SCENE IN A COURT.

New Zealand Herald, Volume LXIV, Issue 19833, 31 December 1927, Page 2 (Supplement)

SCENE IN A COURT.

; [DUT&tJfIST OF APPLAUSE, ENj?. OS! ■£ MURDER TRIAL, (VERDICT OF MANSLAUGHTER. $ SOV.OCA'nON.iS Sitting back in his chair, and gazing at the ceiling, Mr. Justice Sankey made no attempt to stop a remarkable public demonstration at the Beading Assizes recently. For many hours a well-known Wantage man had itood his trial for murder, but, in the tragedy that he played la part, the Judge thought he had been subject to the most "appalling provocation."' The jury found the man guilty of - manslaughter, and, on their recommendation to mercy, the Judge exercised his clemency. Barely' had the sentence—as lenient as possible—been announced, than a J crowded Court joined in a vigorous and sustain ad outburst of handclapping. Thus the curtain fell On to drama that was enacted on an allotment, when church bells were ringing on# Sunday morning. A married man ■went there with the woman with whom he was friendly to seek an apology. His quest was fatal; and he fell mortally jnounded by a shot from a humane killer. Such a sensation had the tragedy created that the impending trial had for many weeks been the topic of conversation with the people of Wantage. The inan who was defending his life was 'Albert William Shepherd, "aged 40, a local postman. He was well known, respected, and popular among them. So much interest was taken in Shepherd's case that his acquaintances freely subscribed to a fund to aid him in his defence to the charge of murdering Boland William Gibson, aged 37, an electrician. Bullet from a Humane Killer. One of tho first facts to be established before the jury was that Gibson had died from the effects of a bullet fired from the humane killer. Judge, jury, and* counsel carefully examined the weapon that is only intended to* be effective when the muzzle is placed against the head Of an' animal, and it was described as marvellous that the shot on this occasion should have been so deadly over an "extended range. Then in the unfolding of the drama —extraordinary in. many respects—the question went to the jury whether, at tho time of firing the humane killer, Shepherd had any intention to kill, or was he provoked to such an •extreme that his crime was only one of manslaughter ? The' main facts of the Crown's case, as ■ outlined by Sir 'Reginald Coventry, K.C., were not seriously challenged by the defence. Unpleasantness first arose between Shepherd and his 23-year-old stepdaughter. She gave evidence, and several times gave way to tears, It was revealed that the dead man and Miss Barliow became friendly about a year ago, and although she knew that ho was a married man living apart from his ;wife, she kept this a secret. On three occasions she took Gibson to her parents' house. A Latter and a Reply. According to replies given in cross- ; Examination by Mr. C. F. Yachel, K.C., leading counsel for the defence, it transpired that on the last of Gibson's visits to Shepherd's house a certain incident occurred. This wa3 communicated to the atepfather, and when he jipoke to Miss Barlow about it she took up the attitude that it was no business of his, and, consequently, ill-feeling arose. Soon after she returned to London Misß Barlow wrote her mother a letter, in the course of which she said: "I hate to think you are there all alone; * but, mother, don't for one moment think I have gone and left you. No fear, mother, j not through him. I shan't tell you when lam coming, as I shall come alone, and take the opportunity of seeing you; but, my' God, if he has laid a hand on you, God help him! But it won't be long, lor I shall never re:;t np here, and you alone th<ire with that car. But cheer up, mother. Don't think because I am here I've forgotten all about you. iSTou are in my mind night and day. Now don't be afraid to say if you are in trouble, for I would soon be there. I hope soon to have a home where I can letch you to from there and give you a bit of life worth living. We are about a six-roomed house, and you could have your dog, your cat, and all your home you can bring, for my home will be your home, and the sooner the better. Bye-bye, my own clear darling mother. Do take care of yourself.—Aljpays and ever yours, Rab." Reply ob a Postcard. This letter was shown to Shepherd, and, (tin an angry impulse, he replied with a postcard, which read:—"l have got the letter. You came down and ruined my heme, both in your turn, and served me in. this way. Yes, you can have your mother whenever you like, but don't any of you. show youir faces down here. The home ;ir mine, and not a ——— stick ■hall go up there. . »• . If I don't gst an apology for the harm you have done, my beer will call for bad st/uff. It is your mother's life you have ruined, not mine. Think of us both after tonight, " Then events quickly followed. On Saturday night, August 20, so counsel uUted, Miss Barlow and Gibson arrived at Wantage from London with the avowed object oi! extracting an apology t'rom Shepherd for tho insinuation contained in the postcard. They first went to his house and had a conversation with Mrs. Shepherd, and afterwards proceeded to the King's Arms, where Shepherd was having his usual glass of beer. They called him out, demanded an apology, which he refused to give, and when Shepherd left them to go back into the inn, Gibson remarked, "We will see you when you come out." Struck with a Knotted Stick. To avoid trouble, Shepherd jftt't by a tide door, but Miss Bmow noticed him and caught him up, V:llir:g him he was not going to get awajr as easy as that. There was an altercation, in the course cf which blows were exchanged, "and Shepherd struck Gibson with a bottle. Next morning the couple met, and walked to Shepherd's allotment, Gibson carrying a knotted holly stick that the landlord of the inn had lect him. Shepherd was at this time attending- to his plants in the greenhouse, and when he saw them he went toward them with a poker and ordered them oft. When on the allotment the couple once more demanded an apology of Shepherd, but he again declined. Then, it was alleged, Gibson struck Shepherd heavy blows with the stick, and kicked him in the stomach. Cries oi "Murder!"

