SHOOTING INCIDENT.

New Zealand Herald, Volume LIX, Issue 18018, 17 February 1922, Page 7

SHOOTING INCIDENT.

TWO FARMERS QUARREL.

ONE USES REVOLVER. ACQUITTED BY JURY. [by txlkqbath.—own cobrbspondent.] DUNEDIN, Thursday. ' At the Supreme Court yesterday, Edmund Traherne pleaded not guilty to a chargo of attempting to murder George Wilson at Cannibal Bay (near Owaka). There was a second charge of shooting with intent to do grievous bodily harm. George Wilson, farmer, residing at Cannibal Bay, said he had known the accused for eight or nine months. He had been on friendly terms with him. Accused's house was near witness' home. The accused was a bachelor. On December 27 he took the accused some meat for his I dinnor. Accused had a barrel of beer in j his house. Witness drove over with acI cused with the barrel. It contained 18 I gallons. The accused had invited 'him to ■ come over and " have a beer " at any time. Accused told him then to get out of I the place, and called him a ftitiiy name. ! Witness said if he called him that again Ihe would hit him. He did so, and witness . struck iiiin. Accused was standing just i inside the door. Witness then dragged j accused outside and hit him again twice. He thought the accused was not hitting I back. Accused went to tha ground. He j was not badly knocked about. j Then the accused asked him to take ; him into the house and put him to bed. | Witness did so. He would not say that j accused was drunk. Witness had two i drinks before he struck accused. While I he was lying on the bed accused said he ! would rest for the afternoon and lay an j information with Constable Hayward at I Owaka in the morning. Witness offered to i drive him to Owaka. Acoused put his | hand down tbo side of the mattress, | pulled out a revolver, and fired at witj noes. The shot missed and struck the , I floor. He was about 2ft. away. | Witness ran out of the room and held 1; the door. He heard another shot fired j while he held the door. He did not know : where the bullet wont. Accused tried tc open the door, and threatened to shoot | through it if witness did not open it. i Witness went up the passage and into a I room in the front of the houso. Accused I I came round to the front door, about sft--1j or 6ft. off it. He had the revolver in his I j hand. Accused was not aiming the revolver at all. Accused then saw witness ' and turned round and fired through the window. The shot missed him and broke : the window. Witness jumped through 1 the window, receiving a few cute on hi£ • hand and face, and hit Traherne. Accused '! was at the corner of the house. He still ' j had the revolver in his hand. Witnest • I took the revolver from him. When wit- • | noss examined the revolver he found foui i live cartridges in it. Witness had hac • drinking bouts with Traherne a few days

previously. They had brewed about 10 to 15 gallons of beer, while accused still had j.tbe other beer. He took out the four cartridges and replaced them before hand-1 I ing them back to the police. j To Mr. Hanlon, witness said at the first, | he and accused were friendly. He thought | accused was not too drunk to know what i I was iroina on. He had never seen him incapable. Corroborative evidence was given by Constable Hayward j His Honor, in the course of hin I suramins up. said that if what the aci cused said was true—that he did not remember—if that was bis mental condition that showed that he was not capable of, forming an intention. If thoy were satis- j Bed that he was capable of forming an , intention thev must also be satisfied that 1 he fired at Wilson. The jury found the accused not guilty, and he was discharged.