FEUD LEADS TO COURT

Sun (Auckland), Volume III, Issue 828, 23 November 1929, Page 1

FEUD LEADS TO COURT

Talk of Fight with Axes DISPUTE BETWEEN BROTHERS Fear of Being Killed JUDGING by evidence given at the Police Court this morning, when Martin Connell was charged with assaulting ; his brother, John Connell, there must have been some furious ! moments in the carpenter s cabin ot' the steamer Piako last Sunday. One witness said that John Connell called for an axe to i “smash up” his brother, to which Martin Connell had replied. “Yes. give me one, too. and treat us both alike.’’

Martin Connell appeared on summons and the case was adjourned for a week so that the defence could call another witness. Defendant was ~tveu his liberty after promising to keep away from his brother, with whom he was said to have a feud. Mr. Harrison appeared for defendant and pleaded not guilty. John Connell said that he hud found his brother unexpectedly in the carpenter's cabin on the Piako last Sunday evening when he had gone down to pay a call on the boatswain. Defendant had greeted him with abusive language and had knocked him out by butting him in the face with his head. Witness had taken his coat off at his brother's order, but that had not saved him from further blows. As a result of the attack, witness said he had spent two days in hospital and had had to undergo an operation. There was no provocation, but defendant was under the impression that witness was interfering with his wife and had had him put In the mental hospital. Chief-Detective Hammond: Martin was in the mental hospital. Mr. F. K. Hunt: 1 know he was, but only for a week, on remand. “DYING OF CANCER” "I am afraid of my brother," continued witness. “I have to dodge him all the time. He knows he has the wood on me and that is why he follows me about.” Mr. Harrison: Do you know that your brother is dying of cancer? Witness: It doesn't look much like it, the way he is playing the goat. Mr. Harrison: Well, the doctors give him no hope. The Magistrate: That has nothing to do with it. it is the assault we are concerned w ith. In reply to Mr. Harrison, witness said that his nose had been knocked to one side on Sunday, and other injuries included two black eyes. He gave his evidence while holding a blood-stained handkerchief to his nose. Some of John Connell's injuries were recent, but others were of long standing, according to Dr. Guy Hether ington. who had examined the man when he was admitted to hospital. The doctor did not remember the black eyes. They were certainly on view on the following day, but that might have been the result of the operation on his nose. The trouble on the ship was started by Martin Connell, in the opinion of James George Smith, boatswain of the Piako Martin had told John to

Like off his coat, which he claimed was his. The blows struck were not violent, and witness and the carpenter had taken Martin for a cup of tea after separating the brothers. Mr. Harrison: Don't you remember John calling for an axe to smash up his brother? Witness: Yes. Martin said ‘Bring ; | me one, too. and treat us both alike.’ j ! John William Tomlinson, carpenter ! on the Piako, considered that Martin ! had received some provocation through j John wearing his coat. John had not appeared to witness to be badly ; injured. The chief-detective put in a statement by defendant, in which if was stated that he was not on good terms with his brother on account of domestic trouble. When he tried to take the coat, John raised his hands, so defendant had got in the first blow to save himself from what might have been a vital injury. Mr. Harrison said that defendant , had a cancerous growth on his j stomach. It was fear that his brother would take advantage of that, which prompted him to get in early and strike the first blow. Had defendant been struck in a vital place be would probably have died instantly. Counsel said that there was another witness, a Mr. Blomfield, he could call if the magistrate cared to adjourn the case. The Magistrate: What! And have another assault in a few hours? Counsel: I give you my assurance— The Magistrate: Your assurance is no good. We can’t let him roam about loose when there is such bad blood between him and his brother. I “A LIST TO PORT” “John’s nose has had a list to port tor years,” said defendant from the witness box. He said he was worried because he had received no satisfaction from the police about getting his coat back. “If you found the man who had your coat and he refused to give it to you, what would you do? Kiss him?” he asked the chief-detec-tive. Counsel again brought up the question of an adjournment and the clerk mentioned that there was an application for sureties of the peace to be heard also. The Chief-Detective: I am asking for that myself. An adjournment was made until j Friday, defendant promising to keep j 1 out of his brother’s way even to the ; extent of turning his back and walk- : inn the other way if he saw him com- j I ing.