INTENT TO DISABLE

Northern Advocate, 4 May 1933, Page 6

INTENT TO DISABLE

CTT A 17( Ift AGAINST FARM El?

FIRFARM TJTSCHARC!ED

VERDICT OF NOT GUILTY,

(Special Id “Northern Advocate.’’) - AUCKLAND, This Day.

The hearing was concluded in the Supreme Court yesterday afternoon ot the charge against Samuel Trail, a Hunua farmer, that, with intent to ditable, he discharged a firearm loaded with destructive material at Samuel Head.

Detective Knight said he and Con-’ stable Davis searched Trail’s turnip field on the day following the shooting and found a discharged shotgun shell. He had later obtained a statement from accused. Accused told him lie had been informed that he could impound or shoot pigs straying on his property. . Detective Knight read the statement. In it accused said he had had some trouble before with the Hoad brothers regarding straying stock, Samuel Hoad having refused to assist in erecting a propel' boundary fence. On the afternoon in question he saw pigs in his turnip field and decided to impound them. When Henry Head came toward him he wont to shoot one of the pigs, but his horse reared and the shot went into the air. He did not aim at Henry Head.

In opening the defence, Mr Weston said it would bo denied that accused had an ( y intention of disabling Head. Accused, in evidence, said he was returning home on the afternoon of March 2 when he saw four pigs in his turnip field. He went to his house and obtained his gun with the intention of shooting the pigs, as he had been advised that he was entitled to destroy or impound them. Samuel Head tried to remonstrate with him, but accused ordered him off the property. He did not threaten to shoot Head.

Henry Head then came into the paddock and started to argue. One of the pigs started to make back for Head’s farm and accused decided to shoot it. As he threw his gun to his shoulder his horse jerked its head back, throwing the barrel of the gun into the air. Head immediately shouted: “You shot at 'me.” Accused said when he had attempted to shoot the pig he was on foot, with the horse’s reins over his loft arm.

During his cross-examination Mr Weston asked permission for accused to leave the witness-box and take aim With the unloaded shotgun, which was an exhibit in the case. Accused put

the gun to his right shoulder and aimed at the rear of the court. Mr Weston stood behind him and suddenly pulled his left arm. The barrel of the gun was immediately jerked downward. “Would the shot have gone into the air?” asked Mr Weston..

The fact that the pigs had strayed on the property was no excuse for attempting to shoot a,person,’ ’ said his Honour, There were legal remedies against trespass. The fact in issue was whether accused raised his gun, aimed it at Head, and fired. In his own statement accused admitted that Henry Head had cried: “He shot at me.” After a retirement of about 20 minutes the jury returned a verdict of not guilty on both charges. Accused was discharged.