BROTHERS' FEUD.

Auckland Star, Volume LX, Issue 278, 23 November 1929, Page 12

BROTHERS' FEUD.

AFFRAY ON STEAMER.

"BRING ME AN AXE."

DANCER VICTIM CHARGED.

LIBERTY ON A PROMISE

A victim of the dreadful scourge of cancer, who has be s eu given up by a number of doctors, Martin C'onnell, a middle-aged man, was. the defendant in a case at the Police Court this morning, which brought to a head a feud which had existed between himself and his brother since last August. Accused was charged with assaulting his brother, "John Council, on board the s.s. Piako last Sunday night. Chief Detective Hammond prosecuted, and accused, who pleaded not guilty, was represented by Mr. Harrison. John Conneil, ivhose face showed signs of recent injuries, said he' went down on board the steamer Piako last Sunday night to see the bo'sun and the ship's carpenter. When he got to the door of the carpenter's cabin, his brother Martin came out and asked witness for his coat. Accused said: "You are wearing my coat, you -." Refore witness had time to take it off, his brother attacked him viciously, butting him in the chest and head with his own head and afterwards striking him on the face several times. The other two men tried to pull accused off him, but it was not until accused had inflicted severe injuries that they succeeded. Witness was removed to the hospital, where he spent two days. He was not yet in a lit state to return to his work as a waterside labourer. "My brother has got the idea into i':s head teat I separated him from .his wife, and tliat.it was me who had him put in the mental hospital observation," said John Conneil. "Ho knows I'm frightened of him, and he knows that he has "got the wood' on me."

Mr. Harrison: You know that your brother Martin is dying of cancer, I suppose ?

Witness: He looks like it, doesn't he, the way he has been going on. I believe the doctors say he has got cancer.

The next witness was the bo'suu of the Piako, who said that Martin Conneil was in the carpenter's cabin when his brother entered. Accused was the aggressor. John Conneil gave no provocation. Accused struck his brother a number of times.

Mr. Harrison: Did you hear John Conneil say, "Bring me an axe, and I'll smash him?"— Yes. Martin Conneil then called out, "Bring me one too, and I'll finish him."

Dr. Hetherington then gave evidence of complainaut's injuries. The ship's carpenter agreed that accused was the aggressor, but said he did not see him strike his brother. John had only a few scratches on his face.

Chief Detective Hammond then read a statement which had been made by the accused., In this Martin Conneil said that his brother was wearing his overcoat, which he refused to give to accused, so he attempted to take it oif him. Accused admitted striking his brother. There would have been no trouble had his brother given him the coat in the first place.

. Mr. Harrison said accused was a victim of cancer, and had not long to live. The doctors had given up all hope for him. Accused had an open wound in his stomach, and when his brother made a strike at him he became afraid that he would sustain injuries, so he struck his brother.

The accused then gave evidence. "My brother has had my coat and other personal effects for 47 days" he told the magistrate. "I have been to the police about the matter, but try as I did, I could not get my things. After I had come out of the mental hospital and was certified as being quite all right, I found that all my things had been sold. My brother attempted to kick me, so I got in first, that's all. I'm not normal." Mr. Hammond: That's quite right, I think.

Accused: I don't mean I'm not normal in my mind; I mean my state of health. If a person had your coat and would not sive it to you, what would you do —kiss him?"

Mr. Harrison asked for an adjournment so that he could call Mr. Blomfleld, a solicitor, who would give evidence that John Connell had told him that he would "smash" the accused.

Mr. Hunt granted an adjournment until Monday, but said he would not like to take the responsibility of allowing accused his liberty in case he might do harm to his brother. Eventually Mr. Hunt was persuaded to allow Martin Connell out on a surety of £10.

Counsel then said that accused could not find a surety for even that amount. Would he be allowed out on his own recognisance ?

John Connell stated to the magistrate that he was afraid of his brother if he had his liberty.

Mr. Hunt (to accused): Look here, I do not want to keep you in gaol for a few days. Will you promise mo and undertake to keep away from your brother if I give you your liberty ? —YesYou won't even go near him if you see him? —No.

Accused was remanded to appear again on Monday, when the case will be concluded.