ATTEMPTED MURDER

Hokitika Guardian, 2 December 1920, Page 3

ATTEMPTED MURDER

CHARGE AGAINST HUSBAND

(Per Press Association.)

CHRISTCHURCH, December 1

Frederick Malaquin was to-day charged before Mr McCarthy, ELM. > n the Magistrate’s Court, with having at New Brighton on November 7th. attempted to murder his wife, Irene Ruth Malaquin by shooting at her with a revolver. Mr A. F. Donnelly prosecuted for the Crown and Mr M. J. Gresson represented he accused.

Mrs Malaquin stated that on November 6th, they retired about 11.30 or midnight. Witness went to sleep, and some time later woke, feeling a pain in the head. Her husband was standing beside the bed. He said that, witness “had a hole in her face,” and ho suggested that she had shot herself. She thought that someone outside must l)ave shot her. Her husband suggested that he should go for a doctor, but she would not let him, as she was afraid to he left alone. Her husband called in a doctor on Sunday morning and she was ordered to the hospital. At the hospital on Monday, her husband told her he had shot her accidentally and had admitted that to the police. Witness was very much surprised, brcause up till then, she had no idea who it was who had done the Bhooting. He explained that he thought lie had heard someone in the ■ house, but a search proved that he was mistaken, and while putting the revolver under the pillow, it discharged. She asked him why he had not told her before, and he said he was too scared to do so. She had lived happily with her husband, and there was no reason why he should want to injure her. The bullet 'was removed from her head at the hospital. She thought the present charge against her husband was sheer nonsense. Since coming out of the hospital she had been living with him. As far as the present proceedings wairi Concerned, she was. on her husband’s side.

Dr. Glasgow, of New Brighton, said Mrs Malaquin, when he was summoned to attend her,, said she did not knriw. how the injury was incurred, but suggested that she had shot herself, or that someone outside the house had shot her. He saw Malaquin on Sunday evening, who could not offer any explanation for the shooting except that possibly his wife had shot herself, or that he had done it in his sleep. Dr Gould said that the bullet wound was in the right temple, and apparently it had been fired in a downward and inward direction. Tlie hair around the wound was singed and the skin scorched, indicating that the weapon had been discharged at close range. It was unlikely that such a wound was self-inflicted. the woman was lying on her back when her husband was placing the revolver under the pillow, it would have been possible by the accidental discharge of the weapon,' to have caused the injury, but witness did not think it probable. Dr Acland gave corroborative evidence, but added that if the mail was standing outside the bee], Mrs Malaquin would have been deliberately shot. At this stage the Court adjourned rill to-morrow. CHRISTCHURCH, De c 2. In the statement of accused lie advanced the theory that his wife shot herself in her sleep. In a second statement lie said he got the revolver believing a burglar, was on the premises. He found no one and returned to bed, and in putting the revolver under the pillow it acidentally exploded, the bullet strikng "his wife He did not immediate ly go for a doctor as his wife clung to him and begged not to be left alone. Continuing his evidence, Qaurtermain detailed further conversations with accused, including a reference to alleged relations with other women.

Mr Gresson, who appeared for accused, subjected witness to a very lengthy cross-examination and took strong exception to what he regarded as a third degree examination by the police.

The Magistrate said Justice Edwards had laid it down that where a person was suspected of a crime, but the police recognised he might be able to give a satisfactory explanation of circumstances which appeared to tell against him, and they had not made up their grinds to arrest him, it was proper to give that person an opportunity of making an explanation. Two female witnesses gave evidence that accused posed to them as being a single man. ' •" !1

Counsel for the defence tendered Ma—laquin as a witness, but on hearing that the Magistrate considered there was a prima facie case to answer, the defence was reserved and the accused was committed for trial bail being allowed.