SENSATIONAL CHARGE.

Taranaki Central Press, Volume IV, Issue 351, 4 February 1937, Page 4

SENSATIONAL CHARGE.

ATTEMPTED MURDER.

Amazing Story Told In Court.

(By ’Phone—Our Own Reporter.) A sensational story of armed

resistance of arrest was told by Mr. R. H. Quilliam, Crown Prose-

cutor, in outlining, in the New Plymouth Court this morning, the case against William Joseph Fox, farmer, Aotuhia, Whangamomona, who was charged with attempting to murder Patrick Kearney, and that, with intent to resist arrest, he discharged a rifle at Patrick Kearney.

Detective Kearney had been instructed to make certain enquiries of accused, who was managing a Crown Lands farm at Aotuhia, about 16 miles from Whangamomona. On January 3, he and Constable Johnson, Whangamomona, proceeded to the farm, Fox having agreed to remain at the house to wait for them. Arriving at about 10.30 a.m. .they were entering the gate leading to the farm, when they were astonished to see Fox standing at approximately 200 yards distance, holding a rifle. With Fox were his wife and three children. His wife was endeavouring to calm him down. Police Opposed. Fox ordered the police officers to stay where they were, and then told Constable Johnson to take from the car the mail and provisions they had brought from Whangamomona, at Fox’s request, and to bring them to the swing-bridge, which spanned a creek separating the parties. Fox retained the rifle in his hand while his wife crossed the bridge and collected the provisions and mail. Constable Johnson was then ordered to move ten paces to the left, and Fox, carrying the rifle at the ready position, crossed the bridge and approached Detective Kearney, who was still at the gate. Detective Kearney tried to pacify Fox, who stopped when about 25 yards from him. He then retreated to the heavy bush across the road, in the hope that the trouble which was threatening would not occur if he gave Fox a chance to calm down.

“Come Out of the Bush!”

Fox called out to Kearney to “be a man and come out of the bush.” Constable Johnson was then still near the bridge. Detective Kearney came out of the bush on to the road, and when 25 or 30 yards from Fox, was commanded to “put up his hands.” He told Fox what he wanted and was instructed to hand over his papers. These he dropped on the road, where they were picked up by Fox's wife.

An Awkward Position.

With no cover on either side of the road at the part he was standing, Detective Kearney was in an awkward position. While Fox was reading the papers, Detective Kearney began to move backwards towards the bush. Whether it was the contents of the papers or the detective’s action that aroused Fox was uncertain, but he suddenly gripped his rifle and fired. Detective Kearney was not nit and took cover in the bush. Help Arrives. Fox declared that he was master of the situation and had his wife search Constable Johnson for arms, when Messrs. R. McCrae and McAloon arrived in a car. Fox ordered them to leave their car and to move into the property. McCrae, who knew Fox, showed great diplomacy. He gave him a cigarette and eventually calmed him down. McAloon was sent to find Detective Kearney, but, realising that his presence might again arouse Fox, he came back and said he was unable to find him. Shortly after 12 o’clock they were able to get away. Later in the day Fox rang Detective Kaerney at Whangamomona and said that he had only fired to frighten him. Commissioner of Lands. A party was organised to arrest Fox, bufr the possibility of bloodshed that this course might have produced was obviated by the Commissioner of Crown Lands, Mr. F. H. Waters, who was on good terms with Fox. Asked over the ’phone by Fox’s wife to come

to the firm and try to bring Fox to New Plymouth, he arrived at about 5 p.m. He was treated at first by Fox in the same manner, but after spending the night at Fox’s house succeeded in persuading him to go to New Plymouth and surrender to the police. (Proceeding.)