SHOOTING TRAGEDY

Hawke's Bay Tribune, Volume XXV, Issue 152, 14 June 1935, Page 5

SHOOTING TRAGEDY

DEATH OF C. WOODFIELD Companion Before Court MANSLAUGHTER CHARGE Arising out of the shooting trag.dy which occurred in a whare In Jervois street, Hastings, on May 3, in which a young man named Cedric Woodfield was fatally shot, a charge of manslaughter was preferred against Arthur John Walker, aged 19 years, before Mr J. Milled S.M., at the Hastings Magistrate’s Court to-day. Walker, deceased, and two other Rouths were in the whare under friendly circumstances, and were engaged in a friendly conversation when Woodfield was shot as the result of a rifle which Walker was handling going off. The charge against Walker was as follows:—That on May 3, without lawful, and sufficient excuse, he did present a loaded firearm and discharge same at Cedric Woodfield, so causing death aud thereby committing manslaughter. Walker was further charged that without lawful and sufficient purpose he did present a loaded firearm at Cedric Woodfield. Senior-sergeant Macnamara conducted the proceedings on behalf of the police. Walker was represented by Mr W. E. Bate. CASE FOB PROSECUTION. ) Senior-Sergeant Macnamara stated that on May 3 the deceased was visiting the accused at his home in 305 Jervoia street. They were in a whare at the rear of the house which the accused occupied. In the whare were two rifles which both the deceased and the accused were playing with. Walker pointed a loaded rifle at the deceased and it went off and caused Woodfield’s death. It was an offence to point a loaded weapon at any one without a lawful excuse. The first witness was Robert Douglas Price, who shared Walker’s whare and was present when the tragedy occurred. Prior to it taking place Walker was in his bed, while the deceased was sitting on it. Witness said that a general conversation was taking place and the parties were in a good humour. Walker, who was a territorial, had a .303 rifle on issue to him. He also had * .303 sporting rifle. The topic of conversation was deer-stalking, during which witness was sitting on his own bed. Both the deceased and Walker subsequently picked up a rifle, the latter showing the mechanism of his firearm to all in the room. On hearing a noise witness looked at the deceased and noticed that his face was blackened. Deceased, who was sitting on .Walker's bed, fell backwards and witness realised that Woodfield had been ehot. He immediately rushed to telephone for a doctor and the police. To Mr. Bate, witness said that at no stage was there any deliberate pointing of the rifle at anyone. The prospects of a trip deer-stalking on the following Saturday had excited Walker somewhat and witness considered that the pointing of the rifle was an unconscious act. Clarence James Pierce, who was present in the whare at the tittle of the accident, gave corroborative evidence. He stated that Walker was in the act of putting the rifle away and was taking the precaution of shooting the bolt and pressing the trigger. Medical evidence as to the extent of injuries causing death was given by Dr. R. Cashmore.

STATEMENT TO POLICE. Sergeant Wade, who visited the whare after the accident, said that when he arrived three young men were standing at the door. Witness asked them who fired the shot and Walker said he did. When asked how it happened Walker said that there were tour of them in the room and he had a .303 rifle in bus hand, which he had used for deer-stalking a short time previously. Walker stated that he did not know that the riflo contained a cartridge. He pointed the firearm at Woodfield and said in fun, “I will ahoot you.” He pressed the trigger and the rifle went off. Witness added that he carefully •xamined the room and there was nothing as far as he could see to auggeet that death was other than accidental. Similar evidence waa given by Detective B. Farquharson, who proceeded to the whare after the shooting occurred. Arthur Robert Farmer, gunsmith, who examined the rifle, stated that it did not have any defects. It was a type fitted with a cut-off and unless opened a bullet in the magazine would remain hidden. PRIMA FACIE CASE. r* At the conclusion of the evidence Mr Bate submitted that a prmia facie had not been established and asked that the charge be dismissed. Mens rea had not been proved. Walker was not conscious of the fact that by his action he was endangering the life of another person. He was taking the usual precaution of shooting the bolt and pressing the trigger before putting the riflo away. It was evident that in the handling of the rifle the cut-off had been released cauamg a bullet in the magazine to lodge in the chamber and so be discharged when the trigger was pressed. His Worship was of the opinion that a prima facie case had been made out. Mr Bate reserved his defence and Walker was committed for trial at the next session of the Supreme Court at Napier. He was released on probation without securities.