COLENSO FOUND GUILTY

Hokitika Guardian, 6 November 1930, Page 3

COLENSO FOUND GUILTY

OF MANSLAUGHTER. SENTENCE OF THREE YEARS. | By Telegraph, Per Press Association. CHRISTCHURCH, November 5. At the Coleridge murder trial. Constable Gibson, of Coalgate, described the position of the body when found. Detective-Sergeant Young gave evidence of the arrest of Colenso and of Farquharson. The accused gave his name and said: “Yes. 1 shot him. He called me for all the blank, blank, bland, names he could lay his tongue to.” Colenso made a written statement? (produced). When charged with murder, Colenso said. “Will they hang me?”

QUESTION RESENTED. I . Mr Stracey: Was any pressure used i to obtain ‘The statement? . Witness:—No pressure,was used. We ’ don’t do that. 1 resent the question. ; The statement was given fairly and . frankly, y"' , • ■ , j His Honour :—! should he very sor- ■| ry to think that any pressure should : bo used. rifle light in the pull. i Thomas James Smallwood, a gunsmith," said the rifle was a .22 calibre , Stevens visible loading repeating rifle, , with a defective magazine. Both the hammer part and cocking gear were , defective. The rifle was very light in the pull. Whereas a pull of three to three and a-half pounds was normally necessary, this rifle could he fired with a jjull of one pound. A rifle with such a light pull might he discharged by being knocked on the ground. The accused’s rifle was undoubtedly liable to Accidental discharge. the Crown’s case, and Mr/Lais'celley announced that he would aii> evidence for the defence. ADDRESS TO JURY. Mr Laseelles, for the prisoner, in addressing the Jury, argued that the Crown had not proved the charge o. murder. He contended that if the accused pointed his rifle in self defence, not meaning to cause death, he was justified, and was entitled to acquittal. The accused used his rifle to defend his own person. The quarrel was hot of his own seeking. He was abused, stalked, and cornered by a powerful opponent, In. self defence —physical resistance being useless against such a powerful opponent—he had recourse to a defentivc gun. Counsel submitted that death was the result of accidental shooting after a quarrel which Cockburn himself provoked. THE SUMMING UP. The Chief Justice summing up, said that, were he. in the jury’s place, he would not find the prisoner guilty of murder. On the question of self defence there was no evidence of assault, but only insult. “If you come to a conclusion that there was definitely ail assault, and; that the accused eouk not have foreseen his gun going off, you will be justified in acquitting him. Rub it does, seem to me you will have to go a long way . before you find that Colenso himself was really guilty of assault when he pointed his gun at the other main Frankly, I don’t.think I you are justified in finding that Colenso really, meant to cause his death. I don’t say it would not be possible lor you to find murder, hut J don’t think it is safe. T recommend you, therefore, to consider the question of manslaughter. Murder' may be reduced to manslaughter if the person commits it in a sudden passion to which he is provoked. If you come to the conclusion t!i;it- he did it under these circumstances, tliafc is manslaughter. VERDICT AND SENTENCE. rhe-Jury,, after 45 minutes’ .deliberation,. found. Colenso not guilty of murder, but guilty of manslaughter, with a recommendation to mercy. The" prisoner was sentenced to reformative 1 detention for three years.