SHOT FIRED AT WOMAN.

New Zealand Herald, Volume LXIII, Issue 19321, 7 May 1926, Page 14

SHOT FIRED AT WOMAN.

ACTION BY' A YOUNG MAN. ACQUITTAL ON GRAVE COUNT GUILTY ON LESSER CHARGES. AFFAIR AT FREEMAN'S BAY. . As the result of ;i sensational incident in a lane at Freeman's Bay, on February 22, when Frederick George Mayes, aged 22 years, fired a shot, in the direction of a young married woman named Agnes Walker, Mayes stood his trial at the Supreme Court yesterday before Mr. Justice Herdman and a jury. Three charges were made against Mayes: (1) That he attempted to murder Mrs. Walker; (2) that, with intent to do grievous bodily harm to Mrs. Walker, he dis- / charged a loaded rifle at her; and (3) that ho assaulted Mrs. Walker. The jury found Mayes not guilty on the first charge, but guilty on the second and third charges. A recommendation to merry on account of prisoner's youth was added to the verdict. Mr. Meredith prosecuted, and Mr. Sullivan defended Mayes, who pleaded not / guilty to all the charges. In outlining the circumstances of the occurrence Mr. Meredith said Agnes Walker was a young married woman, who was living at Killowen Place, Freeman's Bay, apart from her husband. Accused came to the same house, and for about two months he and Mrs. Walker had lived as man and /wife. On February 22 Mrs. Walker had taken her baby to her mother's place' at. Fapakura, returning between 9 p.m. and 9.50 p.m. Mayes was ' then talking on the verandah to a man named Trainer. Incident In tho Lane. Mayes, said counsel, followed the woman , inside the, house and said he knew all about. Walker having been there that day. Mrs. Walker wenfc out of the house and down a lane. Mayes followed and caught hold of the woman. Then Maves called out to Trainer to hand him the gun. Mrs. Walker urged Trainer not to bring the, gun. For some extraordinary reason, however, Trainer did bring the gun, Relieving, he had said, that the weapon was unloaded. 1 ' Maj'es pointed the gun at the woman and pulled the trigger, but the gun misfired. Trainer took the baby, which Mrs. I Walker was holding, and told her to run. As Mrs. Walker ran down the lane .Mayes pointed the gun and fired a shot in her direction. Fortunately the bullet missed Mrs. Walker. Mrs. Walker gave evidence on these linps. Answering Mr. "Sullivan, she said that she.was not frightened of Mayes. She was quite.satisfied, then and now.' that he had not meant to harm her with the gun. Witness had previously removed some bullets from the gun so that children would not be harmed by it. Walker had visited the place for a few minutes that day in. order to seo the baby. Reginald M. Trainer, who was sitting on the verandah with Mayes when Mrs. Walker came home on the evening of February 22. said that the man and woman went inside. Witness heard the sounds of what appeared to be a heated argument and a scuffle. He later heard a call of "help" from down the lane somewhere, and then Maves called out to him to- bring the gun. Witness hesitated.. Then he went and got the gun. He pulled the trigger 'several times, found it- was misfiring, and concluded it was empty. He then. tocj'k the gun to Mayes. " Don't Give Him the Gun." Mrs. Walker said: "For God's sake, don't give him the gun." Witness gave Mayes the gun. Mrs. Walker was screaming. Mayes said to the woman: "I'll shoot you." Witness took the baby and told Mrs. Walker to run. Mayes brought the gnn to his shoulder and fired in the direction i» which Mrs. Walker was running. The hammer-clicked, but there was no report. Maves did "something to the breach of the gun. Then he put the gun to his shoulder agaiil. By this time Mrs. Walker was some distance up the lane. The night was dark and Mrs. Walker could not be seen after she had run about ten yards. To His Honor: Mrs. Walker was about five yards away when Mayes first put the gun to his shoulder. Witness could not see where Mrs. Waller was when the shot was fired up the lane. Witness went down the lane with' the baby, when accused said : "Hold the baby up; I'll shoot it, too." Witness thereupon ran round a corner with the Baby. When witness returned shortly afterwards Mayes had cooled down. The ■weapon Mayes used was a pea-rifle. Thought, the Werpon Harmless. To Mr. Sullivan : He was quite satisfied that when he handed the gun over I to Maves it was a harmless weapon. He had previously worked the breach about a dozen times. lie did not know what 'made him give the gun to Mayes. Trainer gave a demonstration with the rifle, showing how he had tested it. lie added that two cartridges fell out when he tested the rifle and he was satisfied that there were no more cartridges in the. weapon. Constable de la Temple, who arrested Maves, gave evidence that the accused said. " I knoyv, constable, I'm a fool. 1 I fired a shot in the air, over my wife's J head. I will tell you the truth'. I will .show you where the rifle is." Tn giving his version of the incident, Mayes from the witness box said he bp Jieved the gun was iw'oaded, as two days previously Mrs. Walker had told him that she had , taken the bullets out. The gun "clicked" on the first occasion, and he thought •if he "clicked" it again it would frighten Mrs. Walker. A shot went off on the second occasion, however, /giving him "a bit of a shock." His idea in threatening to shoot the baby was to induce Mrs. Walker' to come back, when he intended to, tell her that it was all right and he had gone too far. Purpose in Firing. Mr. Meredit'b : How was the gun going to frighten her when you both, knew that •the gun was harmless ? Mayes: I thought the mere fact of the gun being in my hand would frighten her. . Ma> "es denied that he had inserted a cartridge in the rifle after the first misfire. 'ln any case ho would noi have, had time to do so. Mr. .Meredith: Why did you pull the trigger the second time? You both knew the. gun was harmless, the nipht was dark and vo'i coiddp't see each other. What purpose, then, was there in firing the gun ? Maves: I was wild and just, pulled the tnVerr. I got a shock when the shot r?ntr out. ' . Mayos con*ended that on the second occasion he nvirno < --ply Hi-prl high. Tn hi= add-ess to the jury Mr. Sidlivnn omnb'asi'ed the srravitv of the charge of jiHprrmted murder. li" they accept I'd •Maves' evidence that he l>elicv«»d tho pun was not lo'ided. they mn-t find bini tint gni'tv nil that chart;*.:. Mrs. Walker Vd aisn .said tlvt. she believed that the "tin \v,t! not loaded. The alleged offence was one against the co-r>munitv. pointed on* Mr. MerorlMb. The feet that Mrs. Wnlker was evidently ivuv ri-'r-n-ved to forgive Mnve« was !»e----sirlThe fx", remained that t.hf Cartridge in the gun. Either Trainw bad made a mistake when he <-'iiid he'thninrht he had taken all the cartridges out of the .weapon or else Mayes put a c;! v t v 'dac ; n / -The jury returned a verdict as stated pUnvft. fps Honor said he would carefully consider their recommendation when sentencing Mayes on Monday morning.