THE UNWRITTEN LAW.

Auckland Star, Volume LV, Issue 114, 15 May 1924, Page 8

THE UNWRITTEN LAW.

SECURES MAN'S ACQUITTAL

SYDNEY SHOOTING AFFRAT.

OLD MAN ON TRIAL.

(From Our Own Correspondent.)

SYDNEY, May 10.

AVhat has become known as the "unwritten law," , though staled by the frown to have been thrown overboard as a complete deferce years ago, proved sufficient to seeuie the acquittal of Thomiis Charles Bath. 02, a contractor, at the Sydney Quarter Sessions on Thursday.

Bath was charged with having maliciously wounded Frederick Tremble. Outlining the Crown case, the Crown Prosecutor said that Tremble had knocked off work at Abbotsford on March 24, and was followed from his place of employment by Bath, who had known Tremble for some years. The latter turned and asked Bath why he was following him, remarking: "Why don't you speak up like a man? Haven't you done mc enough harm?"

The accused, it was alleged, drew a revolver, saying "I'll give you some more." Tremble closed with him, and during the struggle the revolver exploded, Tremble being sliot through the right breast. A man standing nearby wrested the revolver from Bath, an* when the police arrived Bath admitted that he had shot Tremble.

Aery friendly relations had existed between Tremble and Bath's wife, the Crown Prosecutor continued, and Tremble's wife had divorced him on the ground of misconduct with Bath's wife. Tremble did not defend the suit, and at the time of the shooting, Tremble was boarding with Mrs. Bath at Abbotsford.

■'Xo man." the Crown Prosecutor averred, '"can take the law into his own hands to remedy a real or fancied grievance. The man in the dock told the police he shot Tremble because he had broken up his 'home. That is the excuse of the backwoods of years ago. The law provides for a man to get rid of his wife, as Mrs. Tremble had got rid of her husband, and the law says, after having provided all these things, that no civilised man in a civilised community can take the law into his own 'hands and shoot another man in those circumstances. As representatives of the public, the jury must not let sympathy run away with their minds." Bath, from the dock, stated that he fired the shot in self-defence.

"My wife." he said, "was a good woman until she met this man. He has ruined my life, and turned the children against mc. When I fired the shot he had mc done. I -was about knocked out."

IJath said he had offered to forgive his wife for what she had done, but she still carried on with. Tremble.

Despite the Crown Prosecutor's warning, the jury, after a short retirement, returned a verdict of not guilty, ■ and Bath was discharged.