CITY SHOOTING CASE.

Dominion, Volume 3, Issue 735, 7 February 1910, Page 6

CITY SHOOTING CASE.

"NOT GUILTY."

"UNWRITTEN LAW" MENTIONED. THE,DEFENCE: MENTAL STRAIN. The criminal eeasions of the: Snpremo Court were continued' on Saturday, before Mr. Justice Chapman.. , ■ .

Joseph Williams , was charged with that, on December l.last, lie. attempted to . murder Francis ! Joseph Martin (at Ghuznee...Street),; Other-,counts, charged him (1) with having discharged a revolver at. Martin, with:intent ,to maim him, and (2) .'with' '.having . caused.. him actual bodily harm. » ,

Mr. M. Myers, (Crown Prosecutor) conducted :the prosecution, Mr. T. M. Wil-: ford.'and .Mr. H. P. 1 : O'Leary;. appeared 'for -the i accused,., and Mr. V. R. Mere-" dith watched proceedings on behalf of •Franois Joseph : Martin. ■ ■ ■

■ • "No Life.Would-Be Safe.", i'-.Mr, ;Myers, •• in". opening - the ; case,.said Martin was ft son-ill-law of tile accused. •It would. appear' that, ly—Martin eaid iwrpngly—acouMd, had- : a notion; '. that'' • there, -had .been, impropbr ; relations between Martin "■ and ' 1 a younger Daughter of this accused '-.than ' the daughter whom Martin '•'had "married.;.i 'livep if :-that ; . had-been/M,.//accused' .had .no : right to take. .the. law./into ~ his■; own hands. That unwritten law.,, had never found', favour'in';' the .British' Dominions;, andhe hoped itnevcr would.;. No.'life would ,bo safe,' if such- a';- suggestion operated as a good. defence in . the • minds ,of jurors.lt', would. mean .that, 'whether, a person was : right' or wrong' in. his/belief, so long.'as He had ~ a v/ell'founded belief,' he would be entitled; to. use a' lethal' weapon on' the' person whom ..he /thought - had. dorie , him / o!n injury.'. The law did recognise, , a defence of provocation, however, inasmuch as .culpable', homicide—otherwise 'murder—might be reduced to manslaughter, if the act ;w'as' committed .in a fury of .anger, ;caused by provocation/ and before there : was ".time for the anger to cool; v ih .the. present case, acioused-had/bought. a' revolver ,on the previous/day,:; and wasapparently carrying it ;ih his pocket, with a. ■view,- to; usingit''oh Martin 'as soon •.#$ ;he met him. - , Dr. Henry; stated that .'.Martin had. a'bullet wound;'a groove half, an inch' long,, - between '* the 1 neck' 'and ".shoulder! ' - There 'wer'ei'holes in . the collar -of /Martin's nav.al uniform;' and;.''the/'edges ' ,were Slackened : as .though 'a firearm liadyb'een' discharged iat.-9105e.-quarter's.;,;.During ;!tho lexaihina;tion,. a' buUet :'dropp'ed";"from "the ..injured man's, tunic..'- •• v-... . -/-

/To'Mr.'Wilford:' A man. who had- lived 'temperately;' arid observed '■ regular/ hours !for forty;, years, .'could' be'.Jbrought into a nervous condition by mental .worry, and ■three" nights' pacing- of the/.streets.".- -; ! Mr. -Wilford : r I - put- it : to;ybu .'.that the accused.' is, a. mariv.'of 54 years ofr.age,. iwho'started manual work t in th 6 mines of .Cornwall', at six years of age,- and who has been engaged: at manual -labour; in the open' iiir all-his .life. "There.was no predisposition of weakness of. intellect,..hallucination, "or delusion, and-he'had lived, an ordinary,, tempbrate, even life.;Woiild his ,'mental condition-be -more• powerful •to resist-the; irilluences of worry .and Sleeplessness; than', that of a' man,- who was regularly ;drinking? . . Witness:,-Ho ';wou'ld':b'6|',more 'able to; "resist influences from., physical cause's than,from' mental'::br : ',moral 'causes.,.

; ..To Mr- 'Myers:*lt 'was./hard' $6..beliey.e ,that -a ,man ;would ;be in'the state - suggested, if" he <had' said' afterwards.:";, "The 'only' thirig 'I-'am soriy is I 'that . I did, not .'shoot,-him."' \ ' "" . ;\

The ;Sq,ehe in Gh'iiznee' Street. / ; Francis, Joseph. Martin,. ■ carrier,;- 'stated that," in December,';' he was; staying at 89 GhuznSe Street, i ; While proceeding down Ghuznee Street with; a man, Walls, on'their .way to .the..forts,: they .met the accused standing; by- the 'Albemarle Ho-;| tel. : Accused' stepped' out and said: "I want, to speak; to you.' Come on up the street." " Witness - walked- back with accused about; ten yards, leaving / Walls. Then', witness',stopped ,arid"said:, "If, you have-anythirig to say to' me, say it here;" Accuscd; replied:'. "No, come"'up' further." Witness J told' him , that. he. had to catch .the .boat at, 7.30, and they: stood where: .they were. Accused then ,spoke about his younger . daughter, and .said that witness' would ;be arrested. Accused had - made a. , charge against - witness three months previously, arid, witness had .always denieait. When accused made . the first,witness's "wife" was present.' Ori^ii.ally, tho .girl <had' -charged him- in .front .of his .wife,, arid;.persisted..in. her-.statement. until, witness got. a man-Webster. ,While the two were in Ghuznee Street, accused, asked : him'' why he would not go home , and face the girl.' Witness-replied that he hcid- already, faced"the girl,' and-would.* meet.; accused'/.in - the . place—in' Court. --Accused saidj will never see a Court." ' /.Witness asked: „ "Why ?" arid his ;father-in-law" replied'::', "l' : will.soon .you." Then; .accnsed. drew, a' revolver, and. on witness'.who ducked, | the bullet- grazing his neck. Walls then ■ grappled with accused and called out: "Run Frank;- or he will get, another.' into i you."- '-"■- - / - -

