SHOTGUN FIRED

Waikato Times, Volume 127, Issue 21244, 15 October 1940, Page 6

SHOTGUN FIRED

AFFRAY AT TAURANGA SON-IN-LAW BEFORE COURT INTENDED HARM ALLEGED The story of a shooting affray in a Tauranga home on July 29 was told in the Supreme Court, Hamilton, today, before Mr Justice Blair, when a charge of discharging a shotgun with intent to do bodily harm was heard. Accused was Andrew Cockburn Fergusson, aged 35, storeman, of Tauranga. He pleaded not guilty. Messrs H. T. Gillies and J. R. FitzGerald appeared for the Crown and Mr T. O. Cooney (Te Puke) represented Fergusson. In his opening address to the jury Mr Gillies said the case arose from unhappy family relations during the period of 15 years that Fergusson had been married. He had had an unblemished character but the relationship between himself and his wife was not the happiest. There were five children, and four or five times during their marriage Mrs Fergusson had left the accused. She was living with her parents at Tauranga on July 29 when Fergusson went to the home of his parents-in-law at about 5.30 p.m. He had a long conversation with his wife and then left, to return later.

Charles Thomas Mabey, father-in-law of the accused, stated in evidence that when Fergusson returned to the house he appeared to have had liquor, although he might not have been drunk. Gun Fired With the intention of throwing out some scraps for the cat, witness came out on to the verandah when Fergusson was coming around the house. Witness asked him what he had under his coat and he replied: “I’ll soon show you.” Fergusson then dragged a gun from under the coat, but before he could get it out witness threw a plate, which hit Fergusson upon the shoulder. Witness crouched and turned to enter the door. As he did so the gun was discharged. Witness entered the kitchen, followed by Fergusson, who had the gun in his hand. Fergusson placed the gun under his chin and pulled the trigger. The gun was reversed, however, and the pulling of the trigger jerked it off the line of Fergusson’s head, the shot passing his face and piercing the ceiling. Had the gun not been reversed the shot would have blown Fergusson’s head off, witness considered. Story of Threat Witness rushed in as Fergusson opened the gun to take out the spent cartridges. A wrestle ensued, until Fergusson agreed to remain quiet if released. Fergusson made for the gun again but witness prevented him. Then neighbours arrived. When asked if he had ever been threatened, witness said Fergusson had stated on several times that he would “fix” witness and all the Mabey family. Prior to the affray, witness said in cross-examination, he had told Mrs Fergusson she would be foolish if she returned to Fergusson. The latter had complained that witness had interfered in his married life. (Proceeding)