KILLING NO MURDER. Dunedin, July 6.

Te Aroha News, Volume VI, Issue 280, 11 July 1888, Page 5

KILLING NO MURDER. Dunedin, July 6.

At the Supreme Court to-day Isaac Charlesworth was charged with wilful murder on the 29fah Api'il, of Bernard O'Neill. Mr Haggibb prosecubed for the Crown, and Sir R. Stout defended. Charlesworth is a cordial manufacturer at Kovburgh, and deceased was a miner. On April 4, they had been drinking together, and both were under the influence of drink when they went to accused's house. From the deposition of deceased it appeared that he gained an impression from Airs Charlesworth that one of the girls was not her daughter, bub a Miss Green from Victoria, and he made indecent proposals to her. He then joined Char! es'wor tli in the factory, and made some indecent observations regarding the girl, when Oharleawoi'bh, saying boinething about making money when he could, lifted a gun and lired at O'Neill, the gun being within a foot of him, saying : "I won't allow anyono to take liberties with my daughter.' O'JSTeill went outside, and Charlesworth called after him : " Come back, you fool, it's only powder." O'Neill, who had received a full charge of shot in his face, which was frightfully shattered, died on the 29th. Evidence was given by the son of accused and others. Sir K. Stout only called one witness as to character, and then addressed the jury. He contended that if Dr. Dunn, who attended, had taken Dr. Blairs advice as to the treatment of the wound, the man would ha\o been alive bo-day. It was nob the wound that caused death, butthe subsequent treatment of it. Then the accused stated that he did not know the gun was loaded, but even supposing the wound was intentionally inflicted, they could consider the provocation, and they should not imagine any greater. Justice Williams, in summing up, pointed out that if a serious wound was inflicted, and the man died by reason of such infliction, then the person inflicting it was guilty of murder or manslaughter, notwithstanding that with more competent medical tieabmenb it was reasonable to .suppose that he would ha\e tecovered. The law ab to piovocation was not satisfactory, but he directed the jury on lines when the words were consideicd provocation. The jury, after two hours' retirement, brought in a verdict of " Not guilty. ' Charlesworth was then formally arraigned on the coroner's inquisition, and on the judge's direction the verdict "Not guilty" was returned also, and the prisoner was discharged.