MADDOX ACQUITTED

Hokitika Guardian, 3 August 1929, Page 6

MADDOX ACQUITTED

! WIFE ADMITS FALSE ALLEGATIONS.. I3v Telegraph—Per Press Association.) AUCKLAND, August ?. In the Supreme Court, Robert Francis Maddox, aged 27, charged v.itli attempting to murder Jerko DidAvicli, a Dalmatian, and alternatively with assaulting him, was found not guilty. Evidence was given that Maddox and Didovich worked** at tlie same quarry and were great friends. Maddox’s wife" made grave allegations against the Dalmatian, and Maddox tried to fire an old automatic revolver at him, but it would not go off. Bis wife later admitted that the allegation was false. ■ ( Accused, 1 in evidence, said Be had forgiven., his. wi fe, • and they were living together again. • Mr fSullivan, counsel for accused, emphasised the extreme provocation undpr which the accused acted. The test?, was whether the provocation lie had; received, was. such as to deprive him’ 1 of his, powers .of control.

The Crown . Prosecutor, Mr Mere-dith,-said the effect of. the provocation was to mitigate the penalty, but not to convert, a guilty act into an innocent one.

Mr Justice Herdmnn, summing up. said there could be no case of attempted murder or assault, it was no doubt perfectly true accused was distressed beyond measure, but it*..could not bo said.'he acted on the spur of the .moment. He went about/ nial ing deliberate preparations.

The jury took less than fifteen minutes to decide upon a verdict of acquittal.

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