-To, Mr. Wilford: "Poppy," the younger daughter, was 14 years of age. . Alexarider. Walls, boiler-mfLker„;of ~89 Ghuznee Street; described tho' scene whe'ii the shot/jras,.fired.-' . - ;/■

Constable Quayle deposed' to : coining on the scene after' the/firing , of..the .shot.. Prisoner said. to him: ffl shot him ;. I'll' go' quietly." 'He 'also ' said: ' "I'll -,harig for him,"- arid also,- "Tho-'only thing I'm sorry,- for is .-that. I'-didn't- shoot -. the. scoundrel, dead"; arid later:- 'TTon don't want' ; any evidence. I' shot•;him; .'and' I'll hang'for/him." ' On the'; way ti>-, the' police/station, '.in'..' a cab,' accused began' to:cry.i,and,-'said:''-'My,.life's no good to me .now." ■ ;/-. /.;•:'

A: Pathetic- Recital.. The acouseid was put into the witnessbox. by Mr. "Wilford. Ho stated, that ho was a Cornishmari, and had, been in New Zealand about 21 years. After, coming to-New Zealand, he resided for 18. years at /Waipukuvaii, and'was- a ■: member , of the Waipukurau Koad Board and Waipukurau .Town Board. He', had ' been chief ruler.. and 1 trustee .-for the Eecha-' bites, and:.chief ranger and trustee for the' Foresters'. The daughter with whom Martin- had had improjrer relations had come-, to' Wellington with''her .'married sister, Mrs. .Martin. 'He questioned her, and afterwards informed the police, and was in communication'- .inth-' Martin's solicitor. The detectives -told him that it was doubtful if he would .• win' a- oase in Court.. When- he thought' it all over, he decided to destroy- himself. 1 He got no: sleep.- He decided to' jump off 'the wharf, but he -could/not do it, .because .he-fancied he, heard his' 'miller's voice saying:' "Joe, don't do it."';.' He went again to the' wharf-on'"'the'next' day (Monday), and tried ;to' do it, ■ bnt ■ something seemed to keep him' back. He wandered up the street, on ..the Monday and Tuesday, saw'' the and purchased it, to shoot, himself.-'On, the-day : of .the: shooting he'went:to the'house with Mrs. ; Williams, saw.: his.; unmarried'. daughter, kissed her good-bye, and left'.: He had no 0 f meeting .Martin,'again,,but saw him standing in the, street and went to. him and ' said: "I want'to. speak 'to you." He also, asked'where'Jenny-(Mrs.-Martin) was, and .'whether ■ she' was safe. Martiii replied that. she ; .was with- his friends. : Accused also ■'asked if Martinwas living with'another woman, and he replied ,that : that -was: His own business. Accused also asked'why'he did not go to see the unmarried daughter, and Martin said his solicitor' had advised him not to do sol Ho added that it'was-too late to take action. Accused also! questioned Martin about alleged improper relations ■. with another. ■ woman, and Martin ; said accused' should take the theatre and give'.; an entertainment, as, he would -make a .lovely mimic. Accused remembered nothing more. until he felt a powerful hand grasping' his arm and telling him to give up the revolver.' Cross-examined by Mi. Myers: Martin had from tho' outset denied the allegation as to misconduct . with accused's younger daughter.

"Ask Your Client to Stop Laughing." During the cross-examination, Mr. Wilford interposed, "You . might nsk your client to stop, laughing." . . . . . . Mr. Myers: I have no client. • Mr. Wilford: s^id 1 he was ■ referring to Martin, witness ifor the prosecution,- who was-laughing while his (Mr. Wilfoufs)

client was giving' .evidence., He wished to draw his Honour's attention to the matter.

His Honour said he had not noticed this.

Mr. Wilford then .addressed the jury. He laid stress upon tho mental, condrßon, of the accused prior to the shooting, and submitted that he was not responsible for his actions at the time. To say that he was responsible would be as reasonable as to indict a.man for threats uttered in his sleep. There,was no threat to kill until the time of the shooting. Counsel also" suggested that in. taking out, tho revolver in the, street, accused mea,nt 'to shoot'himself, and only shot Martin by accident., , ' ■ V . ,

'Mr. Myers contended that'as the defehc6. of luhacy had not been set up, the menial condition of accused could not be considered. There was.'no .medical evidence as to the loss of memory; Counsel suggested that accused meant to shoot Martin in the presence of his daughter. What accused had said'at the time of the shobti'ng indicated that it was. a deliberate .act. , ~ ,;, , .

'After a' retirement of. an .hour-and a half, the jury re-entered the: Court,' and the' foreman announced that they, found the prisoner not guilty-on: all counts. ; The prisoner was 'discharged.' ,-, The Court, adjourned until 11 a.m. today., • ...