ALLEGED ATTEMPTED SHOOTING.

Press, Volume LXII, Issue 12174, 20 April 1905, Page 4

ALLEGED ATTEMPTED SHOOTING.

THE CASE DISMISSED

At the Lyttelton Magistrate's Court yesterday, before Mr H. W. Bishop, S.M., William Henry Francis Nott was charged on the information of William Nott with having, on April 17th, with intent to do grievous bodily harm, pointed a gun loaded with powder and shot. William Notf, wharf labourer, residing in Salt's Gully, stated that accused was his adopted son, and lived in the same house. Witness went home to his dinner at 11.30 a.m. on Monday. The accused was in the kitchen with a gun, which he hung up in his bedroom, after which he went away. Witness was unable to say whether tha gun was I loaded or not. Witness went out about ! 1 p.m., and locked the door. When he returned at 6.30 p.m., his wife was away in Christchurch, Eut he found the door broken open, ..and the. accused in the house. In answer to witness, accused said that he had opened the door, and also said, "The house is not yours." Witness said he would go and tell the police. Accused ran into the bedroom and came out with the gun, which he pointed at witness, saying, "Go for the police, and I'll serve them, the same." Witness then went out, and accused shouted, "If you don't bring the polios you'll be a dead man before you enter the house." Witness could not say if the gun was then loaded or not. He was quite sober at the time. Witness brought Constables P. Moore and Bagrie. and as they got near the house accused called out from behind them, and threatened to "do them the same. He was on the road, and the him with the gun hand. He leaned the gun up against the wall by the side channel. The, constable asked him if he had got anything more with him. He resisted arrest very strongly, and afterwards said, "I meant to do it." To Mr Beswick: The lock of the door Ead been forced open and witness had intended to inform the police of this. Accused had brought no rabbit* home' that day. Aocneed had no- right' to break into the house, but he would not go away. avukiina no in tftA mn.

Corroborative evidence as to the conduct of accused on his arrest was given by Constable P. Moore, who produced two cartridges, which he had taken on* of accused's pocket. They would fit th»» gun. In reply to his Worship, witness said that the gtm was not loaded when tie took it away from accused. Both complainant and accused were sober. Mr Beswiok said he thought no defence was necessary, as it had not been proved that the gun was loaded. , . His Worship remarked that the'language and conduct of accused showed him to be either a lunatic or a dangerous man. ' However, the information having been laid as it had, his Worship held that the charge had noi been proved, and he would dismiss the case. The complainant had a remedy under section 8 of the Justices of the Peace Act, which afforded him ample, protection.