MURDER CHARGE

Press, Volume LXXXI, Issue 24567, 16 May 1945, Page 8

MURDER CHARGE

ACCUSED FOUND , \ GUILTY MAN SHOT IN STREET AT WANGANUI /PAV ' WANGANUI, May 15. ( Found guilty of murder in me Supreme Court to-night. Jack Burman Barns, a labourer? aged 37, was sentenced by Mr Johnston to life . imprisonment wUh hard labour. The jury was absent for four hours 25 minutes, and it added to its verdict a strong recommendation t0 Barns Cy had pleaded not. guilty to the murder if a Norwegian, John Severin Berentsen. aged 46. a married man with three children, af Wanganui on April 3. In regard to the Jury’s recommendation to mercy, his Honour said it b® referred to the Prisons Board. Mr H. K. Bain presented the case for the Crown, and Mr R. S. Withers appeared for the H. R. Hawke gave-evidence that the accused walked Into the Police Station and gave himself up. ■ Accused said: “I used my .303 with a split-nosed bullet and shot him through the:guts. He talked too much.” _ Cross-examined, the witness said he did not know at the time that the accused was implicated In the shooting. Statement by Accused Dptpotive-Serecant J. K. Robertson read a statement which he said -bad been T by the accused on April 3 a the day ofthe snooting. In this the accused was stated to have said: Shortly after U a.m. today I was in a bar talking when'a man I know well by sight, but not byname, came in He was skitlng about Evans of the Broke. He started • talking, to me, something to the effect that his sister had married Evans of the Broke.^. nd T hj v-Wnned me as being a bit of a-liar, T-chipped him a bit over what he was saying. I disapproved of what he was say®®Eventually the talk got personal, and he said I was Ignorant. I definitely could not say what time I left the hotel. with this man, but I said I would show tiim where he got off meaning I would- call his bhiff. I thought he was a plain liar. .He spoke of being six years in China, and., of bav ing. known Sun Yat-sen. I certainly go_ fairly drunk, but could walk, abd was capable of driving my motor-car. . ■ Here the statement described taking a loaded rifle out from under a. bea m_a house in Hardy street where the aMused lived “When I took the rifle from my home to-day. I had in mind that Lwordd make him back down. on some of the statements' he had made, . and I" thought, he would take fright and back down as soon as I challenged him with the me in my hands. Klfie at the Hip _ “When I went to him in the street, I stood three or four yards away from him. I carried the rifle at my hip. I am used to carrying it in that, position. I knew there was some conversation between us. but I do not recollect any woixjs that were said. He showed no signs of hacking down on anything he . said, and was as positive as ever. I knew l had the second finger of my right hand on tiie trigger. That is my custom. I knew the rifle was In order for shooting, but did not intend to. shoot. I cannot account for putting enough pressure on the .trig get to cause the rifle to discharge. Nether do I remember taking the safety catch o *“The rifle kicked back against me as I stood with it pointed at toe man from mv hip, and then I knew at, once that he would be shot, but I have no recoUections of what I did; with..the, rifle.- MY recollection is that 1, 4 a wav g to to my motor-car, and drove It away to Guyton street, and then on to the Police S The n iefence did not call evidence, but Mr Withers addressed the J u ry. f a y|®|> that the accused did not. point, at Berentsen, and had- reason to believe that the safety catch was still on when & got the rifle from the house. Counsel submitted that this andAragic haonening was a terrible accident. n. was for the Jury to say, whether :the Accused Intended to take, tiie life of another,., or whether he was guilty ofmansUrnghter because of culpable homicide without intent. CHARGE AGAINST WOMAN CROWN CASE CONCLUDED (PA) WELLINGTON, May 15. The remainder of the evidence in support of the charge againstLenaßoslta Bernard, aged 33. of murdering her husband, Mam-ice Bernard, in theti apartment at .street, Wellington, on February 5, was heard in the Supreme C< The lastio-t' the 18 Crown, witnesses left the witness box shortly before 5 pjn. Counsel for the defence announced, that he would not call evidence, and the Court adjourned until to-morrow. _ ■ ■ The trial is expected, to. -finish to-mor-row, only the addresses of counsel and the summing up remaining. Most + of _the evidence given to-day was similar to that in the Magistrate’s Court.' A .newwitness was a doctor, who told pf, a .briifce .hnd an abrasion he found on theaccused-when he examined her several days : after her arrest. .■ ■■■„: