SHOOTING ACCIDENT.
Young Man Lost Life While Hunting Pigs.
Per Press Association. OAMARU, January 2.
A shooting tragedy occurred in the Mount Fortune country, about twelve miles from Hampden, at midday yesterday, when Duncan McNiven Jackson, when pig shooting with two sons of William Murcott, fell on a schist rock. In attempting to save himself with his rifle he received a shot in the jaw, shattering his head, the rifle being cocked at the time. Death was instantaneous. The boys walked eight miles and reported to the constable at Hampden, who organised a search party. The body was found at 8.15 p.m., and it took eight hours to bring it to Hampden. Deceased was single and aged twenty-three. He was a butcher by occupation. -Star, 2/1/1934.
THE HAMPDEN FATALITY
Appreciation has been expressed by Constable C. Woodley, of Hampden, of the services rendered by the volunteers who assisted him in the recovery of the body of the late Mr Duncan Jackson, who met his death in the hills on a pigshooting expedition. The task of the rescue party was a very difficult one, and its members are deserving of commendation for the way in which they gave prompt assistance. -Otago Daily Times, 13/1/1934.
ALLEGED SLANDER, DAMAGES CLAIMED
The Oamaru. Magistrate’s Court was engaged throughout yesterday in the hearing of a claim by Grace Green, of Hampden, against Elizabeth Gibson Jackson, of Dunback, and Duncan McNiven Jackson, of Dunback, farmer, arising out of alleged slander. Actions in the nature of counter claims, were taken by the Jacksons, the hearing of the first two cases being taken together, the third action being held over. Mr J. S. Sinclair (Dunedin) appeared for Grace Green and Mr J. H. Main, instructed by Messrs Duncan and MacGregor (Dunedin) for the Jacksons.
The statement of claim set out that on May 5. 1934, at Hampden, Elizabeth Gibson Jackson falsely and maliciously spoke and published of the plaintiff to L. Stevenson, of Hampden, and other persons:— “She robbed my son. You had better guard your property or she will rob you, too. We want our rights. We want the things Grace robbed Duncan of.” The defendant thereby meant and was understood to mean that the plaintiff was a dishonest and fraudulent person, who had committed theft in respect of the property of Duncan McNiven Jackson (deceased), and that the plaintiff was dishonest and not fit to be trusted as a person who was likely to commit theft, and in consequence of the publication of the words the plaintiff had been injured in her credit and reputation, the plaintiff claiming from the defendants £73 damages. The claim further stated that on May 5, 1934, at Hampden, Elizabeth Gibson Jackson assaulted and beat the plaintiff by striking her on the face and head with her hands, knocking her down and dragging her by the hair, the plaintiff claiming £25.
In the counter claim Elizabeth Gibson Jackson alleged that on May 5, at Hampden, Grace Green assaulted and beat her by striking her on f the face and head with her hands, and kicking her on the body and legs, knocking her down and dragging her hair by the roots from her head, for which she claimed £100 general damages.
Duncan McNiven Jackson, as administrator of the estate of Duncan McNiven Jackson deceased, sued Grace Green in respect to a quantity of personal effects in her possession, the property of Duncan McNiven Jackson, for which application had been made for her to hand them over, which she had neglected to do. The personal effects comprised underclothing, shirts, socks, shoes, tennis racket and press, diary, clock; 1 new, white-silk muffler, and a razor, valued at £25, for which £25 was claimed.
Addressing the court, Mr Sinclair said Miss Green was engaged to Duncan Jackson, a fine young fellow, who lost his, life while pig shooting on New Year s Day. Following on his death they would have expected something of the nature of consolation and sympathy, but the Jacksons were hostile to her, and heaped abuse on her of a vindicative nature, and threatened her and charged her with stealing money belonging to the boy, and stealing chattels. The boy died intestate, the estate being sworn for death duty purposes between £300 and £400. The girl did not receive any of that, nor did she expect it, but she did expect sympathy from his relatives. Later in January Mrs Green received a call from Constable Woodley, the purport being to make inquiries as to the girl’s honesty as to money she had failed to account for to the estate. Mr Sinclair referred briefly to the events leading up to the alleged assault. Miss Green invited Mrs Jackson to her bedroom, and cries for help were heard. Miss Green was found half lying on the floor with Mrs Jackson holding her by the hair. The girl had obviously been assaulted, and it was with difficulty that they got Mrs Jackson away. Mrs Jackson was very abusive, and made the statements set out in the claim. The words were defamatory and actionable, and the girl was entitled to substantial damages. The purport of the evidence was to prove malice on the part of the defendant who published the defamatory statements, so as to injure the girl’s character.
