MANGONUI SHOOTING CASE

New Zealand Herald, Volume XXXVII, Issue 11537, 23 November 1900, Page 6

MANGONUI SHOOTING CASE

ROGERS SENTENCED TO FOUR YEARS. The prisoner, William Rogers, aged 74, who the previous day was convicted of having attempted to murder a neighbour named William A. Gardiner by shooting at him, was brought up for sentence before His Honor Mr. Justice Conolly yesterday, at the sin preme Court. There was a further indictment against the prisoner of having attempted to commit suicide immediately after shooting at Gardi. ner. Prisoner pleaded not guilty. The Hon. J. A. Tole, Crown Prosecutor said he would offer no evidence upon this charge in view of prisoner's conviction im on the charge of attempted murder. ' A jury was empanelled, and by direction of the Judge returned a verdict of not guilt v Mr. F. E. Baume, who appeared for tie prisoner, said he would ask the Court 'tr take into consideration the man's age Rogers had been in a merchant vessel trad' ing out of London for some years, and had afterwards lived in the north of New Zealand, where for many years he had borne a good character. He had evidently been under the impression that Gardiner had com. mitted various offences against him. and this acted upon his mind. Counsel wcu'd ask that clemency might be extended to prisoner. He had a wife and children, ami counsel trusted that His Honor would give him such a sentence as would enable him to see them again. His Honor said the prisoner had been con. victed on the clearest evidence of a erini* which was only second to that of murder. It was a dreadful offence to deliberately lie in wait for a neighbour against whom he (prisoner) had some ill-feeling—although there was no evidence whatever that he ought to have had any such feeling—take two guns because he thought there would'be others there, and deliberately fire at the man three times. Prisoner hit him once, and it was the merest accident ...at he did not kill him. The case presented some difficulties to His Honor, because not only did the prisoner commit the offence, bin davj afterwards, when he had had time to reflect coolly upon what he had done, instead of expressing regret for having done such a wicked act, his only regret was that the shot had not taken effect. He also threatened that the next time he got an opportunity ho would kill Gardiner. With regard to what counsel had said as to the prisoner'* age, His Honor was not aware that age, unless it enfeebled a man's mindwhich was not the case as far as prisoner was concerned —was any excuse for the attempted murder of a neighbour. He would take into consideration the recommendation of the jury which was solely on account of his age. and he (His Honor) did not see that that had anything to do with the matter— would not pass so heavy a sentence upon him as he would had prisoner been a younger man, since the lury seemed to think it made a difference. Had it not been for that recommendation, he (His Honor) would have felt it his duty to pass the heaviest sentence which the law gave, and that was such a sentence as would have prevented the possibility of prisoner committing another such crime during the remainder of his life. He could not pass the crime over without a very serious sentence. The sentence of the Court would be that prisoner be imprisoned in the Auckland prison and kept to hard labour for the term of four years. The prisoner throughout the trial did not give the slightest exhibition of feeling.