CHARGE OF ATTEMPTED MURDER.

Otago Witness, Issue 3494, 22 February 1921, Page 6

CHARGE OF ATTEMPTED MURDER.

ACCUSED FOUND NOT GUILTY. CHRISTCHURCH, February 14. Richard Ilk-hen appeared in the Supreme Court on a charge of having attempted to murder Raymond Raplev, at Addington, on January 24. He was alternatively charged with, haying wounded Rapley with intent to do grievous bodily harm, and with having done Rapley actual bodily harm. lie pleaded not guilty on each count. For the Crown, Air Donnelly said that Ilichen and Mrs Rapley were struggling at. a street corner, when Rapley came up. Accused gashed Rapley's throat. The wound was 7in long and deep, and Rapley nearly died. Accused gave evidence that a struggle took place for the razor, in the course of which Rapley received a .gash in the throat. The jury, after a retirement of half an hour, returned a verdict of not guilty of attempted murder, hut guilty of having wounded Rapley with intent to do grievous bodily harm. Sentence was deferred. F ebruary 15. At the Supreme Court Frederick Alalaquin (25) was charged with the attempted murder of his wife, Ruth Irene Malaquin (21) at New Brighton on November 7. Mr Justice Ilerdman was on the bench, Mr A. T. Donnelly prosecuted, and Mr M. J. Gregson represented the prisoner. Opening for the Crown, Mr Donnelly said the Malaquins retired about midnight on November 6, and during the night Mrs Malaquin woke up feeling a pain in her face. M \ccuh< d was out of bed. He explained that ho had heard a sound which frightened him, and ho was about to investigate the cause. Mrs Malaquin was kneelig on the hod with blood streaming down her face. Accused said : “What on earth have you been doing? Have you been try-

ing to shoot yourself? There is a hole in your face.” ’there was a revolver lying on the bed. Mrs Malaquin was evidently under the impression that she had been shot by cu intruder. Although accused had wanted to go for a doctor, his wife refused to allow him to do so. She was afraid the intruder might return and do her further hurt. The wound was in the vicinity of the temple. An extraordinary feature of the case was that both went hack to bed, where they stayed till daylight. Accused appeared not to know how serious the injury was. In the early morning accused rose, breakfasted, and shaved. Ho then proceeded for a doctor. To the doctor accused explained that his wife had shot herself. Later lie made a statement to the police admitting that accidentally he had shot ids wife, and stating subsequently that lie became half silly with fear, and did net know really what ho was doing. Counsel referred to accused's relations with other women. Accused was nominally good to his v.ite, and yet lie met other women, and suggested matrimony and had intercourse with them. 'I lie main points for the jury to take into consideration were: Why did accused not admit having shot his wife immediately after the occurrence? Why did j he not go for help? Why did he not irnI mediately call a doctor? Mrs Malaquin gave evidence on the lines of _ counsel’s statement. They had been living together ever since, and fhe regarded the present proceedings as sheer nonsense. Ur Aclind described tho course of the bullet and its subsequent removal. .Mr Gresson explained, by the aid of a pistol and two law books, representing twin pillows, how the revolver could be placed under the left pillow by Malaquin in such a way as to produce a wound similar to that inflicted on Mrs Malaquin. Ur Acland admitted that counsel’s explanation was a feasible one. Accused, in the course of evidence, said he heard a sound as of a match being struck, and got up to investigate. lie found nothing, and went back to bed. As he was placing the revolver under the pil-

low it exploded. His wife gave a shiver and a groan. She lay still. Witness thoought he had killed her. He jumped out of bed, and lit a candle. His wife turned on her left side, and raised herself in bed. 'Witness helped her out of bed on his side. He remembered saying something about her being shot, and told her he would go for a doctor. 11 is wife would not let him leave her. In tho morning he thought it looked bad for him that lie hadn’t got a doctor. When his wife made the suggestion of sleep-walking he grasped at it. and stuck to it. When he was told by the authorities tha't the wound could not possibly have been self-inflicted he was sick of the whole business, and came out with the true story. February 16. In ihe Malaquin case, in which accused was charged with having attempted to murder his wife, the judge’s summing up was generally in favour of the accused. The jury, after one hour’s retirement, returned a verdict of not guilty.