JEALOUS HUSBAND ON TRIAL

New Zealand Times, Volume LIII, Issue 12616, 29 November 1926, Page 7

JEALOUS HUSBAND ON TRIAL

RIVAL SHOT DURING QUARREL W WIFE’S PRESENCE FIERCE CROSS-EXAMINATION CROWDED COURT CHEERS AS JURY FINDS HIM GUILTLESS The trial of a wealthy man for the shooting of another, of whom he was jealous, ended in his acquittal, but he was sentenced to imprisonment on a minor charge.

By . Telegraph.—Press Assn. —Copyright. Australian and N.Z. Cable Association. (Received November 28, 11.5 p.m.) LONDON, November 28. A roar of applause, which was taken up outside the court, greeted the verdict of not guilty of murder or manslaughter, in which Alfonso Francis Austin Smith was charged with shooting John Adam Tytler Derham on August 12th, by shooting him with a revolver at “Stella Maris,” a house in Tankerton, Whitstable. ‘‘Oh, how splendid!” cried Airs Smith, who had waited every day, a pathetic figure, in an ante-room, occasionally peering through a glass door at her husband in the dock. She added that she had “A wonderful letter from him this morning. It means we shall be together again.” Mrs Derham, wife of the dead man, of whom Smith had been jealous, and who was shot during a struggle between, the parties at “Stella Maris," said: “I am deeply distressed, hut I cannot help feeling grateful that a second life is not to be taken." There were many dramatic moments during the trial of the case at Maidstone Assizes, under Mr Justice Avery. The tension in the court as the relentless cross-examination of Smith dragged detail after detail of the events leading to Derham’s death ped with the swoon of a woman juror, as Sir Edward Marshall Hall read a poignant letter from Smith to his wife: “YOU HAVE MADE ME SANE" “I have been mad lately, and in hell,” he said. “Now you have made me sane. I won’t leave a stone unturned to wipe out the past. I feel like a man who has been in a terrible fever, and has awakened from a deep, life-refreshing sleep. Don’t throw the lifebelt to draw it away again. God bless you.” Smith persisted, in answer to a fire of questions: “I swear I never touched the trigger. I never intended to shoot anyone. I didn’t fire the revolver. -1 never threatened to kilt Derham. I never bad murder in my heart.” Smith left the box after three hours’ examination. The gist of his story was that he intended to commit suicide, • for which purpose he bought a revol-

ver. A love letter arrived for his wi f t on August 11th from Derham. When Smith read it lie said he felt all his life's hope had gone. He wired to Durham to visit “Stella Maris,” his homo, in order to discuss the situation. THEATENED SUICIDE In the course of the discussion SmiF' suggested that both of them shou! ; leave the woman for three month' She and Derham refused to agree, whereupon .Smith said he would shoot himself. Derham interceded, and the three supped together. Smith again threatened to commit suicide, and prepared to remove his revolver from hi* hip pocket, in order to sit down. “J think Derham struck me, either the instant the revolver exploded, or just he fore.” Sir Edward Marshall Hall contended that Smith never contemplated murder, and appealed to the jury to free the prisoner, so that he might catch the lifebelt and return to a nappy life with his wife and children. During his counsel's address Smith for the first time showed strong emotion. The jury found Smith not guilty of murder and not guilty of manslaughter. He pleaded guilty to being in possession of a firearm with intent to endanger his own life, and was sentenced to imprisonment with hard labour for one year. At the preliminary hearing of tho case, on. September 3rd, tho prosecutor said tho relationship of the two men was of vital importance in investigating the case. Derham was a well-known international rink hockey player, of Claverhouse. Herne Bay. He was a grandson of tho late Brigadier-General Tytler, V.C. Smith, formerly an officer in the 4th Dragoon Guards, is the grandson of the late Mr Hugh Ryan and the late Sir Frank Smith, two Canadian magnates. From them he inherited nearly half a million dollars—£loo,ooo. Both Derham and Smith went to Eton and Cambridge, afterwards serving with distinction in the war. “I LOVE YOU TOO MUCH" *This problem can only be solved in one way; the removal of" your lover or myself,” said Smith, in a sealed letter to his wife. “I cannot go on supporting this great enemy of mind and heart. If you hold anything sacred in this world or the next, look after the children. . . I still love you too much.”