THE FIELDING SHOOTING CASE.

Otago Witness, Volume 11, Issue 2280, 11 November 1897, Page 15

THE FIELDING SHOOTING CASE.

"Wellington, November 8.

The case of R*gina*v. Looney wair v argued in the Court of Appeal 'this afternoon. This ii the J?eilding shooting ease in which Thomas Lconey and Anuio Looney were charged under section ->177 of the Criminal Oode-with having wounded Dr Charlton at Feilding with intenb to do him grievous bodily barm. The female prisoner had fired eight shots with a revolver in the Feildiug streets, tb.9 .male priioner having provided her with' 'the weapon and ammunition and, being present, encouraged ber: ' The Chief Justice direoteS the -jury that if they 'thought what was done was done recklessly and ' in a spirit of ;general bravado, but without the intention of wounding Dr Chnrlton ; or any -pnrsoni and acquitted-"T)riaoDer« on that account, they might if they took that view of the facts* convict <of .wounding simply, thtit 'feeing an offence . under section 186 of the Criminal Code. The jury 'found Kie' prisoners, guilty pf "wounding without intent. The Chief Justice reserved for consideration of the Court of Appeal the question whether the .direction .was right, and whether conviction 6t .'an 'ofEence under section J. 86 could 'be -sustained. 'Thotjuection .maltes it an offence to clo acbual bodily heufmto «Byiperaon under such circumstances that if death'had been caused it would have been manslaughter. The question involved was -whevher the offence. of wounding wi,thautent t^;do-grH>vous;boduy,bann included the lesser offence of^ wounding rtckle s'y under circumstances which would have v made iji'manßlaughter if death had ensued. Ib ' ■ 'W*b contended for the Crown that the wounding charged iin" the indictment muefi mean unlawful wounding -vsif-h intent; that an. offence under section 186 might *be ' described as uiJawful-. wounding- tcouffh without: intent, and that therefore the .- office under section 186 was included as a minor offence !a the indictment, and that the jury had sufficioutly and properly convicted of such an offence) The courb, however, held unanimously that there was so much dopbt whether the indictment sufficiently covered the offence under section 185, that the ptisoneteiOMght to have tho benefit "of tbe doubt, and they direVed a verdict; of not.guilty to be entered. Mr Gully appeared for the Crown and Mr Wilford for • prisoners. The court adjourned to- Wednesday at 11 a.m. for the delivery of judgments.

Last week 1644 tons pt ooal were exported -from G^reymoutbV " •'• ■.., .