SEQUEL TO SHOOTING.

New Zealand Herald, Volume LXVI, Issue 20251, 10 May 1929, Page 14

SEQUEL TO SHOOTING.

MAN GUILTY OF ASSAULT.

NEIGHBOURS AT VARIANCE

GRAVER COUNTS DROPPED. [m: telegraph.—own correspondent.] CHMSTCHUECH, Thursday. A disputo between two neighbours at Papanui led to the appearance in the Supreme Court to-day of Frederick Richardson, who was charged as follows: —That on March 8, 1929, at Papanui, he did attempt to murder John Armstrong; further, that with intent to do grievous bodily harm he did actual bodily harm to Armstrong; further, that ho did assault Armstrong, causing actual bodily harm.

Mr. Justice Adams was on tho Bench. The accused, who pleaded not guilty, was defended by Mr. A. A. McLachlan, and Mr. A. T. Donnelly, Crown Prosecutor, appoared for tho prosecution.

In opening the caso Mr. Donnelly said he did not intend to trouble the jury with the first two offences in the indictment, but would rely on the charge of assault. Richardson and Armstrong had an argument over leaving a gate open and allowing a cow to wander out.

When Armstrong was going away Richardson went into his house, got out a shotgun and fired at Armstrong, hitting him in the neck with two peilets. Armstrong was not badly injured, but such an assault was not justified. Detective Laugesen said that when questioned accused' replied: "Yes, I shot him. How is lie ?" When told he had hit Armstrong in the neck accused said, "I must have got dead on to him. It •will do him good, anyway." Accused had the gun under his bed and it was loaded. When charged with attempted murder accused said, "I did not intend to murder the man." Mr. McLachlan did not call evidence and Mr. Donnelly did not address the jury. Mr. McLachlan said that the suddenness of the whole thing and the whole circumstances put the accused in a state of mind in which he had no time for the consideration of an intended crime. The accused imagined his life was in danger when Armstrong came 'to him. Accused thought that Armstrong and another man were in league against him and therefore he defended himself.

His Honor said that the case presented no difficulties. Counsel had slated that the man had acted in his own defence, but that was absurd. The accused went back into the house and got the gun. When he came out Armstrong was on his way home. Then ho fired. To say that that w T as an "act of self-defence was an abuse of words. There was no question about tho assault.

The jury retired at 11.30 a.m. and returned at 12.10 p.m. with a verdict of guilty on the third count only. The accused was remanded until to-morrow for sentence.