COLERIDGE SHOOTING.

Waikato Times, Volume 108, Issue 18169, 6 November 1930, Page 7

COLERIDGE SHOOTING.

COLENSO CHARGED. GUILTY OF MANSLAUGHTER. THREE YEARS’ DETENTION. (By Telegraph.—Press Association.) CHRISTCHURCH, Thursday. The Lake Colerfdge murder trial ivas continued at theh-Supreme Court yesterday, when Alfred James Stanley Colenso (32)., a labourer, pleaded “not guilty” to the chirge that on September' 3 he murdered Robert William Gockburn. Arthur Farquharson, who wa3 accused’s companion on the day of the shooting, gave evidence, and was* afterwards examined at length by counsel for the defence. Mr Stacey: Did you notice anything strange about the way Cockburn was looking at Colenso?—Certainly, he was staring at him. He could not keep his eyes off him. Mr Stacey: Did Cookburn say to Colenso: “That is no g00d... There is something wrong somewhere when you go on like that”?—Yes. Do you remember seeing Colenso filling the magazine?—No. 1 You remember him putting a bullet in the breach of tht gun when he sat down in the pit?—Yes; but I could not say if the magazine was full. Witness said that Colenso told him that he had cocked the rifle on the chance of getting a rabbit across the valley from the gravel pit. The U6e of “Language." Mr Stacey: Did not Cockburn at one time, when using “language," tell Colenso not to answer him back? —Yes. Did you see Colenso retreating to the back of the pit?—Yes. Because Cockburn was getting more fierce, using “language” and throwing ■his arms about, did you say these words to Cockburn: “Get away; you have upset this boy’s nerves again”?— Mr Stacey: Do you remember Colenso saying anything to you just after the shooting?—Yes; he said the gun, or rifle, went off unawares. His Honour: Did you say anything about that in the Lower Court? Witness; No.

“Will They Hang Me?”

Detective-Sergeant Young said that the clothing on the chest of Cockburn was saturated with blond, but there was no sign of charring. He described the arrest of the two men near Cass, When Colenso was charged with the murder of Cockburn, he said: “Will they hang me for it?” To Mr Stacey, witness said that statement was given without any pressure. Thomas James Smallwood, gunsmith, said the rifle was of .22 calibre. It was undoubtedly liable to accidental discharge. No Evidence For Defence. Mr' Lascelles, senior counsel for the defence, announced .that he would not call any evidence for the defence. In addressing the jury, Mr Lascelles contended that, if accused pointed his rifle in self-defence, not meaning to cause death,’he was justified and entitled to an acquittal. Counsel submitted that death was the result l of accidental shooting after a quarrel, which Cockburn himself provoked. The Chief Justice, in summing up, said that were he in the jury’s, place he would not find accused guilty of murder. On the question of selfdefence there w T as no evidence of assault but only of insult. “ If you come to a conclusion that there was definitely an assault,” said His Honour, “and that accused could not have- foreseen his gun going off, you will be justified in acquitting him. But it does seem to. me that you will have to go a long way before you find that. Colenso himself was really 'guilty of assault when he pointed his gun at the other man. Frankly, I do not think you are justified in finding that Colenso really meant to cause his death. I recommend you, therefore, to consider the question of manslaughter. Murder may be reduced to manslaughter if the person commits it in a sudden passion to which he is provoked. Guilty of Manslaughter.

After 45 minutes’ deliberation the jury fotind Colenso not, guilty of murder, but guilty of manslaughter, with a recommendation to mercy.

Accused was sentenced to reformative detention for three years.

COLENSO’S COMPANION.

VAGRANCY CHARGE WITHDRAWN'

ißy Telegrapn.—Press Association.) CHRISTCHURCH, Thursday.

The final stage of the Coleridge tragedy was reached this morning, when Arthur Edward Farquharson, aged 59, Colenso’s companion, appeared before the Magistrate, Mr Lowry, on a charge of being idle and disorderly. The charge was withdrawn by the police.