BOUND AND GAGGED

Hawke's Bay Tribune, Volume XXV, Issue 158, 20 June 1935, Page 9

BOUND AND GAGGED

ROBBERY AND ASSAULT

Man in Divorced Wife’s Home

SERIOUS CHARGES FOLLOW

By Telegraph—Press Association. WELLINGTON, June 19. Denying his guilt of charges of robbery while armed with an automatic pistol, and of assaulting his divorced wife’s mother, James Hopkins, aged 44, clerk, was committed to the Supreme Court for trial by Mr J. H. Luxford, S.M. in the Wellington Magistrate’s Court to-day. Bail was refused. Hopkins was committed for trial on charges of robbing Joseph Byrne of £3 12/-, while armed with an automatic pistol, with assaulting Johanna Byrno so as to cause her actual bodily harm, and with robbing Johanna Byrne of £1 while armed with an automatic pistol. A charge of being unlawfully in possession of an automatic pistol and two rounds of ammunition was adjourned to July 29, and a charge of assaulting Margaret Mary Hopkins was dismissed.

Johanna Byrne, widow, residing in Tinakori road, said that her son Joseph, and her daughter, Margaret, and a boarder named McLaughlin, lived in her home. Accused had been married to Margaret, but they were now divorced. On the night of Easter Monday while alone in the house she heard a knock at the back door. When she opened it accused walked in. He asked where her daughter was, and the whereabouts of her son; also if there was anyone else about. Witness went on to tell of how she was attacked and threatened with a weapon, subsequently gagged and bound. He then ransacked the room and she heard him open a bag from which afterwards a pound was missing. Some time after, she did not know how long, her son opened the door with his own latch key. She heard sounds of a struggle and the order “hands up!’’ BOUND BLS HANDS. The son, in evidence, said that accused overcame him, pressed a revolver to bis head amt ordered him to face the wall with his hands up. Accused bound his hands behind his back and ordered him upstairs where he followed him to his own room, where he bound him and relieved him of cigarettes and money. Joseph Byrne said that practically the whole time the accused was binding him ho had a revolver in his hand. He drew out the magazine at one time to show witness that it was loaded. Later he asked witness what time his sister would be home, and expressed the intention of putting the first bullet into her, and the second into Miss E. Byrne, after which he would “finish’' witness. After some fifteen or twenty minutes he said, “1 am going downstairs for a minute. I’ve got some things to get there. Don’t breathe a word or I'll blow your brains out.” Alter four or five minutes he came back and started using the same abusive language. He then asked for cigarettes, and witness said he had a packet in his pocket, which the accused took. The accused asked for money, and on witness saying there was some in his pocket he took a sum exceeding 12/- from witness’s trousers pocket. “Haven’t you got any notes ” asked the accused. He pulled out witness's wallet and took three single £1 notes from it. Three £5 notes in a pocket at the back of the wallet were not taken because they were not seen. On more than one occasion, continued witness, accused said definitely that ho was going to “do away” with witness’s sister. After a few minutes witness heard McLaughlan, a friend from Dunedin who had recently come to stay at the house, enter anil come upstairs. Witness heard him say, “Good night” and accused then came back to ask who it was. The accused followed McLaughlan to the kitchen and after three or four minutes McLaughlan returned to his bedroom. After waiting two or three minutes witness called out to McLaughlan, whose bedroom was adjoining, and asked him to come in. McLaughlan found it rather difficult to release witness. He was only about half way through when witness heard the accused coming upstairs. He seemed rather taken aback when he saw McLaughlan, and said, “I’m having an argument with Joe. This has nothing to do with you.” McLaughlan then went to his bedroom. Accused asked witness what he proposed doing, and if he was going to tell the police. He said, “If you do IT! blow your brains out, and my own, too.” Witness raid “No.” FACE COVERED WITH BLOOD. Accused left the room, and the house. After a minute or so McLaughlan came in response to a call and released witness, who went down immediately and found his mother lying across the bed. .Mrs Byrne’s face was covered with blood and cuts. Witness then brought in neighbours to help Mrs Byrne. Accused had smelt of alcohol, bid his voice was quite clear and his movements steady. In February, 1933, said witness, accused wrote to witness a bitter and resentful letter. In the letter accused stated that his sister would soon follow her father, who had recently died. Joint Urban MeLaughlau gave cor ruborativc evidence. Ho said that Mrs Byrne appeared to be in great pain. I’lie face was covered with blood, and er mouth looked as if it had been tattered. Accused smelt of drink, but was perfectly sober. Margaret Mary Hopkins said that Hopkins was her divorced husband. On pril 3. 1935, he had accused her of -■ling with other men, and had threatened to kill her If she did go with anyone else. Detective Ritchie gave evidence of hiding an automatic pistol and two nuiiils of ammunition under n floor- • board la accused’s room.