MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2852, 17 August 1916, Page 9

MAGISTRATE'S COURT

SERIOUS CHARGE

SHOOTING AFFAIR AT BALLENA BAY

R'ddell, S.M., presided at tflß Alagistrate's Court yesterday. Joseph Bouchcr was charged that, on •Inly 22, lie did shoot at one Arthur 'Stephen Durling with intent to do him griovous bodily harm. Mr. P. W. .TackBon appeared for the accused, and Inspector Hendrey conducted tho prosecution.' Dr. Pattie gave evidence that in response to a telephone message from nccusod he went to the latter's house in Ballena Bay. -When he arrived accused, his wife and child, and 'another woman were in the house. The patient was !'"JB on a bed, and was groaning a little. The injured mau had no coat »«• He made an examination, and lound an abrasion over the, ninth rib. Be examined the coat worn, by the patient and found tliat a bullet had entered near tho flap and made its exit four inches further away, showing that it glanced on tho rib, and so caused the abrasion. Durling was bleeding from the scalp, and on ■ examination witness found a slit about a third of an inoh long and not vary deep. The hair was not singed, nor was there a smell of powder". There was a distinct smell of powder on the coat. He thought the wound on the scalp was caused by a blow from a revolver. None of the injuries wero serious. Arthur Stephen Durling, returned soldier now at work as a steward and hotel porter, said that he went to live with Boucher about five months ago. The first disagreement lie had with Boucher was on the day before the shooting. He came into town at Mrs.. Boucher's request to get 6ome medicine, and she told witness to call at Boucher's shop and get. tho money for the medicine. He did as he was directed. Boucher threw down tho money, and told witness to get out of the Bhop. He knocked about town, and returned -to Boucher's honsß lata in the evening. Mr. and Mrs. Bouchcr were in bed. He opened Mrs. Boucher's bedroom door, and tlrrew the medicino package on to her bed. Accused, who ,was in another room, called out: "Come out of 'that you English -—." . With that, witness went into Boucher's room, caught him by the shoulder, and told him not to call him such name 3. Next day accused's daughter gave witness a letter, which was practically a request for witness to leave the house. Witness came into town to look for lodgings, and returned to Boucher's in the evening to get his bag. Boucher atul his famil.v were having tea. Witness admitted that he was intoxicated at the time. Accused said witness was living or. women, with that witness got up to attack accused, when tho shooting occurred. Two shots were fired. Mrs. Boucher called out: 'You've shot him." Witness could not account for Boucher's action, eicept that lie was probably jealous. . V ■ ■ . In cross-examination witness admitted that he took Mrs. Boucher to a, house in Willis Street, and introduced her as his "missus." On July 31, he was working at the United Service Club, and asked the chief steward for leave, as he wishved to go to Auckland. He [ told the steward that his sister had died, which was not true. Ha left the club the next day, ostensibly to go to Auckland, but went out to Boucher's. ' Constable Burnett, who arrested aocused, said he saw Boucher, at his shop on August 3, and questioned him about the affair. Accused promised to write out a full account of the matter and hand it to witness the next day, which was done. Witness obtained the revolver and a box of cartridges from Mrs. Bouqher. Mr. P. W. Jackson 6aid there was no intent on the part of the accused to injure Durling, as would be seen from the statement of the accused, who had had extreme provocation. He suggested the case was hardly one to be sent to tho higher Court. ' Accused was ' placed' in the witnessbox, and stated that the statement he handed to Constable Burnett was * fairly accurate account of tho occurrence. He explained that Durling tackled him, and' Mrs. Boucher called out to Durling to let aocused alone, as he had a revolver in his pocket. He drew his revolver to frighten Durling. and in the struggling and excitement of the moment the shooting occurred. Since the occurrence Mr«. Boucher had left her home and he did not now know where she was. Cross-examined by Inspector Hendrey, aocused admitted that Mrs. Boucher hid tho revolver under the house because she was afraid accused would injure himself. He secured the revolver on the afternoon of the day in question, loaded it, and placed it in his pocket. ■'Mr. Riddoll said accused had no doubt some provocation, but the question was whether he did not go too far. ' He felt that he must commit the accused for trial in the Supreme Court. Accused reserved hi 6 defence. Bail was allowed in .£SO and one surety of .£SO. \ OTHER CASES. ® Alfred Hansen was oharged with the theft of four brass padlocks, valued at 13s. id., the property of tho N.Z. Government. He pleaded {fuilty, and was sentenced to a month's jmprisonmont. For insobriety, Arthur Briggs was fined 205., in default three days' imprisonment, and Alexander M'Swaney was convicted and discharged, and for a grossly indecent act ho was fined 40s'., the alternative being 14 days' imprisonment. May Houston charged with insobriety, was remanded in custody, and is to be sent south to friends. Joseph Carver and Charles Lawson, on charges of theft, were remanded to next Wednesday.