SUPREME COURT

Nelson Evening Mail, Volume LXIII, 3 August 1929, Page 8

SUPREME COURT

AUCKLAND SESSIONS (Ry Tolegraph—Press Association) AUCKLAND, This Day. In the Supremo Court Robert Francis Maddox (27), charged with attempting to murder .Terko Didovicli, a Dalmatian, and alternatively with assaulting him, was found not guilty. Evidence was given, that Maddox and Didovicli worked at the same quarry and were great friends. Maddox's wife made a grave allegation against the Dalmatian and Maddox tried to fire an. old automatic revolver at him, but it would not go off. His wife later admitted that the allegation was false. Accused in evidence said lie had forgiven. his wife and they were living together again. Air Sullivan, counsel for accused, emphasised the extreme provocation under which accused acted. Thp, test was whether the provocation accused received was sucii as to deprive him of bis powers of control. The Crown Prosecutor said the effect of provocation was to mitigate the penalty, but not to convert a guilty act into an innocent one.

Mr Justice Herdman, summing up, said there could be no clearer ease of attempted murder or assault. It was no doubt perfectly tru e that accused was distressed beyond measure, but it could not. lie said that lie acted on the spur of i lie moment. He went about making ileii borate preparations. Tli ( . jury look less than 15 minutes to decide upon a verdict of acquittal.

There was an unusual climax in (he trial of Grace Edith Darling Greenfield, married, of Rangialma, wlm was charged with fraudulently stating that she laid pasted a postal packet containing money. Accused, who obviously was seriously ill. was in llie dock nearly I wo hours, and she had to lie. supported from time to time by the police matron. After a retirement of four hours, tlie jury failed !o agree and a re-trial was ordered. Accused then pleaded guilty, and was mi the verge of collapse. She was con - vic/cd and ordered to come up for sentence when called upon.