NOT GUILTY PLEA

Gisborne Herald, Volume LXXII, Issue 21634, 10 February 1945, Page 4

NOT GUILTY PLEA

MURDER CHARGES EYLES FOR TRIAL SHOOTING IN NAPIER (P.A.I NAPIER. Feb. 10. The lower court hearing against Martin James Kyles, wharf labourer, on a double charge of murder, three of attempted murder, and two of discharging a missile loaded with destructive material with intent to do grievous bodily ha mi concluded late yesterday. Eyles pleaded not guilty io all counts .and Mr. J. Miller, S.M.. committed the accused to the Supreme Court for trial at t.ho next .Cuing in Napier.

\s coroner. Mr. Miller returned a

formal verdict that Charles Edmund Swain, barinan-p.))ler. and John Barry Bertram Howe, aged 1-1. Palmerston North, died as ihe result ol bullet wounds in Napier on December 29, the bullet having been fired bv Evles.

Mr. Miller took what he said was an unusual course. He said: "1 feel I can only inadequately express l lie commendation due to ihe police officers for their timely and wellplanned action. The primary object of the police force was to protect the public and in this regard the memoirs of the force promptly and bravelv did their duty in comormity

with the highest traditions of the Dominion's worthy police force. I specially mention the quick approach on foot of Senior-Sergeant Forsythe followed by Constables Rippin and Nathan, arid the disarming of the accused by the senior-sergeant. I also commend Detective-Sergeant McKenzie and Detective Reid, who approached in a car in the face of firing."

The prosecutor was Mr. T. W. Wills, and the accused was represented by Mr. H. W. Dowling. Ballet in Shopping Bag Inez Norah Kennedy. married

woman, gave evidence to-day concerning damage to a handbag and shopping bag which she was carrying in the street outside the post office on the afternoon of the shooting. A bullet was found next day in the shopping bag and this she handed to the police. Cross-examined by Mr. Dowling, the witness said there was no possible reason she knew of why the accused should shoot at her.

Henry Edgsworth, seed record clerk. Land and Survey Departmentsaid that on hearing three reports he looked out of a small window with a view of Hastings street. The witness saw a man standing in the centre of the footpath. He was pointing something at a boy riding a bicycle slowly along the road. The man lowered what he was handling and seemed to adjust some mechanism. Then he raised what afterwards proved to be a gun. took aim, and levelled it at the boy. A shot rang out as the boy was turning into Dickens street, and he seemed to utter a sharp cry. The boy fell oiT the bicycle just at the corner.

A further eye-witness of the shooting, Herbert Leonard Waters, signwriter. said that the boy turned round to look at the man while he was loading. The man aimed at the boy. but the pistol did not go off. He scented to fool round with the pistol and pointed it at the boy again. He heard a shot fired and saw the boy. When he fell the man walked away quietly. The witness followed the crowd and from the corner he could see the man. The man pointed the pistol two or three times towards the crowd. “You Can Have It Too” Mervyn Martin Hannan, manager of Monarch Motors, described how he immediately put his wife and children, who were with him at the time, inside the garage. The witness started to pull Ihe overhead doorway down, reaching for a broom to do so. The man with the gun passed. He glanced in witness' direction and said, “You can have it too.” The witness pulled the door down and after waiting for some time opened the little half-door on to the street. The witness then described the man's actions opposite the stadium. Cross-examined, the witness said htvvas not threatening the accused with Ihe broom or making any attempt to arrest his progress. When witness taw the accused he was strolling, not running.

Henry James Sweeney, foreman employed at Monarch Motors, said that the accused pointed the revolver

at him and said “You can well have it. too.” When spoken to, this witness said, he jumped for tho nearest cover. The witness ran back to the doorway of Monarch Motors. After the accused had wandered off he then fired in the direction of the Albion Hotel, a window being broken fairly close to where a policeman was standing.

Duncan McKenzie, deteclive-scrgt., Napier, detailed action taken by the police force when Detective Reid’s car arrived at the scene of the shooting. The witness said he fired five shots, the noise of. his own automatic preventing him ascertaining the number of shots fired by Eyles. The morning following the arrest of the accused, the witness visited the home of the accused, Mrs. Eyles admitting the party. He explained the purpose of tlie visit. A search revealed nothing in the nature of fire-arms ammunition, but a search of the workshop nearby revealed a number of spent shells.

