'EXTREME PROVOCATION'

Auckland Star, Volume LX, Issue 182, 3 August 1929, Page 12

'EXTREME PROVOCATION'

1 HUSBAND ACQUITTED. ATTEMPTED MURDER CHARGE DRAMATIS INTERLUDES AT TRIAL. There were several dramatic interludes yesterday afternoon during, the trial at the Supreme Court of Robert Francis Maddox, aged 27, who was charged with attempting to murder Jerko Didovich, a Dalmatian, The case was the sequel to a sensational affair at Northcote on June 28. A previous charge against Didovich in connection with prisoner's wife, had iiot been proceeded with. A plea of extreme provocation was made by Mr. J. J. Sullivan, who represented accused. After a brief retirement the jury returned with a verdict of not guilty, and Maddox was discharged. Mr. V. R. Meredith, prosecuting for the Crown, said accused was told by his wife that Didovich had criminally assaulted her. He took a revolver, I pointed it at him, and pulled the trigger, but the cartridge failed to explode. There could be no dispute about the facts or that accused attempted to murder Didovich, and announced his intention of shooting him. The jury might feel that such a story as accused's, wife told him was calculated to make a man almost demented, but the law did not allow him to take matters into 'his own hands as lie had done. In a statement made voluntarily to the police, Maddox had said that after his wife complained to him he took down an old- automatic pistol which he had had for ten years. He tried to put it. in working order before he went in search of Didovich. When he chased the Dalmatian he took several shots at him, but the weapon would not fire. Later he chased Didovich out of his own room, where he took two rifles and a shotgun, because the pistol would not work. Fortunately he failed to find the Dalmatian next day. "Sign, or Die." In, evidence, Didovich said accused lived about 500 yards from him. Witness and accused used to cycle to work at the quarry. On June 2S Mrs. Maddox called at his . house with her husband's working trousers, which she asked him to take to accused at work. _ When he got home about 9.30 that evening, he received a. message asking him to go to see accused. He went, and accused placed a paper before him. Maddox pointed the pistol at him and "Sign this, or you will die." Witness 1 ran out of the house and accused followed him. Mr. Meredith: Did he tell you what was iu the paper that he wanted you to sign ? Witness: No. Didovich explained that the rifle>pro--duced was just behind his bed. • He allowed Maddox to keep 'it in his (witness') house.' MaddOX did not tell him why he wanted to shoot him. Mr. Sullivan: You are a married man, I think! —Yes. But your wife is not in New Zealand. She- is in Dalmatia, I. think? — Yes. 1 Witness said Mrs, Maddox told him not to take the trousers to her husband, as he might'"think something > bad." Mr. Sullivan; ■ They had been very good to y0u,.1 think?—-Yes, very good. : Appeal to the Judge. When Mrs. Maddox came to your house that day for her husband's trousers, did-anything happen between you? Witness paused for a long time and then, "turning to, the judge, he asked: "Must I answer that question, sir?" . The Judge : Yes. Witness hesitated still longer, and then in a low voice replied*. "No." , Mr. Sullivan: Why did you aßk the judge whether you had to answer that question ?, - • Witness: I didn't know. His Honor: You had better tell the truth about the matter. ! Tony Salle, a Dalmation, said he lived and Worked at Takapuna, and had been living with Didovich. He took the message asking Didovich to go to,Maddox s house. Later accused went out with a gun to find Didovich. He complained that the last-named had got his wife by the throat. Accused and Didovich had been on very friendly terms." Anton Zuleva, another Dalmatian, said he saw accused get three guns from under Didovich's bed on the night of June 28. Next morning he went out with one of the rifles in search of Didovich, but he did not find him. Detective Knight, who visited accused's house, said he found there a pistol, produced. In the breech was a live ball cartridge, which showed the indent of the striking pin, although it had not been discharged. The spring was weak and the mechanism of the pistol was choked with grease. He also found in the house two rifles, with loaded magazines and a shotgun. Accused "Terribly Upset." Mr. Sullivan said the nature of the defence was extreme provocation. If the gun had gone off and the man had been killed, when the husband was under the impression that his wife had been outraged, that would be sufficient in law for the crime to be reduced from murder to manslaughter. A sudden confession such as 'his wife had made would have precisely the same effect as -discovery of the act itself. Accused was raving all night and could not "rest or sleep. He was in such a state of mind that he could scarcely tell what he was doing, and his action wa*s due to' the mental anguish he was suffering. Giving evidence, ,Maddox said he regarded Didovich as his greatest friend, and he had no suspicions concerning him and Mrs. Maddox. He was terribly upset by hie wife's statement, and he, did attempt to fire thej>istol at him. Accused added that from, a statement which his wife made to him later, he came to the conclusion that Didovich was not so much to blame. He had now forgiven hie wife,and they were living together again. » . *; a Vivienne Maddox, wife of accused, said that on June 28, something happened between her and Didovich. She told her husband 'that Djdovich had assaulted her, but that was not true. Accused went nearly mad and did not sleep at all during the night. Addressing the jury, Mr. Sullivan saad the test they must apply in deciding the case was whether the provocation received by accus ed was such &s to deprive him of Ms powers of control. Mr. Justice Herdman, in summing up, said the case was a very clear one, and there was no doubt that accused attempted to fire the loaded pi&tol at Didovich. No doubt it was perfectly true that Maddox was greatly distressed, but it could not be said that he acted on the spur of the moment The jury were absent less than a quarter of an -hour and returned a yer4ict of not guilty