GARAGE TRAGEDY.

Auckland Star, Volume LVII, Issue 276, 20 November 1926, Page 23

GARAGE TRAGEDY.

RIGHT TO PROTECT PROPERTY. The Inquest was concluded at Lcwishani on John Albert (24), of Balm Place, Long Lane, Borough, who was shot near the Ace Garage, Eltham, one morning, and the jury returned a verdict that Albert met his death by accident in a struggle for a rifle. It was stated on previous occasions that Albert and another man had entered the garage and were caught near by by the proprietor and his assistant, who wore on guard owing to previous robberies. During a struggle Albert was shot, fatally. The othe man was found to be suffering from a bullet wound in the •.•nest. The inquest had been adjourned for the attendance of the wounded ninn, Charles Patrick Follen, who was detained in hospital. Follen had been committed for trial on a charge of breaking and entering the garage. Horace William George Taylor, an ant at the garage, said the proprietor, Mr. Brodie, had a rifle which he used for shooting rooks, and a revolver which he had because he carried a lot of money about. When they heard a noise iv tho garase. Mr. Brodie wrnt down and wirn,\;s waited to get the rifle. Witness heard men talking and a smashing of glass. Mr. Brodie told him to switch on the lights. A voice from the end of the garage shouted: "Stand back," and there was a noise as if something had been thrown. Before he switched on the lights he heard a shot fired. "We both ran out," said the witness, "ami we saw two men running down the mad. Neither of us had any boots on. We chased them and Mr. Brodie caught one, while I caught the other as he was climbing over the fence."' Struggle For a Rifle. Witness' captive said, "Get out. let mc go." Ho then got hold of the rifie barrel and wrenched it away. In the struggle the rifle went off. As the man was falling he pulled witness on top of him. He could not say whether he or Albert, with whom he struggled, pulled the trigger of the rifle. The pull was a very slight one. He thought the muzzle was close to the man's chest. Mr. Jleyler pointed out that there was no charring on Albert's clothing. "I put it to you," he said, "that you were a good ■deal further off when that shot was fired." Witness answered: "No, sir. We were struggling together." The coroner said that it was of importance how close the rifle was to Albert when it was fired, and he thought it would be desirable to have a demonstration to see whether the cloth would be singed by the bullet. The coroner, jury and others in Court accordingly adjourned to the yard at the rear of the premises and Albert's coat was placed on the ground while Mr. Jleyler fired three shots into it, the first with the muzzle touching the cloth, and two others a little distance away. None of the holes showed marks of scorching after slight rubbing. Wounded Han's Story. Medical evidence having been called, Charles Patrlct Follen gave evidence. He was represented by Mr. Meyler, at whose suggestion he started his evidence from the point at which he was running from the garage. He said when be got to the centre of the road he looked round and saw two men standing at the garage door. He turned round and two shots were fired. One went very near his head. He altered his direction and ran towards the railings enclosing a field. He fell to the ground and Albert came and stood over him with his back towards the rails. At that moment Mr. Brodie and Taylor came up and Taylor said, "Hands up," to Albert. Albert had lifted his hand to his shoulder when Taylor, said witness, who was standing on the kerb, lifted his riflo and shot him. Witness shouted, and Brodie bent over him and threatened him. Witness hid his head, expecting another shot, and while in that position he heard Brodie say, "These must be the ones who have been here before." The coroner said if a person attempted to arrest anyone committing a felony in his presence and was resisted, and he billed the person resisting him, the homicide was justifiable. He had a right to meet force by force. "There is no doubt that you have a perfect right to protect your own property In dead of night," he added.