New Britain herald., 1914-08-11
PATRICK. CARMODY,S
 ASSA|LANT IS HELD
Judge Mesk!II Binds Accused Over
 to Superior Court.

1 DeSplte Attorney Patrick F. Nc. Donough's strong plea that his client Ludwik Stachelek who is accused o1 Vlclously assaulting Patrick Carmod, on the evening of May 2S, as a result or which the latter, who is sixty-sev.
 en years old, has lost the sight of his eye and is now totally blind, be ac- qultted on the grounds that Carmody struck the first blow and he was act Ing only in self-defense Judge Meskill 1ound probable cause and bound the accused over to the September term of the superior court
 In Pitiful Condition.
 MT. Carmody's appearance in the court room was pitiful in the ex- treme. With his left arm off at the shoulder blind in both eyes and with tottering limbs the poor old man was led slowly across the court room, with his fourteen years old son SUD- porting him on one side and Prose- cutor Andrew on the other, to the | witness stand where he gave his tes- 1 timony.
 Lenicntly Examined. Because of a shock which he has suffered MT. Carmody's speech is im- paired and it was with evident effort that he told his story. Both Attor- ney McDonough and Prosecutor An drew were as lenient in their ex- animation as possible.
 l Victim Tells Story. 1 The victim said that on the night of May 2S he went across the lot near his home to expostulate with two women who had been taking water from his well. The women made fun of him, he said. Two men came along and an argument ensued. AS l MT. Carmody raised his hand with a switch in it, man struck him sav- agely in his good eye. He was ren- l dered blind instantly and today ex- | hibited his infamed eye socket to show where the blow fell. Can't Identify Assailant. Richard Carmody saw his father 1 assaulted but was too far away to 1 recognize the man who struck the blow, Miss Mary Carmody, a daugh- ter, was called right after the as- sault but did not see the blows struck and so could not identify the assail- ant. Mrs. Timothy Carmody, a daughter-in-law of the victim. told what she knew of the assault and pointed out Stachelek. saying that she felt sure he was the guilty party Mrs. Carmody under Attorney McDonough's questioning, said that she recognized Stachelek only after she had seen Prosecutor Andrew point him out. Then 1t was, she said, that she re- called the man and remembered him as the assailant of her husbands father.
 Eyeball Rupturcd.
 pr. D. w. OConnell. who was called in to attend MT. Carmody, told of the nature of the injuries and said that when he saw him a half hour after the assault he was blind.
 The blindness was caused by a ruptured eyeball," said the doctor.
 Admits Hitting Carmody.
 Captain Grace, who received the complaint on May 2S. said that when stachelek was arrested he admitted hitting Mir. Carmody in the face but said that Carmody had struck him in the chest first Chief Rawlings gave the same evidence. This agreed with the evidence given by MT. Carmody and his son, both of whom said that he raised his hand first, and was then hit by the man at whom he struck out.
 Moves For Discharge.
 While he said he felt a deep sympa- thy for Mir. Carmo Attorney Me- Donough said he felt that his client was entitled to a discharge. He quoted | law to show that a man has perfect right to defend himself when once an attack is made upon him and said that is what his client did.
 Asked Severe Penalty.
 In summing up the case Prosecu- tor Andrew characterized Stachelek's assault as brutal He declared that when the two men advanced on Mir. Carmody in a threatening manner he put up his hand to ward them off and then it was that he was struck. The prosecutor contended that Stach- elek used more force than was neces- sary to repel any fancied attack on the part of Mir. Carmody and struck him savagely with the evident inten- tion of putting him out of the way. After his rebuttal of Attorney Me- Donough's argument Prosecutor An drew asked that the accused be either heavily fined or else the case be bound over to higher court for jury to decide.
 Motion Is Denied.
 Judge Meskill then denied Attor- ney McDonoughs motion to have his client discharged and the defense at once put it's witnesses on the stand.
 Accused on Stand.
 Stachelek was the first witness and declared that he argued with Mir Car mody, who was threatening to hit a woman He was then hit twice by the old man and in self-defense he hit back once and then Mr. Carmody walked away alone, said the witness. He denied that MT. Carmodys chill