SERIOUS CHARGE

Evening Post, Volume CXXIX, Issue 33, 8 February 1940, Page 9

SERIOUS CHARGE

USE OF REVOLVER

ALLEGATION OF ATTEMPTED F.IURDER

The alleged firing, of two shots, one blank and one live cartridge, from a revolver in Jessie Street on. November 25 last, was the basis of charges of attempted murder and discharging * revolver with intent to do grievout bodily harm, brought in the Supreme Court yesterday against Charies Theodor Nelson, a seaman, aged 51. The man on whom the alleged attempt was made was Stanley Meredith Hunt^ a slaughterman.

The case was. heard by Mr. Justice Ostler and a jury; Mr. W. H. Cuti-' ningham appeared for the Crown, and Mr. R. Hardie Boys for the prisoner. The Crown Prosecutor said the main, facts of, the case were beyond disi pute. The issue to be ( carefully coni sidered by the jury was the question of the intent with which the act was performed by the accused. The deliberate firing of a dangerous weapon at a man almost implied in itself that there was the" intent either to kill him or seriously injure him. No doubt the defence would raise the issue of drunkenness. The general principle of law was that drunkenness was no excuse in the commission of a crime; but if a man were so drunk that he could not form any intention at all that would negative the essential part -of both counts against the accused. •'■■ ■ Hunt, continued Mr. Cunningham, was visiting hi? sister's apartment house in Jessie Street, where the accused lived. He was listening to the wireless, and about 4.35 p.m. the accused walked in and sat on the sofa. He entered into conversation with. Hunt, but apparently received an indication that Hunt wanted to listen *n and did not want to talk. The ac» cused swore at him several times and then left the room. ■ :- ■ 'It would appear that when Nelson went but he went,upstairs and got the revolver. , He returned to the sittingroom and started another conversation, which turned to wrestling. The accused said: "You think you have got one on me. I've got one on you." Hunt then turned the wireless oil rather loudly! The accused took oft his coat and waistcoat, went to the wall, furthest from Hunt's., seat, and took the revolver from his hip-pocket. The. accused.said: "This is a blank cartridge—l'm going to shoot you.'* He.fired, and the cartridge was • blank. He then rushed up to within a few feet of Hunt and said: "This is a live cartridge—l'm going to blow your brains out." The revolver was fired again, but, fortunately for the accused and Hunt, Hunt ducked and the bullet entered the wall a few inches above the top of the chair. Hunt getting the discharge of smoke and powder in his face. Hunt kept very cool. He told the accused not to be a fool and after a few seconds left the house quietly. The police arrived within half an hour, but :the accused, who answered the. door, said there had been no disturbance. Hunt would say" that Nelson was the; worse, lor. liquor, but both police Spfficerswouid-say " that although the accused smelledhof liquor he appeared,; to be quite sober and sensible. ■; , The accused was accosted at the corner of Vivian and Tory? Streets and a revolver and thirty-six cartridges, together, with an empty shell, were taken from him; He said he had been on his way to "dump" the revolver. STATEMENT TO POLICE. When the accused was questioned by the police he said: "Hunt is a• —— Communist. You will^ give me 'in square deal, I know you will. I can shoot straight. I'm good with a re* volver; I can hit the bull's-eye nine put of ten. I have been to the States, you know. I admit having a shot at him this afternoon; if my eyesight wasn't so bad I would have got him. This will be the end of me now." Hunt said in evidence that he would not speak with drunken men, and that apparently was the reason for Nelson's action. ~'.-• Cross-examined by Mr^ Boys, Hunt said he had hot had an argument with Nelson about a motion passed by the Seamen's Union condemning the actioa of the Russians; m; invading Finland. FREEDOM OF VIEWS. Mr: Boys: You are; in fact, a Com-munist?-i-Yes. '. .;. And a-very^-active-onev-r-1-have been. And you have" been to Russia?— Yes. His Honour? This; is a free country and any person can hold any political views he likes, v He;is:n6t doing anything illegal in being a Communist or in holding Communistic views. He only does something illegal; if he does anything seditious, ;and being a Communist'is. not being seditious. The witness also denied ithat he had threatened to knock: Nelsorifs- head off. • Mr. Boys, opening^ the case for the defence, said there was no dispute that Nelson fired a shot, but it was denied that two shots were: - fired—the extra shell had been produced by a mental defective, and it was not a blank. The accused did not know the revolver was loaded, and wh?n it went off he got a greater shock,than Hunt. r . Ke was a good citizen and lived a quiet life, but cataracts on both eyes had made him despondent.and^e had, been drinking more than he- sht>uM. He had found the revolver, which he had had when he we., in New Guinea and New South Wales, when he.was turning out his clothes that morning. He - and Hunt had got into an .argument about a resolution condemning Stalin passed by the Seamen's Union, and the accused objected to Hunt, a Communist, characterising him as a "scab and a "bosses' man." . GUIIiTY ON THIRD CHARGE. Mr. Boys, in his final address to the jury, in which he stressed the importance of the Crown's proving intention on the part of Nelson, said that, although he was instructed that there had been an argument between the accused and Hunt because Hunt was a Communist, a man could not be shot, in New Zealand just because he was a Communist. "You are not allowed to do that even in Germany today,* he added. '■ ,• ■ . His Honour: I am not so sure about that. • i ' - '. The jury retired at 3.45 and returned at 4.40 pirn: with a verdict of not guilty on both counts, but found the accused guiity on a third count which had been added to the indictment: that the prisoner \ had been guilty of causing ,actual' bodily harm to Hunt in such circumstances that, if death had occurred, he would have been guilty of manslaughter." The prisoner was remanded for sentence. - • v