Maddox Acquitted of Attempt to Murder

Sun (Auckland), Volume III, Issue 732, 3 August 1929, Page 1

Maddox Acquitted of Attempt to Murder

WIFE’S LIE REVEALED HUSBAND’S FRENZIED ACT The story of a wife's lie that she had been outraged, which led to. the husband threatening the life of the man accused with an automatic, in the sensational Northcote affair, was told in the Supreme Court yesterday. Central figure in the episode was Robert Francis Maddox, 27, who stood his trial before Mr. Justice Herdman and a jury on a charge of attempted murder. He was acquitted of the offence. JERKO DIDOVICH, a Dalmatian, who lived within a quarter of a mile of the Maddc®: home, and was a workmate of accused in a quarry, stated that on the morning of June 2S Mrs. Maddox had called at his place with a pair of her husband’s trousers, which she asked him to deliver to Maddox at work. That night, about 9.30 o’clock, he had, in consequence of a message, called to see Maddox. He described the scene which followed, Maddox pointing a revolver at him, and flourishing a paper, -with the threat: “Sign this or you will die.” Witness bolted home at the sight of the revolver. t HESITANT WITNESS When counsel asked whether anything had occurred between him and Mrs. Maddox when she had brought her husband’s trousers to him, Didovich displayed some hesitation about answering, and appealed to his Honour whether he was compelled to reply. Mr. Justice Herdman: Yes, you must answer. Didovich asserted that nothing had occurred. Questioned then as to why he had sought permission to answer “No,” Didovich again hesitated. This delay provoked his Honour to remark: “You may as well tell the truth about the matter. You know what is being asked you. What have you to say?—No. Another Dalmatian, Tony Salle, who was living in the same house as Didovich, stated that he had given Didovich the message to call at the Maddox home. He declared that later Maddox came over with a gun looking for Didovich, who was accused by Maddox of grasping his wife by the throat. Maddox and Didovich had been on very friendly terms. Anton Zuvela, a Dalmatian, also an occupant of Didovich’s house, stated that on the night of June 28 Maddox had removed three guns from under Didovich’s bed. Armed with one of these, a rifle, Maddox came looking for Didovich next morning. Detective Knight, who investigated the affair, stated that Maddox had made a statement concerning his actions. When his wife had complained that Didovich had assaulted her, accused said he had taken down an old revolver, which had been in his possession for 10 years, and tried to put it in order before going in search of Didovich. Subsequently, when Didovich called at the house and ran away, accused chased him, attempting to fire several shots, but the weapon would not fire. Maddox stated that he chased Didovich out of his own house, from which he (Maddox) took two rifles and a shotgun to use, because the revolver was useless. THREE LOADED GUNS The revolver found in Maddox’s house was produced by the detective. The chamber contained a live ball cartridge, which showed the indent of the striking pin, although it had not been discharged. The spring of the weapon was weak, and the mechanism was filled with grease. Three other guns were found in Maddox’s house, the magazines in each case being filled. For the defence, Mr. J. J. Sullivan advanced the plea of extreme provocation. Counsel argued that if the shot had been fired, and Didovich had been killed by the husband whilst under the conviction that his wife had been outraged, that it would be sufficient in law for the crime to be reduced to manslaughter. A sudden confession, he said, was treated as equivalent to discovery of the act itself. Maddox went into the box and gave evidence. He regarded Didovich as his greatest friend, he said, and had no suspicions regarding him. Witness had been six years married, and had a son aged four and a-half years. When his wife complained that she had been criminally assaulted by Didovich, witness had been terribly upset. He denied that he had ever demanded Didovich to sign a paper, though he admitted he had attempted to fire a revolver at him. When he visited Didovich’s home, accused told Didovich that if the door was not opened he would kill him, but Didovich did not wait. Witness then came to the cit}% and made a statement to the police. He had come to the conclusion from the statement his wife made later that Didovich was not so much to blame. He had forgiven his wife, and they were living together again. Vivienne Maddox, accused's wife, admitted that the accusation of assault she had made to her husband against Didovich was untrue. The effect, however, w’as to send her husband nearly mad; he had not slept or rested that night. In the course of his summing-up, his Honour advised the jury there could be no clearer case of attempted murder or of assault. It was perfectly true that Maddox had been distressed beyond measure, but it could not be suggested that he had acted on the spur of the moment. He had deliberately made preparations. After a quarter of an hour’s deliberation, the jury returned a verdict of not guilty.