Attempted Murder Charge Involves Three Persons

Northern Advocate, 8 April 1943, Page 4

Attempted Murder Charge Involves Three Persons

Allegations of attempted murder, involving three persons, were heard in the Whangarei Court today. Koni Thompson, 43, Maori farmer, was charged with the attempted murder at Funaruku on March 14 of Ngaro Moses Davis. 40, soldier, and of his wife, Mary Thompson, while Davis was charged with the attempted murder of Thompson at the same place on the same date. Davis wore battledress and had the shoulder bands of a soldier returned from overseas.

The charges were heard by the magistrate (Mr Raymond Ferner). Detective-Sergeant J. B. Finlay prosecuted. Mr L. A. Johnson appeared for Davis, and Mr T. Henry for Thompson.

The charge against Davis was taken first, the first witness, Robert Allen Rogers, draughtsman, stating that he had visited the house occupied byThompson and taken measurements. He produced a plan of the house and immediate surroundings. Detective G. S. Miller gave evidence that he had been with Constable Naylor, of Auckland, at Thompson’s farm when he had taken photographs of the house and property. He was aware that another witness, Dr. K. N. McNamara, was ill and unable to attend the hearing and in his stead the defence raising no objection he produced X-ray photographs taken by Dr. McNamara of Thompson’s neck. Heard Argument

A farmhand, Sydney Ernest Thompson, son of Koni Thompson, gave evidence that Davis, who was a relative, had lived at his home at various periods for several years. Davis had recently returned to New Zealand from Egypt where he had been wounded, witness continued. On Saturday, March 13, Davis had arrived at his home, his father being absent £.l a Home Guard parade, but his mother, three brothers, his youngest sister, and himself were home. Thompson said he had gone to a neighbour's place and when he had returned home he had been told by Davis thal his mother had gone across the harbour. Later his father had returned home and as a result of something he had been told had left. When witness went to bed, neither had returned.

“I was awakened by an argument in the kitchen,” continued Thompson. His parents and Davis were there. His mother had then laid down on a sofa and his father and Davis had occasional conversations in Maori, which witness did not understand.

On the following morning he had heard Davis trying to persuade his father not to enlist. He had not heard him trying to persuade his father not to do something to his own life. His father had wanted to leave the house and Davis had held him back.

Later in the morning, Davis had had a bad turn and his mother had rubbed linimen ton Davis’ head. While this was being done his father had come into the kitchen from the bedroom and had then gone outside. Rifle Through Window

“I heard the rattle of a rifle and ran into the bedroom,” said Thompson. He had seen his father take his rifle through the window. His father, who had been in a bad temper at the time, had gone up the hill at the rear c>f the house. A few moments later he had seen his father at the kitchen window. All the family and Davis were in the house, and Davis had gone out to speak to his father who had lifted the muzzle of the rifle and aimed it at Davis.

“He told him not to come any closer.” Thompson continued. Davis had returned to the house, but the children had remained outside. His father had hit the kitchen window, breaking it, and witness had gone into the bedroom from where he had heard a rifle shot. Davis had been standing at the window and the bullet had gone through a wall. He had then told Davis he had some shotgun cartridges, three or four of which he had given Davis.

Shotgun, Rifle Shots

While he was getting the cartridges another shot had been fired but he had not heard the bullet strike the house. Be had seen Davis at"the window with witness’ father’s shotgun and had heard the shotgun fired but he had not seen at what Davis had been shooting. Another shot from the rifle followed. Davis had again fired the shotgun, but witness still could not see at what Davis was firing. He was not sure of the order of the shots, but he was sure his father had fired three shots and Davis two. The shotgun and the rifle produced were those that had been used.

Shortly afterwards he had seen his father about two chains from the house. His father had been wounded about the neck.

To Mr Johnson, Thompson said Davis had not been drinking, and he had never seen him drinking He did not think his father had been drinking. Two shots had been fired by his father before Davis had fired one shot. He thought Davis had fired the next shot and his father had replied with his third shot. Davis’ last shot was some

time after his father had moved away from the house. Davis had fired a third shot after the trouble was over to clean his gun, witness’ father then being in the house and the shot not being fired at him. Koni Thompson’s Evidence Koni Thompson gave evidence that he was married with six children, his wife being a pakeha. Davis was his step-nephew. Returning from a Home Guard parade on March 13 he had found Davis at his home and that his wife had cleared out from home. He had searched for her and had located her at Russell, where he had learned she had gone under the name of Mrs. Davis that afternoon. Previously he had been suspicious of her carrying on with Davis. She had returned with him on the Saturdaynight, arriving home about midnight. Davis had been in the kitchen and he had accused Davis and his wife of carrying on together, both denying it. His wife had not denied going under the name of Mrs. Davis. The argument had continued through the night into the next morning. Both he and his wife had said they would leave the house. On the Sunday morning he had asked Davis to leave the house. Davis had seized him and thrown him into the bedroom. “I then made up my mind that I would frighten him out,” continued Thompson. He had taken his Home Guard rifle and 10 rounds of ammunition by reaching through the window for them, and had gone up the hill at the back of the house. Some of his family had followed and endeavoured to persuade him to put the rifle away. He had returned to the house and had been met by Davis.

