"HELD-UP" WITH A GUN.

Taranaki Daily News, 13 May 1920, Page 3

"HELD-UP" WITH A GUN.

INCIDENT IN FAMILY FEUD.

The detention of a man by his brother, armed with a shot gun, for 4."> minutes was described in the Christchurch Police Court, when Albert Edward Nieliol was charged with having, on January 10, pointed a shot gun loaded with destructive material, at' James Niehol, with intend to do him grievous bodily harm. Mr, R. A. Cuthtiert appeared for the accused. Sergeant O. J. King represented the policeThe complainant, An engine driver, residing at Lyt.telton, stated that on January 10 he was visiting his sister and Iter husband at Halswdl. At about 7 p.m., he left to return to Lyttelton. On the road he was stopped by the accused, who came from his own place, adjoining the residence witness had just left. Accused was carrying a double-barrelled breech-loader shot gun, and commanded witness to stop, and stood in front of him with the gun, with hammers cocked.

"WAITED FOR THIS OPPORTUNITY." Witness was at first afraid, but he did not try to get away. The gun was held point-blank at liim most of the time. Accused. held it from his hip, remarking, "I have waited for this opportunity!" To the Magistrate, Mr. V. G. Bay, witness said the gun was pointing towards him most of the time —about an hour —and if accused had any intention of using it lie had plenty of opportunity. He did not at any time, during the hour, say that he was: going to shoot witness-

The proceedings were watched by a sister of the two men and her husband. The latter said they were talking about a family dispute for three-quarters of an hour. They described how the two brothers stood in the road until the police arrived, and took possession o£ the gun, landing it to James rficbol. The latter discharged it.

SERGEANTS ORDER MISUNDERSTOOD. Mr. Day: It is rather extraordinary the cartridges were not extracted, instead of being fired. Mr. Cuthbert: The cartridges may have been "blanks." Police-Sergeant David Stewart stated that at 8 o'clock ho proceeded to Halswell, in company with Constable Pearce, In a motor oar. The constable and wit-

ness went up to accused and ordered him to drop the gun. They then seized accused, threw him, nnd took the gun from him. There whs a mistake made in firing the gun. What lie meant to order wns that the cartridges be taken from the barrels. There was loud and excited talking before the gun was discharged. Accused, when arrested, stated that he had been working hard for 80 years, and that hia wife and family were starving-

Mr. Cuthbert submitted that the police had to prove either the discharge, or the attempted discharge, of firearms, both of which were clearly negatived by the evidence, The accused had stood with the gun at hit hig foi three-quarter* oi

Jig an hour, and had not attempted to di* "Ji charge it. -v./ JS Sergeant King said that, in the ctr?' 1 cumstances, knowing that there was f ft family feud, it was not a question oj' t whether an attempt had been made oj'i li not, The danger was present, al> -1 through the -45 minutes, of the gun being - discharged without tho trigger being . pressed. i Mr. Day : I'll take the responsibility ■ of discharging the accused on the groutid • that there was no attempt made to dith charge the gun. . J