ATTEMPTED MURDER CHARGE

Sun (Auckland), Volume I, Issue 278, 14 February 1928, Page 1

ATTEMPTED MURDER CHARGE

HUSBAND STANDS TRIAL

BEDROOM EPISODE IN PARNELL

ATTEMPTED wife-murder was the major count of three which Lawrence MacKenzie faced in the Supreme Court this morning before Mr. Justice Reed.

H E was also charged with assaulting his wile, Honour Clarke MacKenzie, so as to cause actual bodily harm, and with assaulting her. Mr. Meredith prosecuted, and Mr. Allan Moody appeared tor the accused.

The chief count of the three, said Mr. Meredith, was that of attempted murder. The MaeKenzies ha,d been married for about 12 years, and there were five children. Toward the latter years the marriage had not been a happy one. There had been talks of separation. It was last year that Mrs. Mackenzie finally left Hie accused and took two of the children with her to Whangarel. She returned to Auckland shortly before Christmas, upon learning from her husband that he was going away to a position. She returned with the Idea of selling the furniture and setting up a home in Whangarel. The real trouble, said counsel, started on the night of December 29. This night the accused borrowed a hammer from a neighbour, and, after placing it in the bedroom, began to write letters. A man named Bennett stayed in the house, but he went out early. ' At 8.45 p.m. Mrs. MacKenzie went to bed. In the bedroom was a gas jet, and she left this alight. In the kitchen was a gas grilier with a tube attached to it. Mrs. MacKenzie, continued Mr. Meredith, dimly remembered her husband coming into the room and saying something. She awoke in the early hours and saw the accused moving about the room. He had a lighted candle and appeared to be doing something with the gas jet. She went off to sleep, and the next thing she remembered was trying to walk across the room with blood streaming from her head and feeling violently ill. She finally got out of the room, but not before her husband said she was going to stay and die. She bathed her head and immediately roused Bennett and saw that the children were quite safe. It was later found that the gas tube which had been in the kitchen was attached to the gas jet in the bedroom,

and one end hidden under the bedclothes. The wound ou the forehead was such that it could have been inflicted by a hammer. In a statement to the police, the accused said he had no idea how his wife received the injury, and did not turn on the gas. He had complained to his wife about her conduct with another man. That man was not Bennett, with whom the accused was friendly. It would be shown, said Mr. Meredith, that the accused had threatened his wife when she was away, and had said that if she did not come home there would be five dead children. There had been many other threats. Mrs. MaeKenzie’s evidence followed the lines of the Crown’s opening. Witness identified the Mood-stained clothing, which made a gruesome display, as that worn and used on the night of the offence. WITNESS CROSS-EXAMINED Cross-examined, witness said the light in the bedroom hung from the ceiling. - Counsel: Your husband did not enter the bedroom after he followed you out?—No. ~ It is said by Bennett that this tube was not attached to the gas jet, as you say.—My husband may have gone back into the bedroom. Witness admitted that about eight months ago her husband lost his money, his position, and everything else. There had been quarrels for many years, but he had always been good to the children. He had been in bad health for some time past, and was subject to fits. After these fits he would act as if he did not know witness. He had two or three turns on the day of the alleged assault. MEDICAL EVIDENCE Dr. E. D. Aubin spoke of the Injury on Mrs. MacKenzie’s head. He was of the opinion that it could have been caused by a hammer. The injury was consistent with a fairly bard blow. To Mr. Moody: I do not think the woman would have much recollection of what had happened after the blow she received. It was probable that the assault was caused by the epileptic fits the accused was subject to. Re-examined, witness said that such epileptic fits could not be associated with motive. Ivan- Raymond Bennett, who was staying with the MaeKenzies, said he had known the accuaed for about eight years. When he arrived home just before midnight on January 29 he spoke to the accused, who seemed in good spirits. Witness was awakened early the following morning by Mrs, MacKenzie, who had blood over her face. When witness asked MacKenzie what he had been doing, he said he did not know. There was a slight smell of gas in the house. (Proceeding)