Only two people knew exactly what happened early that Christmas Day, said counsel.
One of those two people is dead. Therefore it becomes important to know what explanation the accused woman has given of the events of that morning. She made at various times different statements.
It is right that I should say there is no discrepancy at all between any of the statements she has made, the only difference between them being that the last one, when she was charged with the manslaughter of Smith, is more detailed than the earlier ones.
*I should further make it clear that not only are the prosecution unable to disprove the story this woman has told, but there is specific evidence available to confirm it When she went to the lodge to get help she was very hysterical and distressed, and was shouting out: Jacko, Jacko. blood: get a doctor. I have shot him. I did not know the gun was loaded."
While she was in the lodge with Mrs. Fox she said, among other things: "I cannot think why he did it. It was so silly. We were so happy."
Mrs. Fox asked her what she meant, and she said: He was playing with his gun and persuaded me to fire it. a the shot went into the ceiling. After that he grabbed the barrel of the gun and held it. The gun went off and he dropped without a sound.
I told him to get up and stop fooling. Ithought he was pulling my leg. Then I saw the blood and ran for help."
To Police-Constable Rarkin she said:
"Jacko dared me to fire the gun. He pointed it at the ceiling, and I fired it. He got hold of the end towards his body and it went off I did not know it had two shots in it."
After being charged, said counsel, Mrs. Dillon made the following statement:—After Mr. Fox left the boathouse I went into the back place and made a large hors d'œuvres.
We had some food. Then Jacko caught hold of the gun which he had been playing with üefore. In the meantime, I gave him his Christmas present, but he said I must keep it until I received mine.
Then he brought the gun to me. I did not know whether it was loaded.
He asked me to point it and I did and went through the ceiling.
Mhen he got hold of it and said, Ca on, shoot,' and laughed, saying, There issnothing in it' It did not seem to make a big noise and he just fell to the floor face downwards. thought he was joking. Then I got hold of him and saw all that awful blood. After that I really cannot say what happened.... Then I saw Mr. Fox. He told me to wait until he had looked at Jacko. He told me he had made him comfortable until the doctor came and said he was dead.
The reading of these dramatic statements was followed with breathless interest by the packed court.
Mr. Barham, addressing the Bench, said: if you accept the explanations of.the accused, is there a prima facie coe of manslaughter to be found?
The evidence indicates that Mrs. Dillon was relying. on the. word of Smith that the weapon was safe.
To that be be, it will be for you to consider whether there is any eyiteuge on which a fury could fod there ws that reckless, wicked or culpable negligence which must be proved to carry à case across the line which di shes civil negligence from criminal negligence."
John Harrop, director of a firm of he E of Fallowfield, Manchester, and joint tenant with Smith of the -boathouse et Pullwood, then gave evidence, Shown a double-barrelled shot-gun. he said it was the property of Smith. and was ordinarily kept at the boathouse.
Mr. Harrop spent the night. of December 23 at the boathouse, and when he left the gun was in a corner by*the fireplace.
He had known Mrs. Dillon since May last. She and Smith were always happy and friendly together.
He had heard her say she was fond of him and that she would look after him.
Nr. Barham: She had rather a good effect on him?—She had.
Have you ever seen her handle a kw Mr. Harrop added that Smith had been in several motor accidents in the last three years.
Cry of Jacko, Blood, Get a Doctor sie at Pullwood, said, Mr. Smith kbs Fox, caretaker of the ran-often stayed at the boathouse, and on Christmas Eve arrived with a lady.
{hey appeared to be very happy and agreeable.
Mr. Fox told how, next morning, heating a woman's cry outside his lodge, he went out and came on Mrs. Dillon. She gripped his arm and cried hysterically, "Jacko, Jacko—blood—get a doctor."
He went to the boathouse and found Mr.*Smith lying on his back. He had beea shot over the left breast. The shot-gun was on an easy chair with the @utt on the seat and the barrels en the carpet.
Mrs. Violet Fox, wife of the last witness, said she went with a doctor to the boathouse, and saw Mrs. Dillon sitting on the stairs leading up from the gitting-room.
Mr. Barham: What did you notice about her feet.
Mrs. Fox: She had no shoes on, and her stockings were all torn and her legs, bleeding.
en the doctor came and said Smith was dead, Mrs. Dillon seemed as though she despaired, added Mrs. yg. Barham: Did she tell you she not married to Mr. Smith?—She "We were so happy.
I loved him so.
Was anything said about getting married or divorced?—Yes. She said: "When my divorce is absolute we are to he married."
Mq. Morris, eross-examining, mentioned that Mrs. Fox had said Mrs. Dillon stated Mr. Smith had fired the run. previously. Did she say what time that was? he asked.
Mrs. Fox: No. She just said before.
Mr. Morris: That was before the particular unfortunate accident' of which we know?—Yes.
M$. Morris submitted that the prosecution had not proved a case of manslaughter against Mrs. Dillon, one the Bench di issed the charge after a few minutes' absence.
Dr. A Renshaw, pathologist, said the injury to Mrs. Dillon's knees was consistent. with her falling when running for help. There were no signs of a' struggle.
In) view of the collapse of the chanze the inquest on Smith will be resumed at Ulverston.
Text read from the printed page and cleaned; old type leaves the occasional error.