The accused was interviewed in gaol by the witness and Senior-Sergt. Forsythe, who pointed out that the nstol had been stolen. They informed the accused that they were present in connection with the incidents of the day before, warning him in the normal manner that whatever explanation he had to make would be done through a solicitor. He said: “I am sorry I

cannot tell you about the pistol. I did not take it. The man who gave it to me is away from here now.” He then complained of the injury received and asked witness what kind of a gun the witness used. The witness replied a .32. Shots At Car Detective Andrew Reid related that he drove his ear along Hastings street with the last witness seated in the rear seat. After moving from the Post Office corner, where other members of the party disembarked, the witness described the endeavour made to come up behind the accused to effect his arrest. When the accused fired at the car the witness ducked his head, slumping over sideways in the seat. The ear received two bullet holes on the right-hand side, one in the front door and the other in the rear. Botli holes were almost in line. The builds entered the outer steel covering of the doors at an angle and did not go right through. Portions of lend slugs' were recovered later after the removal of the inside panels of the doors.

Delcctivc-Srrgoant Kenneth Mills said he heard two shots lived at the time Detective Read’s ear left the intersection, short brisk firing, like machine-gun lire, following; Sergeant Audlcy was met by the witness after the latter crossed over to the left footpath. The pair proceeded in the direction of Vautier street and the witness saw Senior-Sergeant Forsythe bo'iing an automatic pistol and the other constable holding the accused. A lot of people surged round the accused, police officers guarding him on the way up Vautier street. The •witness ran his hand over the accused to make sure he had no other firearms and c.n cutomatic magazine was found t

in a pocket of the accused. This was removed from the possession of the accused. Cross-examined, the witness said he saw the accused on two occasions dter his arrest. At the time of his arrest lie smelt noticeably of liquor and appeared to be dazed. The witness obtained the impression from the general demeanour of the accused that naif an hour after his arrest he was not altogether aware of what had happened. Arrest of Accused Senior-Sergeant Francis Forsythe said that when lie arrived at the Caledonian Hotel in company with other, officers he saw a man with a pistol near the Stadium and heard a shot, lie saw a number of people with Constable Nathan run into the Albion Hotel door. He was of opinion that the shot was fired at the constable! Ulie police car passed him and approached the man and he then heard a volley of shots. He could not say how many shots there were. He then saw the man make towards Vautier street. The witness kept close to the building to take cover. The man reached Vautier street and the witness saw Constable Nathan sprint across thq road to the corner of Vautier street. The witness hurried across the corner of Vautier street and heard someone shout out, “Look out! He’s coming back.” Constable Nathan jumped up on a fence, but jumped down when somebody called out. “It’s all right. He’s gone on again.” The witness looked down Vautier street and noticed the accused well down the street on the south side of the roadway. The accused stopped and turned around, and pointed the gun in the direction of Hastings street.' Thinking that the accused might fire, the witness ducked behind a fence. He didn’t hear any shots. The. accused then stopped and started to reload tire weapon. The witness decided to close in on him before he could reload the weapon. The witness sprinted towards the accused and shouted, “Put down that gun and don’t be a fool.” When about 15yds. from the accused Eyles raised both hands to the level of his head and then dropped his hands and witness sprang in and wrenched the pistol from his right hand and a cloth bag containing seven bullets from his left hand. “I Will Give In” ds the witness disarmed him Eyles said: “It’s all right. I will give in.” Constables Rippin and Nathan then arrived, followed by Sergeant Audley and Detective-Sergeant Mills. The prisoner was then taken to the police station, where he was searched. The witness was of opinion that the accused was suffering from the effects of liquor: he would not have locked him up as an ordinary drunk. The accused was in a dazed condition. He would say that Eyles was mentally drunk. Later in a cell at the police station when the accused was being examined by Dr. Will the witness was holding the accused down on the bed when the accused said. "I know you ‘Johns,’ you want me to get well and then you are going to hang me." The following morning the witness visited the accused in the cell, when the accused made a request for a cigarette. This was refused, whereupon the accused said, “It’s all right, sergeant. I’m not so homicidal this morning." The witness then recounted visiting the accused in gaol. DetectiveSergeant McKenzie also visited the accused’s home in company with other officers. To Mr. Dowling, the witness stated that at times the accused was walking fast and sometimes dawdling in his progress down Hastings and Vautier streets. Mr. Dowling: Would you say the man knew what he was doing at the time or his arrest. Senior-Sergeant Forsythe: I would say from my own observation that he was not normal at the time I arrested him. (Proceeding),