THE CAULFIELD SHOOTING CASE.

Otago Witness, Issue 2376, 14 September 1899, Page 36

THE CAULFIELD SHOOTING CASE.

Melbourne sports have taken a lot of interest iti the Hcffernan-Hayep affair, and when Heffernan was brought up at the court charged with an attempt, to murder, the placewas thronged. Mr Gaunson, who had bern retained by the police to prosecute, told the bench that he desired to withdraw. He was satisfied that the accused blazed off his gun and did damage. • Still, he was perfectly convinced that for such conduct defendant was not answerable to the criminal law. He believed that Heffernan was truly and literally a madman. No doubt, to some extent, it was the result of liquor taken by him on that day, but lie was suffering mental misery, not the result of his own wrong-doing, and of which ho was not the author. He did not in any way truly appreciate or realise what ho was doing. The polioo magistrate then asked Inspector Mahony if he proposed to proceed with the case, and that officer reoliod that he did. Mr Purves, counsel for the defence, said that Hayes had caused Heffernan great mental trouble by statements which were absolutely untrue. That was the principal reason for making the life of Heffernan absolutely unbearable. Up to a month ago Heffernan was a peaceable citizen, but began to drink, as his mind had been overborne by the false statements which Hayes had made. On the night in question he had come home wad with drink. Ho got his gun, an ordinary one, used in shooting at pigeon matches. The charges were not used for killing large animals or human beings, but were of the ordinary pigeon shot. Heffernan seemed to have gone on in a wild lunatic fashion, overcome by drink, rage, and madness, and used language which certainly indicated that at the time he was not responsible for his actions. The law said that no man might go and make himself drunk in order to commit murder. But in this case the man was not responsible for the state of mind in which he had got. That condition of mind oaused him to have re-

course to drink. The magistrate said: The bench has unanimously come to the conclusion that they do not think the defendant in this case went down with -the intention of committing murder, but that he went in a mad way and discharged the gun promiscuously at the house. They do not think he had any intention of committing murder or of inflicting greviously bodily harm. We therefore discharge him of this offence. Heffernan was subsequently charged with having wilfully wounded a racehorse, the property of Hayes, and on that charge he was committed for trial.