ATTEMPTED TO MURDER HIS WIFE

Wanganui Chronicle, Volume 90, Issue 106, 9 May 1946, Page 5

ATTEMPTED TO MURDER HIS WIFE

NAVAL RATING GUILTY JURY KJXIOMMENDS MERCY (P.A.) Christchurch, May 8. Francis Noel Harkness, a naval rating, aged 26, represented by Mr. J. K. Moloney, was convicted of attempting to murder his wife, Joyce Allison Harkness, when he appeared before Mr. Justice Fair and a jury in the Supreme Court to-day. Harkness pleaded not guilty to the charge and not guilty to the alternative charges that he caused grievous bodily harm to his wife, and that he assaulted his wife so as to cause her actual bodily harm. The jury added a strong recommendation to mercy, “because of the accused’s state of mind at the time of the shooting,” and His Honour said that the recommendation would be given the fullest weight. “I entirely agree with the point of view that it represents, because there is no doubt that this man was In severe mental stress at the time of the offence, and not in a slate of mind to exercise control,” said His Honoui. Mr. A. W. Brown, for the Crown, concluding his address, said: “It may he hinted by the defence that the conduct of Mrs. Harkness while her husband was overseas was some sort of justification for his action. There is no definite evidence that, there was anything immoral in her actions and, even if there had been, that is no justification for shootitng her, so that she is probably gravely injured for life. If juries were to condone such actions thai-e would be an end to law and order, and we should rapidly descend into chaos.” Evidence on the lines of that given in the hearing in the Magistrate’s Court was given by 12 witnesses, and an additional witness was Mavis Caroline Audrey Mataira. aged 18, who said she had met accused at a dance during January and had gone out with him on several occasions. He had referred to his wife and said his married life was unhappv, and had told witness that he intended to shoot his wife. He had shown her a pistol about five days before the wife was shot. “This man has been more than 400 hours under water in. one of the most hazardous branches of services, where nervous strain is great." said Mr. Moloney, in his address to the jury. “He receives unsatisfactory letters from his wife, and broods over them. H? arrives home and finds that the wife is not in .Christchurch to meet him, and when he sees her learns that she has no affection for him.” The wife’s jeering had had an effect on the accused’s nerves, submitted Mr. Moloney, and he had pulled out a pistol intendin'" to frighten her. However, the safety catch had been knocked to an unsafe position, and the pistol had gone off. Only one shell had been ejected, whereas If the accused wanted to kill his wife he could have fired all the shells in the magazine. “Justice endeavours to be fair to all members of the community, and a charge is not brought against a man unless it is considered to be in the interests of the community,” said His Honour. “Your decision must be in the interests of justice, and not in the interests of natural law.” The jury retired al 5.15 p.m., and returned at B.4<> p.m.