Stop, thief
From Mr Patrick Walsh Sir: Christopher Montgomery (The police- man's lot is not a happy one', 11 Septem- ber) is squeamish about the use of force in defence of property. He should not be. Pri- vate property is the basis of all political freedom. It is what distinguishes the free- man from the serf.
Nor should Mr Montgomery waste sym- pathy on burglars. For some robust com- mon sense, and good law, on the subject I recommend the summing-up by the late Mr Justice Codd in the case of the Crown v. Rungle at the Old Bailey, reported by A.P. Herbert on 7 September 1951. Mr Rungle killed a burglar with a garden fork, the kind of man who, in the judge's words, creeps into strange houses, poor houses too, frightens innocent old women and steals their wedding rings.
The judge pointed out, correctly, that burglary is a violent felony. He stated that it is the right and duty of any householder, or any other honest citizen, who finds a bur- glar in a dwelling house to arrest him. He may, and should, order the burglar to stay put until necessary arrangements have been made. If the burglar disobeys and tries to escape, the honest citizen may use any force he considers necessary and any weapon that is at hand to stop him; and if the result is death it is justifiable homicide, not murder, or even manslaughter.
The judge remarked, obiter, that every- one should keep a garden fork by his bed. Mr Rungle was acquitted. In discharging him, the judge advised him to kill all the burglars he could but to remember to say `Stop' first.
Patrick Walsh
Highclere Farm, Highclere, Hampshire
Previous page
