BOYS AND GUN

Hawera Star, Volume XLVIII, 18 September 1924, Page 5

BOYS AND GUN

SEQUEL TO TRAGEDY

CASE BEFORE THE COURT

BY CABLE —PRESS ASSOCIATION -COPYRIGHT SYDNEY, Sept. 17. As a sequal to a shooting tragedy in North Sydney in July,, involving the deaths of two boys, Colin Hinder, aged 16 years, was charged with feloniously slaying James Roberts, aged 10 years. Evidence was given that the boys were playing soldiers and Hinder thought the cartridges were dummies when he poihted/a gun at his companions.

Counsel lor the defence claimed that the case came within the clauseof the Crimes Act enabling a judge, if he thought, nominal punishment would suffice, to withdraw the ease from the jury. -

The, judge .concurred in this and Hinder was accordingly acquitted and discharged. .

Three boys in North Sydney were playing with a service rifle in a yard when . the. lifle carried by the hoy Hinder was discharged. The buliet passed through the body of James' Roberts, killing him instantaneously. It then struck Alfred de Caulzel, aged 4, wounding him in the head, and this boy died later in a hospital. . Later Hinder was arrested and charged with murder. In reply to questions, Hinder said that he had not fallen, but emerged from the back gate saynig: ‘‘Look out or I will hurt you !’ The rifle then went off. Previously Hinder had stated that when he was playing with a younger brother he said he would show the latter how to" be a soldier. He Secured ‘his. service rine and took what he supposed to be two dummy cartridges, which he inserted in the magazine. They played iu y f° r a few", minutes, and then ™ e >’°uuger boy chased his brotlier - latter said thait he ran toward the gate, tripped and fell. As he did so the muzzle of the rifle was pointed toward Roberts and de Caiilzel, who were sitting 10ft away. Roberts was killed instantly. The boy de Caulzel, aged four, died an hour afterwards.