STRUCK WITH AN IRON BAR

Waikato Times, Volume 96, Issue 15038, 8 September 1922, Page 5

STRUCK WITH AN IRON BAR

McMAHON on trial TE AWAMUTU ASSAULT CASE. ALLEGED ATTEMPTED MURDER. Considerable interest is being displayed in the case of Thomas Edward McMahon, of Auckland, who fs standing his trial at the Supreme Court, , Hamilton, to-day, On charges of alleged breaking, entering and theft at Te Awamutu, and With the' attempted murder of Beryl Ethel Cooper, at Te Awamutu on June 10, and alternately with assaulting her and causing her actual bodily harm. Mr H. T. Gillies appeared for the Crown, the prisoner being represented by Mr T. P. Walshe.* McMahon pleaded guilty .to the oharge of breaking and entering the store of Messrs Boyce and Fawcett at Te Awamutu in November last, and stealing therefrom a Camera; He had already pleaded guilty in the lower Court to four charges of breaking and entering, on .which charges he is down for sentence during the present Supreme sittings. Prisoner, who is a tall, well-built, good looking young man, flushed slightly on the charge of attempted murder beitig read out, and answered in a firm voice, "Not guilty." Case for the Crown. In opening the case for the Crown, Mr Gillies said the girl, Miss Cooper, Was 'only 17 years of age, and both counts on which prisoner was charged were very grave offences, v lt was quite, clear from the evidence that prisoner started drinking early in the day.' on Jutie 16. About 11 o'clock th'at night Miss Cooper was proceeding along one of the Te Awamutu streets, when a man came Up behind. \ " her and struck her a heavy blow with an iron bar. Miss Cooper had a Arm straw'hat on which broke the blow somewhat, and counsel had no doubt that been wearing a soft hat, prisoner Would have been standing that day charged with murder. The /girl was felled to the ground and put up her hands to shield herself, and it would be shown that he further.struck her while she was'on the ground. Miss Cooper screamed, and prisoner ocrossed over to the other side of the road. There was no question that the girl was murderously assaulted, and the only question to be proved was as to who was » her assailant. Evidence y wduld be forthcoming that McMahon'was the man. The girl herself-identified ;'him. It would be shown that at a''time just'before the ' assault took place, Miss Cooper passed a shop which at that-very moment prisoner was' burglarising. * A few minutes later, as she was walking along a lonely, road, she looked round and saW McMahon behind her; beneath an electric light. He was'then carrying a piece of iron similar to'the one exhibited in Court. After the assault she identified prisoner amongst a crowd of men at the Te Awamutu police station. McMahon had admitted that in burglarising certain premises that ' night, having used a plate from 'a mojtor spring. The piece of. iron in court was part of a motor t spring, and was recognised by Miss Cooper as similar to that with which she., was struck. Counsel at this point' read out : a statement signed by McMahon, in Mt. Eden gaol, 19 days after being committed for trial. In this he stated i "After considering the matter over, - f now wish to state I. intend pleading guilty to the charge of assaulting, i causing actual bodily harm to Beryl Ethel Cooper on June 10, and also to the. charge of breaking and entering the premises of Boyce and Fawcett, auctioneers, at Te Awamutu, on November 8. I pleaded not. guilty to the two charges and was committed to the Supreme Court at Hamilton for trial, but now wish to alter my plea to one of guilty. I have read this statement over and it is quite true and I make it. of my own free will." The statement was signed by McMahon-in the presence of Detective McHaugh and Constable Doyle, of Te Awamutu. , Evidence of Victim. ' Beryl Ethel Cooper said she was Walking-along Teasdale Street, about llo'clock, returning"?rom the pictures, Wlif/n something caused her to look round, and coming up behind-her she saw, beneath an electric light, prisoner. He was 'wearing a dark suit and hat, no collar or tie, and his waistcoat was undone. She noticed that he Had a peculiar springy walk, while lie Carried a piece of iron in his hand. A'iew moments later she received a blow on the head and fell down a baak, and while there she received two more blows on the head, one on the mouth, and two on the arms. The blow' on' the mouth knocked out two teeth. She managed to get up and run down the street, where she met a man and woman, who took her to Findlay's shop. She was in bed for three days following the assault and under the doctor's care for three weeks.- She later identified prisoner - amongst a number of other men. Questioned' by His Honour Mr Justice Stringer as to how far behind her the man was when she saw him beis~;ath the electric light, witness said about 50 yards. She did not see her assailant when he struck her, and only saw his legs while she was on the ground. < * Cross-examined by Mr Walshe, witness said she hesitated before picking out prisoner at the police station.

