SHOT AT DOORWAY.

Auckland Star, Volume LXIII, Issue 98, 27 April 1932, Page 8

SHOT AT DOORWAY.

TOMAHAWK MURDER CHARGE,

TRIAL OF O'CONNOR.

CROWN CALLS EVIDENCE,

(By Telegraph.—Press Association >

DUNEDIN, this day.

Addressing the grand jury in the Supreme Court yesterday on the charge against Lewis William O'Connor, aged 24, of murdering Findlay Douglas Buchanan, aged 24, at Tomahawk, near Dunedin, on March 30, Mr. Justice Kennedy said there might be evidence of consumption of much liquor by the person accused, but they would bear in mind that until the contrary was proved every person was presumed to intend the natural consequences of his own act. If n man under the influence of liquor intended to shoot another, and did shoot another, his drunken intent did not make it less a crime than if he was sober.

A true bill was returned by the grand jury.

The trial was commenced, and accused pleaded not guilty. Counsel for both the Crown and accused freely exercised their right of challenge in the selection of the jury.

Evidence was led to show that shortly after midnight on March 29 accused went to deceased's house and asked for a cigarette. Deceased gave him one and advised him to go home. Apparently they parted on good terms. Shortly afterwards, it was alleged, accused returned and shot Buchanan when the latter opened the door to him. Buchanan died shortly afterwards. Witnesses spoke of the drunken condition of accused about the time of the shooting. The jury was locked up for the night. When the bearing was continued today John Kenneth Begg, a gunsmith, gave evidence that the gun produced was quite safe and not likely to go off accidentally. It would not be "possible to discharge it without a pressure on the trigger. He had made tests to see if it would go off accidentally, but could not discharge it. Cartridges produced fitted the gun.

Cross-examined, witness said that if the trigger were caught in the button of a coat the gun might go off. When the hammers were up it was possible for the gun to go off if the trigger were caught in the loose strands of a sweater. Constable Parkes gave evidence that when he was handed the gun the right hammer was cocked and the left hammer was down. The gun was open at the breech. Later he found an undischarged cartridge lying in the water-table.

The case for the Crown is proceeding.