Frightened by Davis

“His eyes were sticking out and he frightened me,” said Thompson. “I pointed the rifle at him and told him to get to hell out of it. He ran back into the house. I had the rifle loaded and cocked. I kept calling my wife to come out of the house, but she would not come.”

Thompson said he wanted to get his wife away from Davis so he could talk to her. He did not intend doing anything else. He had broken the glass in the kitchen window and could see Davis inside. Pointing the rifle, he had fired a shot which had gone through an opposite window, but he had not aimed at Davis, who was in a corner.

Davis had dropped on the floor and started to groan, but Thompson said he knew Davis had not been shot and was only pretending. Moving from the house he had seen Davis at another window and had told him that if he were not careful he (Thompson) would shoot him.

"He dropped out of sight and I fired the rifle at where he had been standing,” Thompson continued. "This shot was fired at the bottom of the window. I did not intend to hit accused with a bullet. I then saw him with a shotgun and decided to get away from the house.

“I walked away about a chain and heard a gun go off. It was the onlyshot I knew of. I was facing the | house when I was hit. I do not know who fired the shot. The shot came from the window. I fired two shots that I know of from the rifle. Most of this time I was calling out for my wife and son Sydney to come out. Did Not Intend to Hit “I did not intend to shoot anyone, but thought I would frighten Davis out of the house. I told Sydney to come out as I was just about done. I was losing blood and was finished. I told them to bring the shotgun out and I would drop the rifle. This was done and I returned to the house. Davis apologised for what had happened and so did I. We both cried and were very sorry for what had happened.” In reply to Mr. Johnson, Thompson said that Davis had served with the Maori Battalion in Libya, Greece and Crete. The first shot had not passed close to Davis. When he had seen Davis at another window and had threatened to shoot, Davis had dropped out of sight. He had been able to see Davis through the curtain. “I am positive Davis would consider himself in danger,” said Thompson. "I would have, if I had been in his place. I do not remember firing a third shot. My wife was in the house all the time the shooting was on. I fired two shots before Davis fired any.” Davis had been in the house when he had left the house for Russell and when he had returned, Thompson admitted. Mrs. Thompson had not told him she had used the name Mrs. Davis because she did not want to be known in Russell. He declined to say what reason his wife had given. Determined to Leave Home Mary Thompson, wife of the previous witness, said that at times there had been violent quarrels with her husband. He had been in camp for a month in January and subsequently had not been able to talk of anything but his military training. On March 13 her husband had left for a Home Guard parade and as a result of what he had said she had determined to leave home. Davis had arrived shortly afterwards. Davis and his brother having made their home at her place at various times over a period of years. Leaving home that morning she had told her family she was going across the harbour, but actually she had started to walk to Russell. On the way she had called at a farm house where she had given the name of Mrs. David. At Russell she had booked in at a hotel where her husband had found her and she had returned home fvith him.

An all-night quarrel had followed in the presence of Davis. The following morning Davis had had a bad turn as a result of a war injury. Her husband had left, by the door and when her son had rushed into the bedroom, she had followed, seeing Thomuson reach his rifle through the window. They had followed Thompson, endeavouring to persuade him not to do anything with the rifle, but had then returned to the house where she had got under a bed. This she had done because of her husband’s temper. Shook Hands She had heard a window broken and one shot fired but did not know how many shots had been fired, iwho fired them or their direction. She had heard a remark to the effect that Thompson had been hit. Her husband had been calling her to go out to him and Davis and her son, Sydney, had told Thompson she would go if he put down the rifle. Ultimately both weapons were laid down and Thompson returned to the hojise. “I shook hands with him,” said Mrs. Thompson. “He was bleeding on the left side of the face and neck where he had been wounded. I asked him what made him do this. He replied that he was finished and did not know what made him do it. He did not say he did not intend to shoot anyone. Davis (washed his wounds and attended to him.” .

Mrs. Thompson emphatically denied there had ben any improper relationship between Davis and herself. At this stage the court adjourned for luncheon.