Domestic Infelicity.

Horowhenua Chronicle, 29 January 1913, Page 2

Domestic Infelicity.

A LEVIN SHOOTING AFFAIR

PRELIMINARY COURT PROCEEDINGS. John Ho nocks Whellan was charged at Levin S.M. Court yesterday afternoon witli that he did "on J anna,it 27th, 1913, at Lovin. dicharge at a certain person—to wit, John Wilkinson—arms, to wit a revolver, loaded with destructive material, with intent to do grievous bodily harm to him. the said John "Wilkinson." Detective Lewis came from Wellington to conduct the case for the police, and Mr C. Rlenkhorn appeared as counsel for the accused. llni bench consisted of Mr TL TL Gardener. J.P. and Mir F. C. Remington. J.P. Mr Blenkhorn said that at this singe he would ask merely for tlie case to bo remanded, and Whellan admitted to hail in his own recognaisanoos. This was a somewhat unusual application, hut considering the special circumstances he felt justified in making it, and he thought it reasonable. He asked that the case be "remanded so that it could come before the .S.M. when he visited Levin on filli February. Detective Lewis thought it would be better if the case was remanded to the 3rd February. It would not he a very great deal of trouble for accused to have the case .further remanded if necessary then. The detective said he understood some application for bail would be made: he would like to hear that discussed before saying anything further, but meanwhile he did not object to a remand. He understood that certain questions would be submitted to the magistrate. Detailiug' the main features of the caw 1 . Detective Lewis said it appeared that on Monday night Wilkinson went to Whellan's house and was followed by Whellan who had in his possession a loaded revolver. Wilkinson came out. and made his way over a fence, and a thick hedge in front of the house. While he was doing so. Whellan fired at him. twice, but fortunately he was not injured in any way. ACCUSED'S CONDITION. Mr Blenkhorn invited the attention of the bbench to Whellan's condition. He was very much shaken by this matter, and counsel was sure no one need be in fear of any repetition of the shooting. Counsel was very certain that when the full substance of the clia rge was gone into the charge would go no further than the magistrate. Counsel ask,ed that in the meantime Whellan be. remanded on his own recognisances. l He was a thoroughly respectable, hard working man. but he was not very well-known in Levin, and if lie experienced difficulty in getting outside. hail the position for him would [ be serious, as he had bis daily busi- ( ness duties to do. He had his wife and children hero to see to. and there was no chance of his leaving Levin ; he could be trusted out safely ■ on his own recognisances.

Mr Gardener: le is not a question of going; it is a question of whether there is any danger to life . Mr Blenkhorn : We have the man Wilkinson here in front of 11s; let him bo called out and interrogated. Wilkinson is not a resident of Levin ; he is from Wellington. <ind h* would go hack there, no doubt, and thus be out «of Whellan's way. The bench might make the hail conditional upon Wilknson going back to Wellington. And Whellan could be required to report himself to the police daily. Mr Gardener: But we can't control Wilkinson's actions; he is not responsible to us. Mr Blenkhorn: No: but this : s not n very large place, and Whellan could, he kept under surveillance without difficulty. Mr Gairdener: Of course the police have their responsibility. They must be heard. Detective Lewis: T don't want io hamper tho accused, but the charge is a serious one: therefore I oppose the application to have the accused (.admitted to bail on his own recognisances alone. Mr Gardener: The question for the bench to consider is whether 1 ho offence is likely to be repeated befor the hearing conies on. THE I'OLTCE VIEWPOINT. Detective Lewis: f don't know the accused, but J am assured by Constables Bagrie and Longbottom that accused will be sure to answer his bail. But T don't know tho state, j of his mind. Although ft my i hamper him in getting bail. I must | say that this point as to his mind must be gono into. Mr Gardener to Mr Blenkhorn: Did accused usually carry a revolver ? Mr Blenkhorn : Yes. your worship, he kept it at his .business premises. Mr Gardener: Was he anticipating this visit to liis Tiome T>y tliis man? Mr Blenkhorn : Ho was, Kir. Mr Gardener: Wo. (the bench) have to take this responsibility: we are here, to consider this: wo hear that a- man shot at a man; he meant to do him bodily harm. The point remains whether thi« man is a. fit and proper person to bo at lan-gn Tt seems that 110 fired with intent to do grievous harm; what is his mind now? TO FRTG HTEN—NOT TO HURT. Mr Blenkhorn: As [ ascertain tho position he fired at this man not with intent to do bodily harm; bin intent was to stop this man Wilkinson from coming to liis place; to got the parties together and either havo the matter pa tolled up conditional upon Wilkinson's continued absenco or (as an alternative) secure by Whellan's witness,. Aetridge, evidence with a view to future proceedings for separation or divorce. When he found Wilkinson in the house ho told him to stop, meaning that \rtridge then should come up; Wilkinson, however, made a bolt. Accused whs on the front verandah at the time—he could almost liavo touched Wilkinson with the weapon —and if ho had meant to kill him he could have fired then, almost without the possibility of missaig. And to get on to' the road Wilkinson

had to cross a livo hedge- and a wiro fence. Mr Gardener: Ho had the revolver loaded. Mr Blenkhorn: Yes, loaded; ut he did not fire it until Wilkinson was over the fence. I submit that no did not firo it at Wilkinson. W r o all know that if a bullet goes near anyone an unmistakenblo sounfi heard. Wilkinson says he heard nothing of the bullet. What Whellan did was to discharge his revolver towards the ground 1 , with the intent to make Wilkinson stop. Instead of doing so, Wilkinson called out that he had been shot. Then Whellan, filled with regret loir his act fell on the ground and roared as if ho had been shot. That showed tlie state of mind he was in. and is n proof that lie is unlikely to injury to Wilkinson now. It is a state of mind from which he has not recovered yet. Mr Gardener: It is not for im to jav whether he shot at this man with intent or not. As I have said before it is whether he is likely to repeat it. Is Wilkinson going away? Mr BTenkhorn: He is. I suggest you call Wilkinson—he is here—and ask him. THE MALE IN THE CASE. Wilkinson, a man of about thirty years of age. small stature, clean shaven, and a Julius Caesar chin, stepped forward, and answered clearly, quickly and calmly all the questions put to him. He did not live in Levin he said; ho came tip on Monday night, meaning to stay to see the A. and P. Show. Ibis was only the second time he had been in Levin. Though his intention had been to see the show he was willing to go back to Wellington to-morrow if that would help Whellan. He had no fear of Whellan; did not think Whellan would fire at him again. The bench intimated that after hearing Mr Blenkhorn's account and the statements of Wilkinson it was of opinion it would be justified in admitting "Whellan to ball on his own recognisances. The bench thoughl it would be only iright for Whellar to report himself to the police every day while he was out on hail, mid an order would be made accordingly. Accused then was admitted to bail, in his own recognisance of £50, and the case adjourned until 4th Februarv.