Jury Disagrees On Shooting Involving Brothers

Chronicle (Levin), 2 August 1949, Page 3

Jury Disagrees On Shooting Involving Brothers

Press Association) ■

(Per

AUCKLAND, August 1. Charged with attempting to murder 1iis brother William, aged 25, by shootiilg at Onehunga, on ApriJ 23, Robert Courtney Reece, aged 19, labourer, appeared before Mr. Justice Stanton and a jury in the Supreme Court today. i There were alternative charges of committing grievous bodily harm with intont to wound, causing 'bodily harm, and assault causing bodily harm. butlining the case for the Crown, Mr. V. R. Meredith said the shooting occurred after aceused returned home from rabbit shooting and was overheard asking his rnother for money. The elder son wlio, after the death of the father, had beeome head of the family, told aceused that borrowing had.to stop and gave him a good hiding. Aceused came to the kitchen where William was eating and said: "Come and light me now." The mother pushed aceused into the passage ancl William followed. Aceused then pulled the trigger. William was shot in the stomach and dropped to the floor. Counsel alleged that when aceused rau to the police station and the sergeant asked if it was an accident, aceused replied: "No, I did it 'wilfully. " When aceused was examined evidence of bruises" and other marks- was f ound. Francis Joseph Hall, a medical practitioner at. the Green Lane Hospital, said William Reece was admitted on the night of April 23 with bullet wounds in his abdomen and back. A bullet passed through the right kidney which had to be removed. He made an un-: eventful reeovery. William Charles Reece, elder brother of. aceused, said he was 25 years of age. He had live or six beers on the afternoon of April 23. He saw aceused' go through the kitchen into his bedroom and call his mother wlio returned to the kitchen to get hei; purse, He told 'his mother not to give aceused money. Going to Robert 's room witness said he hit his brother. Back in the kitchen witness saw aceused near the door with a rifle. His mother tried to take the j gun from aceused and witness brushed past her as she and aceused went into the passage. Witness heard a shot and found himself on the floor with a. wound in his abdomen. Cross-examined, witness said he gave his brother a fairly severe liiding. The beer he had probably made him more pugnacious. No evidence was called by the defence. Addressing the jury counsel said the evidence showed that aceused did not intend to kill his brother. He invited them to dismiss the attempted murder charge. He suggested that aceused used the gun expecting his elder brother to do him bodily harm, and for his preservation. The jury failed to reach an agreement on eaeh of the charges and his Honour ordered a retrial.