MALAQUIN CASE.

Poverty Bay Herald, Volume XLVII, Issue 15447, 16 February 1921, Page 7

MALAQUIN CASE.

ACCUSED DECLARES SHOOTING WAS ACCIDENTAL. CHRISTCHURCH, last night. At the Supreme Court Frederick Malaquin, 23 years of age, was charged ivith the attempted murder of his wife. Ruth Irene Malaquin, 21 years of age, at New Brighton, on November 7 last. His Honor Mr Justice Herdman was on the Bench.

Mr A. T. Donnolly prosecuted, and Mr M. J. Gresson represented the prisoner.

in 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. Accused' was out of bed. He explained he had heard a sound which frightened him and lie was about to investigate the cause. Mrs Malaquin was kneeling on the bed with blood streaming down her face. Accused said, "What on earth have you been'doing? Have you been trying 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 she had been shot by an intruder. Although accused wanted to go for a doctor his wife refused to allow him to do so. She was afraid the intruder might retina to do her further hurt. The wound was in the vicinity of the temple. The extraordinary feature of the case was that both went back to bod, where they stayed until daylight. Accused appeared not to know bow serious the injury was. In the early morning accused rose, had breakfast, and shaved. He then proceeded for a doctor. To the doctor accused explained his wife had shot herself. Later lie made a statement to the police that, accidentally he had shot his wife, and stated subsequently he became half silly with fear and did not know really what he was doing. Counsel referred to the accused's relations with other women. Accused was nominally good to his. wife, and yet he met other women and suggested matrimony, and had intercourse with them. The 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 ho not call for help? and why did bo not immediately call a doctor? Mrs Malaquin gave evidence on the lines of counsel's statement. They had been living together ever since, and she regarded the present proceedings as sheer nonsense. * Dr. Acland described the 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. Dr. Acland admitted counsel's, explanation was a feasible one. Accused in the course of evidence said he heard a sound as of a match beini struck, and got up to investigate. He found nothing and went back to bed. As he was placing the revolver under the pillow it exploded. His wife gave a shiver and a groan, and then lay still. Witness thought he had killed her. He jumped out of bed, and lit a candle, and 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 ro for a doctor. His wife would not let him leave her. In the morning he thought it looked bad for him when ho had not crone for a doctor. When his wife made the suggestion of sleep walking be grasped at it and stuck to it. When he was told by the authorities that the wound could not have possibly been self-inflicted he was sick of the whole business and came out with the true story. Counsel addressed the Court. His Honor deferred the summing up till to-morrow.—Press Assn.