CHARGE OF ATTEMPTED WIFE-MURDER

Dominion, Volume 14, Issue 122, 16 February 1921, Page 8

CHARGE OF ATTEMPTED WIFE-MURDER

WOMAN SHOT DURING SLEEP I'"' MALAQUIN CASE BEFORE SUPREME court; [ ; . By Telegraph—Press Asuoolutlon. Christchurch, February 15. Tn the Supreme Court to-day Frederick Malaquin, aged 23, was charged with the attempted murder of his wife, Ruth Irene Malaquin, aged 21, at New Brighton on November 7 last. Mr. Justice Herdman was on the bench. Mr. A. T. Donnelly prosecuted and Mr. M. J. Gresson represented the accused. In opening the case for the Crown Mr. Donnelly said that the Malaquins retired about midnight on November 6, and during the night Mrs. Malaquin woke up, feeling a pain in her face. Accused was out of bed. He exp7aTne<T that 'he had heard a sound which frightened him. and he was about to investigate the cause. Mrs. Malaquin was kneeling on the bed with blood streaming down her face. Accused said, “What on earth have you been doing? Have you been frying to shoot yourself? There is a hole In your face/’ There was a revolve- lying on the bed, and Mrs. Malaquin was evidently under the impression that she had been shot by an intruder. accused had wanted to go for a doctor, his wife refused to allow him to do so. as she was afraid that the intruder might return to do her further 'hurt. The wound was in the vicinity of the temple.. An extraordinary feature of the case was that both went back to bed, where they stayed until daylight. Accused appeared not to know how serious the injury was. In t'he early morning accused rose, breakfasted, and shaved. He then proceeded for a doctor, to whom he explained that his wife had shot herself. Later he made a statement to the police, admitting that accidentally he had shot his wife, and stating that subsequently he became half silly with fear and did not know really what he was doing. Counsel referred to accused’s relations with other women. Accused was nominally good to his wife, and yet he met other women, suggested matrimony, and had intercourse with them. The main points for the jury to take into consideration were —(1) Why did accused not admit having shot his wife immediately after the occurrence? (2) Whv did he not go for help? (3) Why did he not immediately call a doctor? Mrs. Malaquin gave evidence on the lines of counsel’s statement. S'he said that they had been living together ever since, and she regarded the present, proceedings as sheer nonsense. ' Dr. Ackland described the course of the bullet, and its subsequent removal. Mr. Gresaon explained, by the aid of a pistol and two law books, representing twin pillows, how a revolver could lie placed under the left pillow by Malaquin in such a way as to produce a wound similar to that inflicted on Mrs. Malaquin. Dr. Ackland admitted that counsel's explanation was a feasible one. Accused, in the course of his evidence, said that he heard a sound as of a match being struck, and got up to investigate. He found nothing, and went back to bed. As he was placing his revolver under the pillow it exploded. His wife gave a shiver and groan. She. lay still, and witness thought he had killed her. He jumped out of bed, and lit -a candle. His wife turned on her left side, and raised herself in the bed. Witness helped her out of bed on his side. He remembered saying something about her being shot, and told her he would go for a doctor. His wife would not let. him leave her. In the morning he thought it looked bad for' him that ho had not got a doctor. 'When his wife made a suggestion about sleep-walking he grasped and stuck to it. When he was told by the authorities that the wound could not possibly have been selfinflicted, he was eick of the whole business, and came out with the true story. Counsel addressed the Court, and His Honour deferred his summing up till to-morrow.