FATAL SHOT

Otago Daily Times, Issue 24525, 6 February 1941, Page 6

FATAL SHOT

DEATH OF LANDLORD CHARGE AGAINST TENANT MURDER ALLEGED (Per United Press Association) HAMILTON, Feb. 5. The trial of Charles Harold Longley. aged 39, an ; invalidity pensioner, of Manunui. on a charge of murdering Jeremia O’Sullivan on September ,22. 1940, was commenced in the Supreme Court to-day before Mr Justice Smith Mr H T. Gillies and Mr J. R. Fitzgerald appeared for the Crown, Longley being represented by Mr W J King and Mr D. H. Hall. The starting point 'of the tragedy, said Mr Gillies in his address to the jury, was January 11, 1940. when Longley took up, the occupancy of O’Sullivan’s cottage. Relations between landlord and tenant ■ were -cordial until the O’Sullivans received notice to vacate- their house, and they in turn had to put out the Ldngleys.to fain occupancy of their own house he Lorigleys made a request to have the house repaired before they would leave on September 22. Notice to quit had already been served. Longley had been out shooting rabbits while O’Sullivan was working... on the property. The Longleys kept their car in a shed, and while the family was away looking for another house O’Sullivan came and put battens across the doorway of the garage. Longley, feeling that his rights were infringed, knocked the battens aw ay and put the car into the shed. O Sullivan then came to the door of the cottage and shouted out: “Hey., Mrs Longley.” After some slight dispute with Mrs Longley. O’Sullivan said: “You mongrel.” Longley-walked to the recess and picked up a rifle. There was a “plop.” and OSullivan was shot through the eye. the bullet flattening against his skull. Mrs Longley, who was at the door,, afterwards said she could hot see what had happened; ' • v ,' ' ,' . : Medical Testimony Longley, after replacing the rifle, went to a neighbour’s place to ring for the police, Mr Gillies continued. When he reached the neighbours Longley collapsed in a faint, and when he recovered he remarked; “I aid not mean to hurt him.” The rifle was an old one, and what told again.se Longley was that-he was a good shot. me question for the jury to decide was whether Longley intended, to kill Sturtevant, of Taumaruhui, stated under cross-examination that Longley was a highly-strung, emotional man, and was easily upset. He would react strongly to any. annoyaiTo his Honor; Longley suffered from a very severe form of neurosis. Constable George'Edwards, of Manunui. said that after the tragedy the accused said to him: “I did not know it was loaded. I only intended frighten him.” . The witness said, that Mrs Longley had complained on September 20 that O’Sullivan had been annoying them and had threatened to burn their cottage. . . :■ Wife Gives Evidence When the wife of the prisoner. Mrs Mabel Longley. was called by Mr Gillies; his Honor said it was extremely unusual for the wife of an accused to be called as a witness for the Crown and for the prisoner to waive all his privileges. His Honor said he considered that the fact that the accused's wife had been called at the accused s request should be recorded. Mrs Longley then gave evidence that O’Sullivan saw her on September 21 and told: her that if she,anther family• were not out of . the house within s week he would burn it l down. When she asked him hot to worry- her husband, who, was .ill, O’Sullivan .replied that he would smash him. O’Sullivan called at the back door on September 22 and' a discussion took place with regard to the use of the car shed, witness continued. .When she told him they had a right to use the shed he called her “a mongrel” and raised his right hand to her face. She stepped back and his hand grazed her cheek. Witness said,.she then heard a report and saw'O’Sullivan fall. Her husband had never threatened O’Sullivan.

The case was adjourned until tomorrow.