STRANGE SHOOTING CASE.

Stratford Evening Post, Volume XXV, Issue 52, 4 March 1915, Page 2

STRANGE SHOOTING CASE.

NOT CUILTY ON THE GROUNDS OF INSANITY.

At East Maitland (N. 5.W.) inst week. Thomas Kdward Riloy was placed on trial before Judge Fitzhar li'ge, on a charge of having, at \Vt«ston <»n October 3, 1914, malicious':' «h»>c at Senior : Constable WlilV* wiih intent to do greviotis bodily harm. There were two other counts of aimgfj [ualL ciously shooting *• i<h intent at ("•tilstable Whits a:i Robe'? Kilwm Foster.

| It was shown in evidence that about !l2 o'clock on October 3, Robert Edwin \ Foster, a baker, called it accused'.' |residence at Sawyer's Dully to deliver |bread, and was getting down off the cart when accused pointed a gun at him, and told him to put the bread on the post. Foster ran behind a cart, and accused fired. On the police arriving later in the afternoon, Sen-ior-Constable White said to accused, "What! are you going to shoot Tom ?" Riley replied, "I will shoot you." The (constable said, "No, you won't," and [accused replied, "If you pass :.bat hat there I will shoot you dead." There was a hat on the roadway in front of Riley's fence. Accused put his arm on the fence and pointed a gun at jConstable White, but the latter ducked down under the shelter of the fence, and the shot narrowly missed Constable Leslie, who accompanied him, and who dropped flat on the ground. Leslie replied with a revolver shot, but missed. White then jumped over the fence, and, as accused was swinging the gun at him, Constable Leslie fired two shots in quick succession, one of which took effect in Riley's thigh. A shot fired from a shotgun by John Lewis wound, ed accused in the neck and shoulder.

Accused, it was stated, appeared very excited before the shooting, and for days afterwards. About " three years ago he brought about his brother's death by shooting, and he then received a sentence of two yers for manslaughter. Medical evidence given by Dr. Heupt, who attended him in the hospital, was that he had formed the conclusion that accused was a mental degenerate, and was suffering from an organic lesion of the brain. Dr. R. G. Alcorn, Government Medical Officer, said that from observation oft Accused he formed the opinion that he did not appear to be responsible for Ins uctions, and he (accusel) spoke of the offence in a very light way, not realising the enormity of it. Accused, he had come to the conclusion, was subject to temporary fits of insanity, which took a homicidal tendency.

In a statement from the dock accused said that there was no insanity about himself. When the trouble occurred be had got his cages out to clean the birds. Two of his best birds got away, and he was aggravated, 'aid released the whole of them. He got his gun, and was shooting at the canaries for the purpose of driving them'into the bush. He told the baker to put the bread on the fence, but he seemed to be dumbfounded, and ran down the road. He (Riley) then fired the gun to start the horse off. After dinner he went into the

garden, and took the gun with him because the canaries were about the place. He also started to tear up the trees that had not made proper growth, in order to plant others. There was a panel in the door that had been, cracked where be once threw a stone, and he kicked it in for the purpose of repairing it. When be, found that Constable Leslie had him covered, with Iris revolver he fired his gun, but into the air.

I The jury found accused not guilty, on the grounds of insanity. His Honor ordered Riley to be kept in strict custody in the Maitland Gaol until the pleasure of his Excellency be made known.