brought a retired Metropolitan police officer, named James Laxton, to the * St o®*. 0 ®*. saw Gibson utrike Shepherd • s*l*®'* to®®* "With the and also kick ! 4 got W,ai ol"ihti stick, and

Miss Barlow cried on#; ** Gksfe the stick away from him; he won't get any moro. We will leave fain."

Having obtained the stick, the couple made on across the allotment, and when the young woman looked round she saw Shepherd following. After , going 150 yards she asked Gibso:a to tako ber hand, and at that mcmen'i a 14-year-old lad, named Jamas Hugh' .Belcher,< who w;is standing at his oot!;age gate, " saw Shepherd crouch, with, the humane killer in bis hand, and fire. Gibson fell in the road, and died a few hours later in hospital as the result of a wound in the head. Shepherd, covered with blood, went back to his allotment, and asked a lad to fetch a doctor. Then Quartermaster-Sergeant Johnson arrived, and, seeing the man's condition, sent for a stretcher. Shepherd remarked, 4 'He has been up here and beaten and; kicked me to dof.th, but I've shot hira, so I am all right.'

Interrogated by Inspector Taylor at the hospital,' Shepherd told him: "He got me down and hit me with a stick, and would > not stop till Mr. Laxton came to my rescue. He hit me across: my arm. The girl held me. I used my humane killer, and the bullet seldom comes out when it is fired at a pig's head."

On a table in the ehed the inspector found a piece of bloodstained paper on which was written: "I leave all my money and property to Kate Shepherd, my wife, Bert and Billy. He hit and kicked me to death." Shepherd admitted to the inspector that he wrote

this, as he thought he wi)s going to "snuff it," and added: "I blame her more than him. I didn't think anything about shooting him until I went back in the shed and saw the humane killer there. I thought-1 was done for. He would have got six months for what he did to me."

Going into the witness-box, Shepherd stated that ho wrote the postcard on the inpulse of the moment. He had lived on happy terms with his wife during 18 years of married life. He put a shot in the "humane-killer to defend himself, but he had no intention of shooting Gibson when he put the killer up and fired at random with the object o£ frightening him. 1

Kathleen Barlow, who went into the witness-box, was dressed iu black, and until asked by the Judge to show her face, kept her hat pulled tightly over her eyes. Shu said that following the affray between Gibson and her stepfather she and Gibson ten away. She saw her stepfather stumbling after them, and when he got within ten yards of them he fired, and Gibson fell to the humane killer was produced, and Superintendent Halfacre said that it was almost a miracle that Shepherd had hit Gibson at all. There were no sights and fit was almost impossible to take an accurate aim.

In summing up Mr. Justice Sankey strongly emphasised the cruel way in which 'Shepherd had been punished by the dead man, and held up the heavy holly stick with which accused's injuries were caused. The jury returned a verdict of manslaughter with, a recommendation to mercy. The Judge, who had previously remarked that the young woman in the case had a great deal to be answerable for, and a great deal to be sorry for, expressed the hope that she would become a better woman than she had been in the past. The Judge agreed with the verdict and the recommendation to mercy, and added that "there was somebody else sitting in the Court, who ought to be punished." He could not avoid passing a sentence, but ho would not put Shepherd with ordinary criminals. The sentence of three months' imprisonment would, therefore, be in. the second division. Toward, the end of the case Kathleen Barlow broke down and had to be assisted from the Court sobbing pitifully^ % '