I won't shoot you, but I'll shoot your mother." Witness leaned the gun on the verandah post, and fired at Mrs Barr, who was going quickly towards the buggy. She fell, crying out, "I'm shot." She got up again and came to the buggy. Prisoner jumped from the verandah and ran towards the gate, saying, "I have two more cartridges, one for you, and one for myself." Witness identified the gun. All then drove to the Police Station, and then to the Ambulance and Hospital, with Mrs Barr. Witness identified some clothing worn by Mrs Barr, showing blood-stains, and over thirty small perforations, in the blouse. On the following Monday, witness found a cartridge on the gate post, which she gave to Constable Portley. (Cartridge identified.) Witness counted the shots in a similar cartridge to that produced, and found that there were 160. Prisoner did not seem drunk. Cross-examined by Mr Hutcheon: Prisoner could hear witness plainly at the gate from the verandah. Witness did not remember saying in the Police Court that she saw prisoner take a cartridge from the sideboard drawer. She saw him distinctly through the window, as he was striking matches. Witness owned the gun, which she used for shooting in the bush, and gave it to her brother, who was then at her mother's. She gave her brother three cartridges. Witness found a cartridge on the gate post, and gave it to her brother, who was then at her mother's. She gave her brother three cartridges. Witness found a cartridge on the gate post, and gave it to the constable the first time she saw him. The buggy was at the gate when the gun was fired, and her mother was coming to the buggy. Prisoner had been drinking that day, but could walk steadily.
  Dr Anton Breinl deposed that on March 7, Mrs Barr was brought to the Townsville Hospital, where he was in charge. She was suffering from gun-shot wounds on her arms and back. The skin was perforated, but the wounds were not serious. There were 30 or 40 perforations, and she must have suffered considerable pain.
  Cross-examined by Mr Hutcheon: The shots were extracted on March 8. A large number of shots had penetrated deeply, and could not have been extracted.
  by His Honor: The shots could not have penetrated the heart from the back, but might have, from the front. Jos. Stagg fully corroborated his wife's evidence.
  Cross-examined by Mr Hutcheon: Mrs Stagg and prisoner had a row, and angry words passed. They have previously had trouble about a horse. Mrs Stagg said, "Don't be frightened, the cartridges are blank." Accused was taking a deliberate aim when he fired. Lucie Lowe gave corroborative evidence. Mary Elizabeth Barr⁸
• 23 May 1914: AFTERNOON SITTINGS. After the usual adjournment the jurors not empanelled were discharged till 10 o'clock on Monday morning. Mr Hutcheon: Mrs Stagg did not say the cartridges were blank, but that there was nothing in the gun. Witness found a cartridge wad, marked it, and gave it to Constable Portley. She found the wad close to where Mrs Barr fell. Witness did not hear her mother tell her father to get out of the trap and give Barr a hiding. Dorothy Barr, an adopted daughter of Elizabeth Barr, said prisoner, after the first few weeks after his arrival from south became very cross and was constantly quarrelling. Some trouble occurred at breakfast on March 7. Mr Barr went to town that day and returned before dinner. Accused, at dinner, said his wife might be poisoning him, threw his plate on the floor and went to his room. Witness described the occurrences of the afternoon similarly to the previous witnesses. During the altercation prisoner said to Mrs Barr that she had better go while she was safe. Witness had seen two or three cartridges on the sideboard in Barrs' house. Accused did not show any signs of having drink on the day in question.
  Cross-examined by Mr Hutcheon: Witness had discussed the case with her mother, who told her what had happened. The gun was in the house when witness came, and the cartridges she first saw some time afterwards. This closed the case for the prosecution.
