MURDER CHARGE DISMISSED

Evening Star, Issue 25224, 11 July 1944, Page 3

MURDER CHARGE DISMISSED

NO CASE ESTABLISHED FOR JURY SHOOTING OF NEWLY-WED SOLDIER (P.A.) WELLINGTON, July 10. Saying that as the prosecution had failed to establish a prima facie case he was not justified in sending the accused to the Supreme Court for trial, Mr J. L. Stout, S.M., in the, Magis- ; trate's Court to-day ordered the discharge of Mary Stuart Walker, married, aged 37, who was charged with the murder on May 4 of Richard Townsend Chorley, a returned soldier, aged 23. Mr W. J. Stacey, for. the accused, said there was no evidence that the accused had_ fired the gun. There -was not even evidence to show where Chorley had heen shot There were- four or five people in the house, but there was no evidence about the report of the rifle. There was not even enough evidence for a charge of manslaughter. Mr W. H. Cunningham, who prosecuted, said the evidence had shown that the shooting had been done by somebody, and that it was impossible for Chorley to have shot himself. In a statement' made to Detective Scott the accused had said: "I do not ■'. remember firing the gun. If I had the gun in my hand when it went off it was purely accidental, and I had no intention of doing any harm to anyone."' Discharging the accused, the Magistrate said it was unfortunate that depositions were not taken from Chorley before his death. : ("Chorley, who was aged 23, returned from overseas, with the first furlough draft On; May 4he was married at the Wellington Registry Office, and that evening his wife caught the ferry to return to her home at Hokitika, where her mpther was ill. She had previously made this arrangement with her husband. That night Chorley attended a .party at the home of Mrs Walker, who Avas an aunt of his wife, and with whom he had at one time resided. According to the evidence given on the opening day of_ the case last week, a good many drinks were consumed by the party, and during the eo'urse of the evening Chorley was shot. He was admitted to the Wellington Hospital in a critical condition with a, bullet wound in the abdomen, and he died about a fortnight later.] ■■■..■