TWO SHOTS FIRED

Timaru Herald, Volume CXLVIII, Issue 21573, 8 February 1940, Page 6

TWO SHOTS FIRED

Attempted Murder Alleged

Sequel to Argument

By Telegraph—Press Association WELLINGTON, February* 7.

The alleged firing of two shots, one blank and one live cartridge, from a revolver in Jessie Street on November 25 was the basis of charges of attempted murder and discharging a revolver with intent to do grevious bodily harm in the Supreme Court against Charles Theodor Nelson, aged 51, a seaman. The alleged attempt was made on Stanley Meredith Hunt, a slaughterman. Mr Justice Ostler was on the Bench. Presenting the facts, the Crown Prosecutor said that no doubt the defence would raise the issue of drunkenness. The general principle of law was that drunkenness was no excuse in the commission of a crime, but if a man were so drunk that he could not form any intention at all that would negative the essential part of both counts against the accused.

The evidence was similar to that in the lower Court, and when the question of Hunt being a Communist came up, Hunt admitted it; also that he had been to Russia. Mr Justice Ostler: This is a free country and any person can hold any political views he likes. He is not doing anything illegal in being a Communist or holding Communistic views. He only does something illegal if he does anything seditious, and being a Communist is not being seditious.”

Hunt denied that he had threatened to knock Nelson’s head off.

Opening for the defence, Mr Boys denied that two shots were fired. The accused did not know the revolver was loaded and when it went off he got a greater shock than Hunt. Cataracts in both eyes made him despondent and he had been drinking more than ne should. He and Hunt got into an argument about a resolution condemning Stalin passed by the Seamen’s Union, and the accused objected to Hunt, a Communist, characterising him as a “scab” and “a bosses man.”

After a retirement of nearly an nour the jury found the accused not guilty of attempted murder and not guilty of discharging a revolver with intent to do grevious bodily harm. His Honour put the following question to the jury: “Was the prisoner g-aiy of causing actual bodily harm in such circumstances that if death had been caused he would have been guilty of manslaughter?” On this count the jury found Nelson guilty, and he was remanded for sentence.