"NOT GUILTY"

New Zealand Times, Volume XXXII, Issue 7046, 7 February 1910, Page 1

"NOT GUILTY"

JOSEPH WILLIAMS ACQUITTED GHUZNEE STREET SHOOTING CASE. CHAEGB OF ATTEMPTED MURDEB. The whole of Saturday was occupied in the Supremo Court hearing a charge ol' attempted murder against a, middleaged man, Joseph Williams, a resident of the Auckland province. The incident responsible for the charge occurred early in December last, accused firing a revolver at his son-in-law, Francis Joseph Martin, while they were conversing in Ghuznee street. The bullet paesed through Martin's neck, near the left shoulder, but beyond removins a small piece of flesh, did no injury. There were alternative counts, of discharging a firearm at Martin, with intent to commit grievous bodily harm, and of causing actual bodily harm. . • Air M Myers prosecuted on behalf of the Crown; Mr T. M. Wilford, with him Mr 11. O'Leary, appeared for the prisoner; Mr.V. Meredith watched the case for Martin. •AN AMERICAN PRECEDENT. Mr Myers, addressing the jury, said that, oven if there had been improper relations between Martin and accused s young had been allegedaccused had no right to take the law iato his own' hands. A defence of the "unwritten law" had been successful in America, but it had never found favour, and he hoped that in British dominions it never would, because no life would be safe if any such suggestion operated in the minds of a. jury as'a good defence to a chiarge of the kind> under notice. THE! EVIDENCE. Dr Henry described the injury received by Martin. Firancis Joseph Martin, a carrier, residing at No. 4, Watson street, said that on the might he- met accused, the latter starting speaking about his younger daughter, and ,ae>ked witness why ho wias "not ganie to face her, up at the home." 'Witness had denied the charge ■when accused made it. .Witness had originally been accused by the girl in front of his wife, but the girl had not persisted in it -when he had obtained evidence of another man. He informed accused that he had been advised by his solicitor "not to confront the girl at the heme," .but to face the matter out in, the proper place—the Court. Accused said, "You'll never see, the Court," and after some further altercation, Williams fired at him." Mr Wilford: Have you concocted any of your statement to-day?—No, I have not. I Jiave only (told the truth. Replying to further questions, witness said the girl "was fourteen years old, and was pregnant. He had never seduced her. , Mr" Wilford : Is it not a fact that -When charged with it you took the little girl into a room and got her to write 1a letter about it?—No, I did not. ' Counsel read the letter in which the girl declared'that another, man was responsible for her condition. Witness denied (that the girl had written a confession at his dictation. ' Alexander Wall (an eye-witness of the shooting), and Constable Quayle, were also examined. To the latter, AVilliams remarked, "I shot him; I will go quietly. I will hang for him." He also eaid, '•The only thing I (am sorry for is that I did not shoot him dead." THE DEFENCE;

The accused, Joseph Williams, giving evidence on his own behalf, said he was father-in-law to Martin, and his youngest daughter was a sister of Martin's wife. He had been a member of the Waipuku Koad and Town Boards, and had held positions in. various lodges. His youngest daughter was very delicate. She had come to Wellington with. Sirs Martin at the invitation of the Matter's "husband. Witness afterwards received letters and ■wires to come to Wellington, but no reason was given. Eventually he came down towards the end of November, and then learnt of the, condition of his daughter. It was la great shock to him. In consequence of what his daughter told him witness informed the detectives. While at the Police Station, Mrs-Martin said to her husband: "Look out, Prank, Poppy has gonnback on you."- Martin replied, "I don't care. I have my paper." The detectives had decided that they could not take any action in the matter. When he thought over the whole position, he had decided to destroy himseli. Ho had not slept for several days. He went to the wharf on Sunday morning with Mrs Williams, and had decided to jump over. He tried three times to do so, but could not make up his mind. He heard the voice his mother saying plainly to him, "J°®> don't do it!" and he added, "I couldn't. He then saw the revolver and bought it on the Monday or Tuesday. He had not slept all this time. 'On the Wednesdayhe went to the home, kissed his daughter Poppy good-bye, and left his wife, intending never to return again. He had no intention of meeting Martm, but when he saw him he decided to speak to him. Witness asked Martm where his wife was, and he replied, "That's my business." Witness asked, "Is she safe?" Martin replying that she was living with friends. Witness asked Martin why he did mot go up and- see Poppy, and he replied, "You can bring her to the Court, but you are too. —-- late. • Tou can't do anything after sixmonths." ~r t . To Sir Myers: From the outset Marfan had denied being responsible for the ■girl's condition. Before the shooting, witness knew of the letter that his daughter had written, and also that she had made allegations against a man other than Martin. He had bought the revolver to shoot himself. ' COUNSEL'S ADDRESSES.

JXr Wilford, addressing tne jury <« behalf of the accused, suggested that Williams had never, at any time, intended or attempted to shoot Martin. lie was no .more answerable for the statements made to the police or the detectives or anyone else, than a man vitli a worried brain who talked, in his sleep. Mr Slyers pointed out that there was no question of the sanity or insanity of accused.' The fact that accused had purchased the revolver and was looking out for Jlartin, made it appear that lie bad intended t& u*e the weapon against him on the very first opportunity. The jury, after a retirement of an hour and "a half, .returned with a verdict of "Xot Guilt}-" on all counts, and the prisoner was discharged.