• His Honour: Why?—Because I was afraid of him! His Honour: Not because you did not recognise him? —No: '* Willidm Roderick Hayes, surveyor, of Te Awamutu, gave details and measurements of the various points in Teasdale Street connected with the vicinity in which the assault took place. Medical Evidence. Dr. George Joseph Hall, who had attended to the girl after the assault, said that she was suffering from shock, had a contused wound in the front of the head 2£ inches long, extending almost to the bone. This was on the right front side of the head. There was a 'wound an inch long but not deep. One of the o upper incision teeth was" knocked out, the upper lip was swollen and bruised, and the arms were extensively bruised. Two of the lower incision teeth were broken. The Impression on the hat corresponded with the wound on the girl's head, in Which he had to put three stitches. If the girl had not worn the hat the blow iru?b£ have fractured the skull. From the marks on the hat, lie was of opinion that a curved instrument was used. The one produced could have caused the wounds. Benjamin Holmes, traveller, Hairini, said that lie was at the pictures tn Te Awamutu that night, after Which he traversed Teasdale Street. On the way up, about 10.50, he heard sounds which he took to be children skylarking, but gave the matter no further attention. On returning he picked up tKe hat (produced) opposite the park gates, and left it on a post there. J Sydney Herbert West, .coachbuilder I

Who lived in Teasdale Street near the park gates, gave evidence of having reached home on June 10 between 10.35 and 10.40. His bedroom was in the front of the house. Shortly after getting to bed he heard a subdued and then a loud scream, which seemed to come from the street immediately outside. The night was bright, clear and frosty, with the moon high in the sky. Looking out of the window he saw a man who walked across to the park gates, stayed there about half a minute, and then returned diagonally across the road in the direction of tbo town. -From his observations the man . was wearing dark clothes. He took him to be of more than medium height and well built. The man's walk he had seen before, but he could not remember where. It was a springy walk,.- Witness saw a girl disappear rapidly about 20 yards further down the street than the man. The man traversed 20 yards across the street and 30 yards in the diagonal direction during the time he was in view to witness. At the police station later, witness saw accused walk, and it was identical with the walk of the man he saw on the night of'the assault. Witness had not known McMahon before. Except for the size and build, he would not from appearance swear that accused was the man he saw that night. Allan Brownhill, electrician's apprentice, said he was employed at the same place with McMahon. On June 10 he and prisoner were drinking at Kihikihi and brought six bottles away with them on their return to Te Awamutu shortly after 6 p.m. He left McMahon about 7.30, 'both, being slightly under the influence of liquor. McMahon had on a dark suit was not wearing a collar or tie, and was minus his waistcoat. Thomas /Park, taxi-driver, of Te Awamutu, said he drove McMahon and Brownhill from Kihikihi to Te Awamutu on the evening of the 10th. Both were under the influence of liquor. ■ i ■ ' Samuel John Sutherland, who stayed at the same boardinghouse with McMahon, said he was awakened by prisoner shortly after witness went tobed, about 11 o'clock. McMahon, asked for a torch, and witness saw that he was wearing no collar, tie or waistc'oat. | Several other witnesses also spoke to the clothes which McMahon was wearing on the night of the assault. Statement v by Accused. Constable 'Pi 'Doyle'"said Teasdale street was a 9 little frequented thoroughfare, and the majority of the residents were middle-aged. The 'only young men residing there were known to Miss Cooper. When witness questioned- prisoner as to his''movements on the night of the 10th, McMahon said that ibetween 10 and 11 o'clock he must/have been in Armstrong's shop (to' which he pleaded guilty of breaking into). In a written statement McMahon said he had no recollestion of being in Teasdale street that night. He said he forced the door of Armstrong's siicp with a piece of a Ford spring and indicated where it could be found. The mark on Miss Cooper's hat extended from the right side of the crcj,vn over the top- down the left side, and on to the brim. This could not have been caused by a Straight instrument, but could have been caused by the curved spring produced. Witness added that when he was in Auckland giving evidence, he was given to understand that McMahpn desired to make a statement, and witness went to the gaol in company with'Detective McHugh, where McMahon voluntarily made the statement read by Mr Gillies.. * ; Mr Gillies: Have ycu made any experiments with the Iron bar to see what marks it will make? His Honor: What, on heads? (Laughter.) Mr Gillies: No, hats. Your Honor. His Honor: But the hat would have to be on a head. (Laughter.) Mr Gillies: Oh, well, Mr Walshe can try it. Yo.ur Honor. (Laughter.) His Honors But he might try it on your head. (Laughter.) ,' Mr Walshe: I am afraid he would leave no impression; my head is hard, Your Honor. •<' . Mr Walshe cross-examined the constable' shortly, witness declaring that the statement made by McMahon at Auckland, was entirely voluntary. ' (Proceeding.)