Grace Green stated that a few days after Duncan Jackson’s death she called on the Jacksons at Dunback. It was a friendly call, bat after a while Mrs Jackson asked her about the money that Duncan had saved. He had given her to understand that he had money saved, but she did not know how much it was or where it was. She told Mrs Jackson this, but Mrs Jackson accused her of telling fibs, which upset them both. Constable Woodley made the next inquiry at her own home, asking her if she had the money and clothing. She told Constable Woodley that she did not have the money, and heard no more from the police. Witness then described meeting Mrs Jackson at Mrs Murcott’s, Mrs Jackson accusing her mother of taking Duncan’s money before he was killed. That was quite untrue. Mrs Jackson tried to assault witness, and would have done so had Mrs Murcott not stopped her. They asked to see her bank book, and she offered to show it, but they would not come to Mr Stevenson’s to see it. Witness then described the conversation, between her and Mrs Jackson, when Mrs Jackson called at Mr Stevenson’s on May 5. Mrs Jackson called her mother names, and after an argument Mrs Jackson hit her, and witness hit back and did her best to defend herself. Duncan Jackson had not given her money, but had given her a few presents in addition to the engagement ring. He received most of his meals at her mother’s, but did not give her mother money. Witness denied the allegations contained in the counter-claim, but said she tried to defend herself. After the assault witness had a stiff neck and a sore head where hair had been pulled out. Duncan Jackson during his lifetime sold his lawn tennis racket to Mervyn Stringer, and then had the use of her racket.
Ellen Isabella Green gave corroborative evidence in reference to the visits of Constable Woodley and the Jacksons to her home at Moeraki. Witness did not receive any money from Duncan Jackson, nor did she have any of his effects. Mrs Jackson accused witness of having her son’s money, and then accused witness’s daughter.
Constable Woodley gave evidence of going to Stevenson's place at Hampden on May 5, where Mrs Jackson, in the presence of several persons, said Grace Green robbed her son, and they wanted their rights. He also gave evidence of investigation of a complaint as to theft of money or goods, the police taking no action.
Rachel Murcott related the visit of the Jacksons to her home, the Jacksons accusing Miss Green of having their sons money. There was trouble, and Mrs Jackson got up to strike Miss Green.
Losh Stevenson gave corroborative evidence as to the occurrences at his place at Hampden on May 5. Witness said Mrs Jackson had Miss Green by the hair with both hands, and was pulling her about the room. Witness requested Mrs Jackson to leave the place, but she refused to go, and three of them put her off the place. Mrs Jackson repeated the words about Miss Green, that "She robbed.my son,” and warned witness to take care or “she will rob you too." The meaning he took from these words was that Mrs Jackson accused Grace Green of being a thief.
Evidence corroborative of that of the last witness was given by Henry John Murphy, Cecil Stokes, and Martina Lydia Stevenson, who deposed to the alleged defamatory statements being made, the first two saying that they took it that Mrs Jackson was accusing Miss Green of being a thief.
Mr J. H. Main said that the defence was a complete denial of any assault by Mrs Jackson on Miss Green, the position being quite the contrary, Miss Green being the aggressor. It was for that reason that there was a claim by Mrs Jackson for assault. The evidence would be that Miss Green struck Mrs Jackson with her clenched fist in the face, pulled her about the floor and kicked her. When the previous witnesses arrived at the room Mrs Jackson was lying half on the bed, with Miss Green still attacking her. Mrs Jackson would say she was put out of the room very roughly.
Elizabeth Gibson Jackson said she and her husband were quite happy about her son’s engagement to Miss Green. Her son was saving money to get married. The only asset in his estate was his life policy, and when his clothes were returned home there was only two pennies and sixpence. Witness asked Mrs Green how it was that her son died destitute, Mrs Green replying that Grace and Duncan had been saving, to get married. She denied using insulting or offensive words to Mrs Green. She recounted the incidents at Mrs Murcott’s place, and the remarks made about the money. She denied the statements made by Mrs Murcott in evidence about going to strike Miss. Green. That was absolutely untrue. She also related her visit to Stevenson’s place at Hampden, where they again spoke of the money, when Miss Green said: "You cant get the money even if you try all your life. Even if mum does hold £100 or so of Duncan’s money, you can’t get that. You simply can’t get it.” Witness told her she would give her seven days to have things settled up. Witness was about to leave when Miss Green struck her on the nose with her clenched fist, and then pulled her all over the place by the hair.
Mr Sinclair: She got a headlock on you? — Witness: She certainly did, such as I never had before nor want again.
Witness, continuing, said that Miss Green kicked her, screwed her nose and dug her nails into her face, and she could feel to this day where she pulled the hair out of her head. Witness became alarmed and called for Mr Jackson. Miss Green lost her temper completely, but witness never lost her temper. When Stevenson and others came in witness was lying on the bed with her feet in the air, and Miss Green was punching her in the stomach. Witness was pulled out of the door. Witness made no disparaging remarks about Miss Green, and she denied using the expressions or saying anything that would lead people to think Miss Green was a thief. She did not think Miss Green was a thief.
The hearing at this stage was formally adjourned to next Wednesday. -Otago Daily Times, 30/8/1934.
Unfortunately, the sequel to that day's proceedings is not to be found in Papers Past.
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