  William Barr, the prisoner, then gave evidence, saying that on March 7 he resided at Rosslea Estate, after being in Sydney and Melbourne for 11 years. His wife had visited her children in Townsville every year, for some months. Witness left the Liverpool asylum in Sydney for the indigent sick before coming to Townsville. On March 7 Mr and Mrs Stagg and some children came to witnesss house. Words occurred between himself and Annie Stagg about the adopted child, which Stagg thought was his. Mrs Stagg started annoying witness, and reckoned he was not working enough for her. Witness was very much excited over the adoption of the baby girl by a woman like Annie Lowe. Mr Stagg was under the impression that the child was his. That child was born in Sydney about two years ago, and was brought to Townsville and pushed on to Stagg as his child. Witness considered that a serious wrong and expressed himself to that effect. Mrs Stagg thereupon called witness a "bludgeon." At 7 o'clock he was again insulted, and sworn at and called a bludgeon. Mrs Stagg told her husband to get down and give witness a hiding. Witness got excited, rushed in, got a gun and cartridges, which he took to be blank, loaded the gun with one and came out. Witness had never seen the cartridges before. Stagg was approaching and witness fired, as he thought, over their heads, certainly at no particular one. Mrs Barr said "Don't be frightened. They are only blank cartridges." Witness was weak and excited, and fired to keep Stagg back.
  Cross-examined by Mr Ross: Witness landed in Australia in 1891, and had lately been travelling for Blackwell, a tailor, for five or six years, off and on. Was convicted of malicious injury in Sydney for having broken his stepsons window. He objected to Stagg being victimised by having an adopted child pointed on him. Previously to the occurrence, when he wanted to shoot a dog, his wife told him the cartridges were blank. The evidence that witness brought home the cartridges to shoot a dog with was false. Witness fired to keep the others from attacking him. This closed the evidence for the defence. Mr Hutcheon maintained that prisoner had given a straight-forward account of what took place. This account was corroborated by some of the Crown witnesses one of whom said Mrs Barr told Barr that the cartridges were blank. The gun was not prisoner's. Prisoner was excited and feared an assault, he searched for some time, and thereupon could not have known where the cartridges were. Prisoner came out in an excited state, rammed in the cartridges and then heard Mrs Barr say they were blank. He took her at her word, and had sufficient provocation for firing, fearing an assault. He asked the jury to decide that prisoner had no intention to injure anyone in firing the gun.
  Mr Ross said the case was a very simple one. The question of intention was the only one really to decide. That prisoner shot his wife there was no doubt. Accused did not say he thought the cartridge was blank before he put it in the gun. He loaded a lethal weapon, and came out with intent to shoot someone. Why should Mrs Barr say the cartridges were blank? There were no blank cartridges sold except for ceremonial purposes. Prisoner had confessed to have been in a state of passion at the time, and everything pointed to his shooting at his wife to kill her. His threats to shoot someone pointed to this. His intent must be drawn from his act. When a man says "I will shoot you" and then shoots he must surely be accountable for his action. To find accused guilty of a common assault would be taking a much too lenient view of the matter. Prisoners plea of acting in self-defence was absurd, upon the face of it, as all were moving away from him at the time.
  His Honor briefly summed up, recapitulating the evidence for the Crown and the defence. After argument by counsel, his Honor directed the jury that they could find prisoner guilty for shooting with intent to kill, or of common assault. They must decide from the evidence whether they thought prisoner fired what he thought was a blank cartridge or not, and whether he aimed over the persons' heads. The jury retired at 4.40, and returned to court at 5.15, with a verdict of guilty of attempting unlawfully to kill. Prisoner was remanded for sentence, and the court was adjourned till Monday, at 10 a.m. Mary Elizabeth Barr⁸
• 27 May 1914: ATTEMPTING TO KILL. Alan Barr was presented for sentence on a charge of attempting to kill. Mr Hutcheon tendered a certificate of the prisoner's character. His Honor imposed a sentence of three years' imprisonment, pointing out that the offence was punishable by imprisonment for life. It was very strange that certificates of character were some times given by men who really knew little of the real characters of the man. The prisoner had been under the influence of drink, but for the protection of the public his Honor thought it as well that the prisoner should go to a place where he would be a stranger to that violent passion for a while. Mary Elizabeth Barr⁹