Intruder Met With Blow in the Eye

Manawatu Times, Volume 62, Issue 42, 19 February 1937, Page 2

Intruder Met With Blow in the Eye

ELDERLY MAN’S STORY IN- - (Special to "Times.") HASTINGS, Feb. IS. Evidence that he had subdued ar intruder by hitting him in the eye was given by & 07-year-old man before Mj J. Miller, S.M., in the Napier Magistrate's Court this morning when James McMahon, aged 30, of Puketitiri, bricklayer, was charged with breaking and entering by night the dwelling-house ol Cecil Laurence Kenneth 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 labourer, said that he lived with his son-in-law, Kenneth Staples, at Puketitiri. On February 6 the latter, with his wife and family, left home about eight o'clock, leaving witness alone io the house. Witness retired shortly after, and went to sleep. Ho was awakened by a noise ottside, but upon investigation could see nothing. Shortly after one o'clock the next morning ho heard a noise on the steps outside the house, and stayed in bed listening. He waited to hear the door, and later heard footsteps 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 eandle. On entering the room, he saw a man stooping over a chest of drawers. The man was a stranger to him, and sva-s the accused. "I him what he was doing there," continued witness. "He did aot reply, and walked slowly towaid me. When he came near he quickened ais movements, and I struck him on the read. I thought he might be going to ;ake to me or escape, and I wanted to get in first, so I hit him with my fist. L made him come into the kitchen and sit on a chair till the family came lome. ’ >

While they were in the kitchen, accused wanted to go and meet Mr Staples, saying he had seen him at the >arty. He also offered witness a jigarette but did not give any excuse ior being on the premises,. Ho was not ntoxicated, but said he had had two )eers.

All the doors and windows were dosed, but the doors were not locked, Cross-examined by Mr Hallett, wit loss said that accused was quite docile ifter being etruck, and made no atempt to escape or to retaliate. Evidence that he had gone with his vife and family to a surprise party at i house some distance away was given f >y O. L. K. Staples, son-in-law of the >revious witness. He found his father-n-iaw standing guard over accused in he kitchen. Both the children's and vitness's bedrooms had been ransacked —bedding on the beds had been turned >ack and drawers opened, and one Irawer was on the floor. Some boxes »n the chest of drawers had been ipened. and the contents disturbed. /V r itnes<3 returned to the kitchen aud irdered accused out of the house. Ac* used offered to submit to a search. Chore was nothing missing' from the iouso*

Before coming home, witness had >een introduced to accused at tho >arty. He was then sober. Corroborative evidence was given bv drs F. fcitaples. Constable J. Gartley, of Taradale, jave evidence of visiting Puketitiri on Tebruary 10. Interviewed there, acmsed admitted being caught at Mr Staples's house by Mr Welch. He java a statement in which he said he •emembered nothing • about his actions jetween the time he left the party k nd the time he was hit in the eye. He ittributed this loss of memory to the imount of drink he had taken. When irrested he told the constable that he lad been in the house and was prepared ;o take whatever was coming to him. At the conclusion of the evidence, iccused pleaded not guilty and reserved lia defence. Bail was allowed for £l5O, vith one security of a like amount.