MANSLAUGHTER VERDICT

Poverty Bay Herald, Volume LV, Issue 17409, 6 November 1930, Page 9

MANSLAUGHTER VERDICT

THE COLERIDGE TRAGEDY COLENSO TRIAL CONCLUDES THREE YEARS’ DETENTION. (Per Tress Association.) CHRISTCHURCH, last night. Found guilty of manslaughter, with a strong recommendation to mercy, Alfred Stanley Colenso, 32, a laborer, was sentenced by the Chief Justice, Sir Michael Myers, to three years’ reformative detention, the charge arising from the death of Robert William Coekburn, who was shot by a rifle carried by the accused. When the court resumed after lunch, Detective-Sergeant Young gave evidence of the arrest of Colenso and I'arquharson. Accused gave lus naine and said : “\cs, I shot him. He called me for all tile blank blank blank he could, lay his tongue to.” Colynso made a. written statement (produced). When charged with the murder Colenso said: ‘Will they hang 1110?” Mr. Stacey: Was any pressure used to obtain the statement? Witness: No pressure was used. We don’t do that. 1 resent the question. The statement was given fairly and irankly. His Honor: I should be very sorry to think that any pressure should be used.

RIFLE’S LIGHT PULL. Thomas James Smallwood, a gunsmith, said the rifle was a .22 calibre Stevens visible loading and _ repeating rifle, with a defective magazine. Both tlie hammer part and the cocking gear were defective. The rifle was very light in the pull. Whereas a pull of from 31b to ,3jlb was normally necessary, this rifle could be fired with a pressure of lib. A rifle, with such a light pull might be discharged by being knocked on the ground. Accused’s rifle was undoubtedly liable to accidental discharge. This closed the Crown’s case, and Mr. Lascelles announced that he would not call evidence for the defence. Mr. Lascelles. addressing the jury, artrued that the Crown had not proved the charge of murder. He contended that, if tho accused pointed his rifle in self-defence, not meaning to cause death, lie was iustified and entitled to acquittal. Accused used his rifle to defend his own person. The quarrel was not of his own seeking. Ho was abused, stalked and cornered by a powerful opponent. In self-defence", physical assistance beiim useless against such a powerful opponent, lie had had recourse to a defective gun. He submitted that death was. the 5 result of accidental sbontin" after a quarrel which Coekburn himself had provoked. JUDGE’S SUMMING UP.

The Chief Justice, summing up. said that were he in the jury’s- place he would not find the prisoner guilty of murder. On the question of self-defence, there was no evidence of assault, but only of insult. “If you c-onie to a con-' elusion that there was definitely an assault and that accused could not have foreseen his gun going off, you will he justified in acquitting him. But it does seem to roe you will have to go a. long way before you find that Colenso himself was really guilty of assault, when he nointed his cun at the other man. Frrinldv, I don’t think you are justified in finding Colenso reallv meant to cause his death. I don’t say that it. would not he possible for von to find a verdict oi murder, but T don’t think it is safe. I recommend you, therefore, to consider the question of manslaughter. A charge of murder mav he reduced to one of manslaughter if the person commits it in a sudden passion to which he is provoked. If vou come to the. conclusion that he did it under these circumstances, that is manslaughter.” The jure, after 45 minutes’ deliberation, found Colenso not guiltv of nyrder hut guiltv of manslaughter, with n recommendation to morev. Prisoner was sentenced to reformative detention for three years.