TRAGEDY AT PLAY.

Taranaki Daily News, 18 September 1924, Page 5

TRAGEDY AT PLAY.

TWO BOYS KILLED.

STRANGE SYDNEY CASE. COMPANION ACQUITTED. id J Telegraph—Press Assn.—Copyright. Received Sept. 17, 9 p.m. Sydney, Sept. 17. As a sequel to a shooting tragedy in North Sydney in July, involving the deaths of two boys, Colin Hinder, aged 16 years, was charged with feloniously el Aying James Roberts, aged 10 years. Evidence was given that the boys were playing soldiers and Hinder thought the cartridges were dummies whe n he pointed a gun at his companions. Counsel for the defence claimed that the case came within the clause of the Crimes Act enabling a judge, if he thought a nominal punishment would suffice, to withdraw the case from the jury. The judge concurred in this and Hinder was accordingly acquitted and discharged.

Three boys in North Sydney were playing with a service rifle in a yard when the rifle carried by the boy Hinder was discharged. The bullet passed through the body of James Roberts, killing him instantaneously. It then struck Alfred de Caulzel, aged 4, wounding him in the head, and this boy died later i n a hospital.

Later Hinder was arrested and charged with murder. In reply to questions, Hinder said that he had not fallen, but emerged from the back gate saying: “Look out or I will hurt you!” Roberts said: “Don’t be foolish!” The rifle then went off. Previously Hinder had stated that when he was playing, with a younger brother he said he would show the latter how to be a soldier. He secured his service rifle and took what he supposed to be two dummy cartridges, wh'ich he inserted in the mazagine. They played in the Vard for a few minutes, and then the younger boy chased his brother. The latter said that he ran toward the gate, tripped and fell. As he did so the muzzle of the rifle was pointed toward Roberts, and de Caulzel, who were sitting 10ft away. Roberts was killed instantly. The boy de Caulzel, aged four, died an hour afterwards.