THE UNWRITTEN LAW

New Zealand Times, Volume XLVI, Issue 10508, 9 February 1920, Page 5

THE UNWRITTEN LAW

LAO SHOOTS HIS FATHER TO SAVE MOTHER FROM INJURY. POLICE CHARGE NOT SUSTAINED "When" William Black of Blenheim) in a drunken frenzy, brutally assaulted his wife—shortly to become a mother—he little thought that help for the distracted woman was near at hand in the person of their 16-year-old son, aided "by a pea-rifle. But such, however, proved to bo the ease. As Black, holding his wife by 'the throat with his left hai.U raised his right arm to strike the report of a rillo was heard, and the threatening limb fell with a bullet embedded in the elbow. The full circumstances were related before Mr P. L. Rollings, 3.31., when the* son, "William Black, was charged that ho did, with intent to do grievous bodily harm to William Black, senr., wound lum in the arm by diecharging a pea-rifle at him. Mr T. F. Helling appeared for the defence. -

THE 31 OTHER’S EVIDENCE, Airs 3laud Black said her husband, while under the influence of liquoi, swept the tea dishes off the table, without cause. She replaced the dishes, bat he again swept them off, whereupon witness remonstrated with him. He then made a rush at her, and clutching her by the throat with his left hand ho struck her with the right, at the same time using very bad language. The children were very frightened, and with the exception of the accused they ran out ct the house. William interfered, asking his father to let go his hold on witness, and warning him that he would his him if ho did not do so. The father persisted, and as he was about to strike her again she heard the report of a rifle. With the words, 'Tic’s got me now,” her husband released his hold of Jier throat, and she then saw blood flowing from his arm on to the floor. She sent William for the doctor and the police. The bay had previously come to her assistance when the father was drunk and illtreating her. She expected her confinement to take place any day. Dr B. G. Adams, who ordered Black, senr., to the hospital, said the bullet had entered the right forearm and lodged in the elbow

William Black, senr., said ho had been drinking all day, and remembered nothing of the assault on his wife or of his son shooting him. Ho did not know his arm was injured until he woko up on his bed and found a doctor and constable in attendance. ACCUSED ADMITS SHOOTING. A constable deposed that the accused eftmo to the police station and reported that his father had come home drunk and commenced to knock his mother about. The witness went to the house and found Black, senr., lying on a bed in a drunken condition and bleeding freely from a wound in the right ,’orearm. William Black said he had shot his father with a pea-rifle which ae used for rabbiting. At tho police nation he had stated that he was certain he could not do much harm in firing at his father, as from tho position where he was standing—the father was in the passage and the boy in a room — only his father’s shoulder and arm were risible to him. PLEA OF JUSTIFICATION'.

Counsel said the plea, was one of "not guilty/' and submitted that the only question for the court to consider was whether the act was justifiable or not. It might have been said that the boy should have taken some other means to protect his mother, hut he had to act hurriedly for her immediate protection, Jie knew her condition and realised that she was being attacked by a strong, powerfully-built man not responsible for his actions. The lad was not strong and robust, and physically was no match for his father. If he had interfered in some other way he might only have aggravated the drunken man and so have made things worse for his mother. It was quite clear that he had no intention of seriously- injuring his father, as he aimed at the arm that was uplifted to strike. INFORMATION DISMISSED.

The magistrate said he was satisfied there would be a very poor chance of any jury convicting the accused. Apparently he acted hastily, but it was under extreme provocation. He »aw that his mother was in very serious danger of being injured by his father white the latter was in a madly drunken state. The man was violently atacking a woman at an advanced state of pregnancy, and a continuation of the violence might even have caused her death. The lad was forced to act in haste and apparently the only means that occurred to him iosavehis mother in her critical condition was to disable his father’s arm. His 'Worship belieyed that taking all tho circumstances into consideration no jury would be likely to convict Black, and therefore no good purpose would bo served by sending him to trial. The information would bo dismissed.