CRIMINAL SESSIONS.

New Zealand Herald, Volume LXVI, Issue 20324, 3 August 1929, Page 16

CRIMINAL SESSIONS.

" 'ATTEMPTED MURDER TRIAL

VERDICT OF NOT GUILTY.

JURY'S SPEEDY DECISION

HUSBAND WITH REVOLVER

Unusual features marked the trial in tho Supremo Court yesterday of Robert Francis Maddox, aged 27, of Xorthcote (Mr. Sullivan), charged with attempted murdor and alternatively with assault. It was alleged that on June. 20 accused attempted to shoot Jerko Didovich, a Dalmatian, aged 29. The men had been great friends, and tho attempted shooting was the outcome of a crave charge made against tho Dalmatian by accused's wife. She afterwards admitted, and confirmed !in the witness-box yesterday, that her accusation was untrue. The jury returned in loss than a-quarter of an hour with a verdict of not guilty, and tho accused was discharged. Mr. Meredith, Crown Prosecutor, said that the accused, having heard from his wife that she had been assaulted by Didovich, took a revolver and directed it at him, but it failed to go off. There would bo no dispute whatever about the facts. Accused and Didovich worked at the eamo quarry. When accused returned homo on June 28 his wife told him that Didovich had violated Iter. Ho went across to Didovich's house and as lie was out left a message for him to go across. A Revolver Presented. When Didovich called accused presented n revolver at him and Didovich ran away with accused in pursuit. Accused pulled the trigger, but tho revolver did not go off-. Accused continued to search for Didovich tho noxt day, but failed to find him.

In tho statement ho made to tho police accused said that after his wife complained to him ho took down an o.d Hutomatic revolver which ho had had foi ten years and tried to put it in order before going to find Didovich. V* hen he later cha&ecl Didovich away from his house lie had soveral shots at him but the revolver would not go off. Later he chased Didovich out of his own room where he took two rifies and a shot-gun to use because the revolver was useless. Fortunately he failed to find Didovich the next dav.

Mr. Meredith added that the jury might consider that such a story as ' accused's wife told him was calculated to make a man almost demented, but although the law made some excuse for a man it did not allow him to take the law into his own hands to go shooting peopleDalmatian's Evidence. Jerko Didovich said that accused lived 400 or 500 yards from him. Witness and accused used to cycle to work at the quarry. On June 28 Mrs. Maddox called at his place with her husband s trousers, which she wanted him to tako to her husband at work. When ho got home about 9.50 that evening he got a message to go to see accused When he went, accused confronted him with a paper and a revolver, saying, "Sign this, or you will die." When witness saw tho revolver ho ran homo. Mr. Sullivan: Did anything happen between Mrs. Maddox and you when she brought over the trousers !• —Witness: Jour Honor, can I answer that question ? Mr. Justice Herdman: Yes, you must answer.—Witness: No.

' Mr. Sullivan: Why did you ask permission to answer No ?—\\ itness displayed mnch reluctance in replying and His Honor said "You may as well tell us the truth about the matter. You know what is being asked of you. \\ hat have you to say ?—Witness: I say No. Three Guns Under Bed. Tony Salle, a Dalmatian, said that He lived and worked at Takapuna. and had been living with Didovich Speaking through an interpreter, witness said that

ho gave Didovich the message to go to accused's house. Later accused went over ' with a gun looking for Didovich. Ho complained that Didovich had got his wife by the throat. Accused and Didovich were on very friendly terms. Anton Zuvela, another Dalmatian liv*

irig with Ditlovich,. also.spcke through an interpreter. Ho said that he saw accused get three guns from under Didovich's bed on the night of -Tune 28. Accused went over with one of the rifles

next morning looking for Didovich. Detective Knight produced statements made by accused and his wife. Witness said that he found the revolver produced in accused's house, and in it was a live ball -cartridge showing the indent of tho / striking-pin, although it had not been discharged. The spring of the weapon was weak, and the mechanism was filled •with grease. He also found in the house two rifles with magazines charged and a / «hot-gun.

Provocation as Defence. Mr. Sullivan said that tho nature of

the defence was extreme provocation. If / the gun had gone off and the man had been killed when the husband was under the conviction that his loyal wife had been outraged, that would be sufficient in law for the crime to be reduced from murder to manslaughter. A sudden confession was treated as equivalent to discovery of the act itself. His Honor said that the case referred to only said that the charge "might be" reduced to manslaughter. » Mr. Sullivan said that accused was virtually raving that night, and could not rest and sleep. The accused, in evidence, said that ho regarded Didovich as his greatest fiiend, and had no suspicions regarding him. Accused had been married for six veais, and there was a son, aged years. He was terribly upset by his wife's complaint. Ho never at any time asked Didovich to sign a paper, but he attempted to fire a revolvor at him. At Didovich's house accused told Didovich that if he did not open the door he would kill him, but Didovich did not wait. Accused came to tho city and gave a statement to the police. Accused added that from a statement which his wife made to him later lie carno to tbe conclusion that Didovich was not so much to blame. lie had forgiven his wife and they were living together again. " Ho Clearer Case." Vivienne Maddox gave evidence that on June 28 something haft; cued between her an 1 Didovich. She t;>ld her hirlmnd that Di.lovich hnd a~snulU'd her, but that was not true. Her husband went nearly mad, and never slept- or rested that night In addressing the jurv Mr. Sullivan Raid that the test was whether the provo cation accused had received was such as to deprive him of his powers of control. t Mr. Meredith submitted that the effect of provocation was to mitigate the pen alty, but not to convert a guilty act into i an innocent one. I

Ilis Honor, in summing up, said that there could be no clearer case of attempted murder or of assault. It was no tloubt perfectly true that the man was distressed beyond measure, but it could not be said that ho acted on the spur of tho moment. He went about makin« deliberate preparations. , Tho verdict of acquittal was returned as / Stated.