HUSBAND ON TRIAL

Northern Advocate, 24 October 1935, Page 6

HUSBAND ON TRIAL

WOUNDED WIFE ALLEGATION

JURY FINDS HIM GUILTY.

WRONG PERSON SHOT?

t Special to “Northern Advocate”!

PALMERSTON N., This Day,

Facing four charges as the outcome of an incident on July 24 at Te Matai, Manley Symes, a labourer, aged 22, of Pahiatua, appeared at the Supreme Court before Mr Justice Smith and a jury.

The charges allege that, with intent to do grievous bodily harm to Sylvester Campbell, accused did actual bodily harm to Elsie Symes, accused’s wife, there being three alternative charges. The case arises out of happenings as the result of which Mrs Symes received a rifle wound in her body. The Crown Solicitor, outlining the case, said it concerned, the old: story of two men and one woman, and of a i husband, who, getting to some extent 1 beyond control, took the ,law into his own hands. Accused had meant to wound Campbell, but missed him and shot his own wife, with very serious results. Medical evidence would show that Mrs Symes was very fortunate to be alive. Evidence is proceeding on the lines of the lower Court hearing. "Unwritten Law.” " An attempt by counsel for the defence to introduce a plea of “unwritten Jaw” was viewed with disfavour by Mr Justice Smith. Counsel sugigested that anybody in the position Symes had found himself in might have done the- same thing, and taken 'up a gun. His Honour pointed out to the jury that the “unwritten law” was a negation of the law, under the protection of which the community was living. No individual could take the law into his own hands, and apply force to avenge a wrong, said his Honour, He had to leave it to the State, If that were not so, the community would be 'a very unsafe place to live in. The defence endeavoured to suggest that Campbell had been the aggressor and that Symes fired in Self-defence, accidentally injuring his wife.

The jury after an hour’s retirement, returned * a verdict of guilty of assault, causing bodily harm. Symes ■was remanded for sentence until tomorrow.

The jury added a rider that Symes had been the subject of extreme provocation and that the shooting of his wife was accidental.