FIREARM CHARGE

Hokitika Guardian, 24 February 1933, Page 5

FIREARM CHARGE

A FINE OF £5

FOOLISH, HOT-HEADED ACTION,

‘Arising out of an incident in Gibson Quay last Sunday, Frede'yick Denton Albert Wilder was charged at the Mag. istrate’a .Court this morning; (l)that he did assault on Charl eS Ernest Appleton ; (2) that he was in possession 'of an unlawful weapon, to wit, an automatic pistol, and ammunition specially adapted for use with an automatic pistol ■ (3) that he did carry an unlawful weapon beyond the limits of big dwelling without being the holder of a ]icens e to carry same; arid (4) that he did without lawful sufficient purpose present an unlawful weapon at the person of one Charles .Ernest Appleton. Mr A. H. Patterson appeared for accused and pleaded. . .guilty to two charges, the police withdrawing the charges of assault, and carrying. 1

Sergeant King said that accused lived in Greymouth and visited Hokitika frequently.. Appl/ston ,wa. s a widower living in Gibson, Quay. On Sunday night accused went to complainant (Appleton) to settle a grievance) and some heated words occurred,. Accused 'drew a pistol and presented it at complainant at a range of a few feet. Complainant waited his time and then managed to strike the pistol away,, and a- struggle ■ensued, the pair working,.their way out ion to flie. porch.. Complainant qailod out to ft: neighbour, McCarthy, who came in, and accused then, gave up the pistol and disappeared, after further heated words. Complainant then reported the matter to the police. A live cartridge was found in the pistol. Accused later returned to Greymouth, but, the next morning he came to Hokitika,—and went to the police ■station-where h e inquired if there waif any charge against- him. If so,-,he was prepared to meet it. No license was permitted for a person to carry an automatic pistol,' and accused had said that he' had taken it from a drunken sailor in but •it had been, a continued source of trouble. Accused was well known apd; was/. young chap. He was certainly angry, hut whether he intended ito use the pistol when. he left ' Greymouth was ■best known to himself.- No ghot was fired anu nobody .was hurt ,- i; ~ Mr Patt e rson said that; accused had no intention of using the pistol when he left Greymouth.,; The dispute involved a third party, and accused went to Appleton to .'secure,. or extort, a confession, although .it,, was. -a/ stupid ihove on hi>s part. Upon the intervention of McCarthy, Wilder had desisted , and handed • the pistol over peacefully. The pistol had not been taken,'; but bought; from the sailor in Wellington. : Counsel said that jt was only a hotheaded action of chivalrous devotion, and he wa s of good character and was held in high regard by- all- He fully realised the foolish --thing he had done, and it was certain .that he would not err again.. • ’ 1

Mr Murdoch, who' appeared' for, Appleton said that v the 'fact ■ that. Wilder had pohe to ! see complainant disclosed a motive. Complainant had replied to Wilder in an' angry tone, but if he had adopted a more conciliatory manner, and suggested'talking things over in a friendly manner a more peaceful eolation might have resulted. Counsel thought that an injustice'had .been don© m keeping‘Wilder in : custody. He had h e en instructed riot to. ask for any costs. Accused had been misled .by talk be had heard /with the result that he had committed a foolish, hot-headed action. Summing up, Mr M«Mrum said it a serious case. Th e fact tha a bullet was in the magazine, although not in the breech, than if any empty pistol had b used for intimidation, although not for Jniury. He would take into account the fact that accused had been in cusZ , Mil *>« r "« 6d ; a ”t inflict a fine to meet «*• circumstances. mode to «"> conflecatioi, of «» weapon*