MURDER CHARGE

Hokitika Guardian, 29 December 1933, Page 3

MURDER CHARGE

ACQUITTAL OF DEFENDANT

JURY’S BRIEF RETIREMENT.

i SYDNEY, December 26

A jury in Sydney found Robert William Bartley, agqi 27, seaman, not guilty of the murder of 'James Agnew, aged 42 ,seaman, at Mortdale. Jn outlining the Crown case, Mr Weigall, K.C., said it was admitted that the shot which killed Agnew was fired by Bartley. Tlie point at issue was wnether the killing was justified. Agnew was very violent when drunk. Bartley told the police that lie had fired to frighten Agnew.

Mrs Agnew gave evidence that her husband and accused were on good terms. Just before the shooting they had been camping together. In a statement from the dock, Bartley said that he and Agnew had always been the best of , friends. He had been dreadfully upset trying to pacify,- Agnew, who was going about like a raving lunatic. _ He had no intention of using the revolver. He had never fired one in his life before. “I don’t remember it at all,” Bartley concluded. “I swear I never meant to hurt him, let alone kill him. He was my best friend.”’ The Judge said that if both counsel agreed, lie did not intend to leave the issue of murder to the jury. The provocation was such that the higher charge was not appropriate. Mr Wait (for Bartley) said that the charge was murder, and the jury could, if it liked, find manslaughter. His Honour said that lie would give the fall directions as to murder and manslaughter.

Mr Weigall said that it was an unfortunate case. He would have liked not to have filed a hill against accused, but the law had to be administered. The jury returned their verdict after a retirement of a few minutes. Bartley was remanded to bis former custody •on a charge of having been in possession of an unlicensed revolver.