JURY DISAGREES ON ATTEMPTED MURDER AND OTHER CHARGES

Greymouth Evening Star, 2 August 1949, Page 9

JURY DISAGREES ON ATTEMPTED MURDER AND OTHER CHARGES

AUCKLAND, August 1 (P.A.) — Charged with attempting to murder his brother, William, aged 25, 'by shooting, at Onehunga on April 23, Robert Courtney Reece, aged 19, a labourer, appeared before Mr Justice Stanton and a jury of the Supreme Court today. There were alternative charges of committing grievous bodily harm with intent to w’ound: causing bodily harm; and assault causing bodily harm. The jury disagreed on all the charges and his Honor ordered a retrial.

Outlining the case for the Crown, Mr V. R. Meredith said the shooting occurred after the accused returned from rabbit shooting, and was overheard asking his mother for money. The elder son, who, after the death of his father, had become head of the family, told the accused the borrowing had to stop, and gave him a hiding. The accused came to the kitchen where William was eating and said: “Come and fight me now,” continued Mr Meredith. The mother pushed the accused into the passage, and William followed. The accused then pulled the trigger. William was shot in the stomach and dropped to the floor. Counsel alleged that when the accused ran to the police station and the sergeant asked if it were .an accident, the accused replied: “No, I did it willfully.” When the accused was .examined, evidence of bruises 'and other marks was found. William Reece, in evidence, said he had five or six beers on the afternoon of April 23. He saw the accused go through the kitchen into his bedroom and call his mother, who returned to the lichen to get her purse. He his mother, not to give the accused money. ’ Going to Robert’s room, the witness said, he hit his brother. Back in the kitchen, the witness saw the accused near the doot' with a rifle. His mother tried to take the gun from the accused and the witness brushed past her as she and the accused went into the passage'. ■ The witness heard a shot and found himself on the floor with a wound in his abdomen. Cross-examined, the witness said he gave his brother a fairly severe hiding'. The beer he had had probably made him more pugnacious. No evidence was called by the defence, Addressing the jury, counsel said the evidence showed that the accused did not intend to kill his brother. He invited them to dismiss the attempted murder charge. He suggested that the accused used a gun expecting his elder brother to do him bodily harm and for his preservation. .