DUEL CHALLENGE ALLEGED

Press, Volume LXXII, Issue 21701, 7 February 1936, Page 7

DUEL CHALLENGE ALLEGED

REVOLVERS PRODUCED AT REDCLIFFS

MAN COMMITTED FOR TRIAL

Allegations of a challenge to a duel with revolvers, at a house situated at 35 Estuary road, Redcliffs, were made in the Magistrate's Court, before Mr E. C. Levvey, S.M., yesterday, when Charles Roland Talbot, plumber and labourer, aged 29, was charged that on January 27, at Redcliffs, with intent to do grievous bodily harm he attempted to discharge a loaded revolver at John Proctor Fox. Talbot pleaded not guilty, and was committed to the Supreme Court for trial. Chief-Detec-tive W. H. Dunlop conducted the case for the police, and Mr W. R: Lascelles appeared for the accused.

Dr. F. L. Scott, who examined Fox on January 27. said he found on the right side of the head a small contused wound, which might have been caused by a blunt instrument such as the butt of a revolver. Fox, in evidence, said he had known Talbot for 17 years, and lor six months the accused had boarded in witness's house. Last month Fox disclaimed liability for debts contracted in his name. At 8 p.m. on January 27, Talbot called at Fox's house and accused him of spreading rumours, at the same time producing two revolvers, one of which he threw to Fox. Fox saw that it was loaded, and he refused to fight, throwing the revolver down and calling to a neighbour, Cossar. As witness turned around he was struck on the side of the head. Talbot covered him with a revolver and when Cossar arrived they went into the kitchen. When Cossar was called away a short time later, Talbot locked the door and demanded that Fox make a public apology for his earlier disclaimer. Fox attempted to open the door and Talbot said. "If you open it. you are gone." When the witness had partly opened the door, Talbot pressed the muzzle of the revolver against Fox's chest and Fox heard the sound of the striking pin being released. At that moment, Constable Johns and Constable Grayburn arrived. Talbot was sober, but very angry. In answer to Mr Lascelles Fox said he attributed a coolness between his wife and himself to the presence of Talbot. The Revolvers Tested Professor P. H. Powell, professor of electrical engineering at Canterbury University College, who examined the revolvers, said he had discharged both, one misfiring twice in five cartridges, and the other not misfiring at all. One cartridge, which he was shown, appeared to have misfired.

Amy Fox, wife of John Proctor Fox, said that Talbot left her home because of a conversation about the lack of privacy. Witness was away from home on January 27, and did not hsar of the trouble until 11 p.m. Cross-examined, the witness said that Talbot's mental condition and temperament had become worse during recent months, and he seemed worried, whereas previously he had been of a very Cheerful disposition. Esme Frances Fox, daughter of the previous witness, corroborated her mother's evidence. Fox had been treating his wife rather harshly lately, she said.

John Cossar gave evidence of answering Fox's call. When he appeared at the house, Talbot was very heated, but he later cooled down.

Constable Cecil Grayburn said he went to Fox's house with Constable Johns. Accused was inside the back door with a revolver in his hand and the witness immediately seized him and took the revolver away. A search revealed the other--weapon, and both were found to be loaded. Talbot seemed very excited and admitted striking Fox oh the head. Talbot also said, "I offered to fight a duel and threw the revolver at his feet, but he was not game to pick it up."

The constable told Mr Lascelles that Talbot, when arrested, did not appear to realise the seriousness of the position, as he joked and even sang. Detective Frank Sinclair said Talbot told him that Fox was given the chance of the first shot. Later he admitted having pressed the revolver against Fox, but denied pressing the trigger. Talbot pleaded not guilty and was committed to the Supreme Court for trial. No application was made for bail.