SHOOTING IN SHOP

Press, Volume CII, Issue 30073, 6 March 1963, Page 14

SHOOTING IN SHOP

Accused Not Guilty (N.Z. Press Association) HAMILTON, March 5. After a retirement of three hours and a half, a jury in the Supreme Court at Hamilton tonight found Michael Kaloxylos not guilty of the manslaughter of John Gilbert Ellice. Kaloxylos pleaded not guilty to the charge, which was a sequel to a shooting accident at Waipahihi, near Taupo on September 17 last year. Kaloxylos (Mr R. Stacey) was discharged by Mr Justice Woodhouse. Mr D. W. McMillan prosecuted. Clarence Ellwood Baker, a painter, of Ohakune, said the accused took him to the house at the back of his shop to view a rifle he had borrowed. The accused brought the rifle from the bedroom into a lighted room. He had some live rounds on the bed. They were ejected from the rifle by the accused. At that stage. Ellice, who was at the window talking to the witness, called out to Kaloxylos to put some more bullets through the rifle so he could see how it worked. The witness said he picked three bullets up from the bed and handed them to Kaloxylos, asking him to run the bullets through the ejector system so Ellice could see. Kaloxylos put the bullets in the magazine. At that stage Kaloxylos moved the barrel of the rifle from the left window to the right and Ellice also moved from the left window to the right. Kaloxylos proceeded to eject the bullets. One appeared to jam. Ellice call.ed out: “Knock it down and thump it.” The end of barrel was less than a foot from the window. All the witness heard was a click and then an explosion apd Ellice fell backwards from the window.