INTRUDER SUBDUED BY BLOW

Hawke's Bay Herald-Tribune, Issue 29, 18 February 1937, Page 6

INTRUDER SUBDUED BY BLOW

Elderly Man Hii Him in The Eye EVIDENCE IN COURT Evidence that he . had subdued an intruder by hitting him in the eye was given by a 67-year-old man before Mr J. Millef," S.M.," in the^ Napier Magis. trate ;s Court this mormng when James McMahon, aged 30, of Puketitiri; bricklayer, was charge.d with breaking and entering by night the dwelling-house of Cecil Laurence Henneth Staples with intent to commit the crime of theft. Accused' pleaded not guilty and was committed to the Supreme Court at Napier for trial. William Henry Welch, ' retired labonrer, said that he lived with his aon-in-law, Kenneth Staples, at Puketitiri. On Pebruary 6 the latter, with his wife and family, left home about eight o'clock, leaving witness alone in the house. Witness retired shortly after, and went to sleep. He was awakened by a noise ottside, but upon jnyestigation could see notHing. Shortly after one o 'clock the nest morning he heard a noise on the steps outside the house, and etayed in bed listening. He waited to hear the door, and later heard f ootsteps coming through the house and up the passage. He heard the footsteps of someone going into. a bedroom. 'Witness got out of bed, pulled on some clothes, "and went into that room, carrying a lighted candle. On entering the room, he saw a man stooping over a chest of drawers. The man was a stianger to • him, and was the accused. "I asked himr what he was doing there,' * continued witness. "He .did not reply, and walked slowly towai d me. When he came near he.quickened his movements, and I struck him on the head. I thought he might be going to

take to me ■ or escape,. and. I. wanted to get in first, _ so ,1' hit liihi with my fist. I made him c.ome into, the kitchem and sit on a chair till the family came hoIne.^, While they. werd.in the. kitchon, accused wanted to go . and • meet .Mr Staples, jgaying he ha'd"seen him, at the party. "He also ' offered ' witness a cigarette but ".did . not give any excuse for being on 'the- premises,. He Was not intoxicated, but said he had had two beers. ' • | All the doors and windows ■ were | closed, but the doors were not- lockedCrossiexamined ; by Mr Hallett, - wit. ness said that accused was quite doeile after being .etriick, and made no attempt to esCape •• or to , retaliate. , Evidence that he'had gone with his wife and family to a' surprise party at a house- some distance away was-given by C. L. K. Staplesj. sOn-in-law of the previous witness. He found his .father-m-iaw st'anding.guard over accused in the kitchen. Boiii the children 's and witness 's bedrooms had been ransacked — bedding on the beds had been turned back and drawers opened^ and one drawer was on the'floor. Some boxes on the chest of drawers had been opened and the contents disturbed. Witness returned to the kitchen and ordered accused out of the house. Accused ofiered to submit to a search. There was nothing missing from the house. Before coming home, ' witness had - been introduced to*, accused at the party. He was then sober. Corro'borative evidence was given bv Mrs F. Staples. Constablc J. Gartley, of Taradale^ gave evidence of ..visiting Puketitiri on February 10. Interviewed there, accused admitted being caught at • Mr Staples 's house by Mf Welch. He gave a statement in whieh he said he remembered nothing about his actions - between the time he left the party a,nd the time he was hit in the eye. He ■ ittributed this loss of memory to the : amount of.drink he had taken. When ■ irrested he told the • constable that he ' tiad been in the house and was prepared, . to" take whatever was coming to him. ; At the conclusion of the evidence, ■ iccused pleaded not guilty and reserved his defence. Bail was allowed for £150, svith one secuxity of a like amount. '