PISTOL PRESENTED AT EMPLOYEE

Dominion, Volume 30, Issue 259, 29 July 1937, Page 5

PISTOL PRESENTED AT EMPLOYEE

Farmer Convicted and Fined INCIDENT “INTENDED AS A JOKE” Dominion Special Sekvice. Hastings, July 28. Claiming his action was intended us a joke but not as an intimidating joke, John Cuthbert Tesebemaker-Shute, farmer, Mangatahi, pleaded not guilty In the Magistrate's Court at Hastings to-day to a charge of unlawfully presenting a firearm. To two further charges of being in unlawful possession of an automatic pistol and being in possession of automatic pistol ammunition, he pleaded guilty. The magistrate, Mr. J. Miller, S.M., convicted defendant on the charge of presenting a firearm and lined him £lO, with costs £l/13/6, making an order that the firearm bo forfeited. On the charge of being unlawfully in possession ot an automatic pistol, defendant: was fined £.lO with costs 10/-, and . for being in possession of automatic pistol ammunition he was convicted and discharged, an order being made for the forfeiture of the ammunition.

In recording the conviction, the magistrate said there was direct conflict of evidence. ‘‘Two witnesses gave positive evidence that defendant came into a room and pointed an automatic pistol at the chest of one of them. Both are positive of that, and the evidence shows no reason why they should come to the court and commit perjury. On the other band, we have a man who said he was annoyed about his employees giving notide. 'There was no question that he had the pistol and he says it was a joke. If a man played a joke with a pistol, such as he wants the court to believe, then that man could not have been in his right senses. He may not have meant to use the pistol, but I cannot accept bis explanation.”

Teseheinakcr-Sbute was represented by Mi 1 . D. N. Seamiell, and Senior-Ser-geant G. Sivyer conducted the prosecution.

Gerald Martin Smith .said that until recently he had been employed by defendant as a farm-hand. On July 6 Miss Hunt, a domestic employed at defendant’s place, gave notice to leave. About 4 o’clock in the afternoon witness was in the kitehen having a cup of tea. Miss Hunt was also there. Defendant came t<> the door with an automatic pistol, which he pointed and threatened to blow out witness’s brains. He swore at witness, who commanded him to put the pistol away. Witness gathered that defendant’s idea was to intimidate biin against giving notice as two others had already done. Tcschemaker-Shute appeared to be crazy. Defendant then left the pistol on the table and went out and spoke to a cowboy. Witness had never given defendant any cause to threaten him. He had been working for him for 18 months. To Mr. Scannell, witness said defendant was quite sober at the time. He had made no joking remarks. The following morning witness gave notice, but did not leave until several days later. He bad threatened TeschemakerShute that he would report him to the inspector of factories for not keeping his wages and accounts in order.

Mavis .Edna .Hunt corroborated the evidence of (lie previous witness. She had been keeping company with Martin Smith, and defendant had told her before that he expected he would leave when she did. To Mr. Scannell witness said Tesche-maker-Shute bad been a hue employer. Martin Smith was sitting at the table when the revolver was pointed.

Sergeant J. Macintosh said he went to defendant's premises and made a search. Defendant told him he had not pointed the automatic to intimidate Martin Smith. He had been ‘‘put out” that day through three employees giving notice while he was busy with crutching. He told witness he had produced the automatic as a joke. He showed the pistol to witness. It was then loaded.

For the defence Mr. Scannell pointed out that Tescheinaker-Shute was a member of one of the best-known families in New Zealand. He was left with only one employee at a busy time. It was inconceivable that any employer would in such circumstances threaten his sole remaining employee. There were many witnesses about, added Mr. Scannell. Defendant could have done his threatening when Martin Smith was aloue. Defendant in evidence said he bad been living at Mangatahi for 21 years. He had felt, sure (hat Martin Smith would go after Miss Hunt left. He went into his bedroom to change on the day in question and picked up the pistol out of a drawer where it had lain for two years. He considered it unsafe to use, as the bolt was broken. He would not have risked using it. He had forgotten it was loaded. He intended using it as a joke. He jokinglysaid to Miss Hunt, ‘‘Now. Mavis, not three notices in one day.” He had carried the weapon in the palm of his hand and had not pointed it. Martin Smith asked what it was and he placed it on the table. He went out to speak to a cowboy and returned through tlie kitchen, picking up the pistol again. While it was lying on the table Martin Smith had opened the magazine. He (old Martin Smith he had been told the bullets would not kill a man. Martin Smith had given notice the following morning and had threatened to report him to the Labour Department. To Senior-Sergeant Sivyer defendant said he had bad a great deal of experience with guns, hut had never used the pistol produced. His action was intended as jt joke, hut. not as an intimidating joke. He had not attempted to explain his action later to Miss Hunt. He was used to joking with his employees, and occasionally hail meals with them. He frequently had tea in the kitchen with his employees. He would have expected Martin Smith to make some outburst if he had pointed the pistol at him.