TRAGEDY ON COURT STEP

Auckland Star, Volume LXIII, Issue 160, 8 July 1932, Page 7

TRAGEDY ON COURT STEP

STRUGGLE FOR REVOLVER. MAN KILLED IN FIGHT WITH WOMAN. ACCIDENTAL DEATH VERDICT. Finding that Archibald Cecil Gibbs, a traveller, had been accidentally shot dend outside the Sydney Children's Court on Juno 8, while struggling with Catherine O'Byrne f< , '" the possession of a revolver, tho City Coroner (Mr. May) discharged tho woman, who had been charged with murder. Detective Sergeant Hayes said that when he asked Miss O'Byrne what hud led up to tho shooting, sho said, "Gibbs is the father of my child, and he was before the court for maintenance. Ho sat on tho steps of the court after leaving, and I said to the child: 'This is your daddy.' Gibbs said: "I don't want her. I'll kill her.' Tore up Photo. "Ho then tore up tluv kiddy's photo. All the time he was saying-, 'I'll kill her. I'll put you in gaol and kill her.'" Then, sho said, Gibbs attempted to take tho child from her, but without success, and he then said, "I'll never pay for the support of her. I'll kill you and" the baby, too." "He stooped to open a parcel he was carrying," Miss O'Byrno's statement continued, "and I thought he was getting a revolver and a razor to kill the child. I took the revolver from my pocket, and I said, 'See this, I came prepared. I was told you were going to kill or crucify me and the child.' "He ,made a grab at the revolver and suid, 'I'll blow your brains and the kid's brains out now.' I struggled with him for the revolver. He twistd my wrist and I heard a report. Then ho stepped back and grabbed the revolver barrel and my wrist. The gun went off, nnd I saw him stagger back and fall." Sergeant Hayes said that later he asked O'Byrne if, when she drew the revolver, she had it in mind to kill Gibbs. She replied: "No, I only wanted to frighten him so that he would not kill my baby." She also stated that Gibbs had served a sentence of 12 months over money she had given him to mind while she was in hospital. Spent £450 of Woman's Money. Sergeant Hayes said that O'Byrno described a meeting with a friend of Gibbs, who, she said, had warned her to be careful not to go near the Gap, or the Bridge, or a ferry, or near where sho could be thrown under a train, as Gibbs had said that he intended to do away with her. Mr. Sproule (for O'Byrne): Did yon ever ascertain from tho woman how much money this man had robbed her of? Detective Hayes: Four hundred and sixty pounds. She had to go on the dole? —Yes. Gibbs, according to a brother, Walter Gibbs, was a married man with two children. Giving his finding, Mr. May said: "This unfortunate woman was in trying circumstances, afraid for her child and one can quite understand that the gun may have gone off accidentally while the man grasped her hand. Ido not see any reason to send this woman for trial. It seems to me a travesty of justice. No jury would convict. Ido not even intend to mention her name in my finding." Compliments were paid by both the. coroner and Mr. Sproule to "the gentle and considerate way" in which the police had handled the case.