MAGISTRATE'S COURT

Dominion, Volume 12, Issue 144, 13 March 1919, Page 9

MAGISTRATE'S COURT

_ <, CHARGE OF ATTEMPTED WIFE MURDER JEALOUSY ALLEGED AS THE CAUSE ' A charge of having attempted to murder his wife, Olive Alicia Lee, on February 27, was preferred against a young man named John James Joseph Lee before Mr- W. G. Riddell, S.M., at the Magistrate's Court yesterday. ( Lee is alleged to have attacked his wife with a razor, cuting her about the face and neck, whilst they were talking in the doorway of a shop in the vicinity of the Jiew-town-Constable Street tram j unction. Acting-Sub-Inspector Emerson conducted the prosecution, and Mr. E. M. Becchey appeared for the accused. Dr. J. H. Kemp stated that on tho • night ol' February 27 he was called to a house in Crawford Road, Kilbirnie, where ho examined Mrs. Lee- She was suffering from shock, and had two outs on the left side of her face, one on the left side of the nock, and another in the middle-of the neck, under the jaw. None of tho wounds was serious, those on tho face being- superficial. Olive Alicia Lee, wife of tho accused, paid that at present she was residing at KilbiVnic-. The accused was away at ' the front for some time, and returned to " New Zealand in March last. She did not 1 get on well with the accused. He was ' always quarrelling, for the reason thai " ho'was jealous of witness. He had hit ' her on different occasions, and she had • left him on three occasions, when she 5 went to live with her mother. She returned to accused, as she could not ' get a separation. On being discharged ' from the Hospital in January last wit- ' ness returned to her home, where she ■remained in bed for about two weeks, during which time the accused treated • her well. . Later, however, accused again *■ displayed his leylousy and on February ' 25 "she again" left him? going' to the ' home of her mother. She also consulted 1 a-. lawyer regarding a separation. On ' the. following <iay she stayed at the ' Peoole's Palace Hotel, intending to go 1 to Kilbirnie Inter. She stayed at the hotel for the reason that she was afraid • 'that, accused would take her life. Mrs. Johnston called to<see her at tho hotel 1 on February 27, and it was arranged ■ that witness should go to her place till the separation order was obtained. As ; witness was preparing to go accused came to the room, and his request for admittance being refused, he forced the lock. Ha asked witness to go back to him, nnd suggested that they might go to Kilbirnie, where they c.ould talk tho matter over. Witness told Lee that she was going to let the order go through the Court. Shortly after witness, accused: and Mrs. Johnston entered a tram together, and journeyed as far as Constable Street, where all _ three alighted, Accused expressed a desire to, speak to witness privately, and both witness and accused went into the doorway of a shop, where Lee asked witness Again to go back to him. She refused, whereupon accused produced a towel nnd then a razor, saying that he would tain witness's life. Ho then attacked her—she felt a cut on her neck, nnd struggled.' Accused made a remark about doing away with himself before morning, During the struggle witness had rolled over oil tho footpath, and Mrs. Johnston appeared to hav6 pulled Lee away. She did not remember anything else till slio found herself back on a tram car bleeding profusely from cuts about tho face, neck, and hands. ... Annie Teresa Johnston, who resides at Kilbirnie. corroborated the evidence of the previous witness. The accused endeavoured for a long time to persuade Mrs. Lee to return to him, and it appeared'later that. Leo agreed that his wife should go to Kilbirnie with witness. It was while they were waiting for a Lyall Bay tramcar at the corner of Constable Street that the alleged offence was committed. • Witness screamed for help when Lee produced a razor. A , Orowd quickly -gathered, but n? one interfered. Witness. tried to pull Lee away, and someone then caught him by i the collar and pulled hi 1u_ oft' Mm. Leo. i Accused stood up and said; "Do v.-hat ■ you like with me." Witness and Mrs. ] Leo then got on a tram, and shortly after . arrival at witness's homo the doctor and i tlio police arrived. When making a state- > ment to Sergeant Cruiekshank, she hftnrd | Lee call out her name from the back j door of the house. ; Police-Sergeant J. A. Cruiekshank gave i evidence ns to arresting the accused.. Lee ( showed witness where the towel and hand. ( bag were hidden, and witness found them in a hedge at the lower <)nd of Con- i stable Street. " Accused said lis did not. i have a razor, and witness could not find i it. With regard to the blood on some ] brown paper, the accused said it canin 1 from a cut on his finger. , When the ! charge vrns read over to the accused, he ; said: "I did not intend to kill- my wife. • My lifo lias been a. misery to me ever i I lince I'came back from the front." The acouSed reserved his defence, and i was committed to the Supremo Court for trial. | ' ALLEGED ASSAULT. j Percy Cashman, a soldier belonging to ' the Rifle Brigade, was charged with 1 having assaulted Matthew Willie, a sol- i i dier of the same unit, causing him actual 1 bodily harm.' * Aoting-Sub-I.nspcctor Emerson prose- ( cuted, and Mr. P. W. Jackson appeared j for the accused. < 1 Dr. L. A. Line stated that he examined < Willie at the Wellington South Police < Station on the night of February. 26, < Willie had a wound below tho left ejo,' J and a cut on the scalp, both requiring i stitching, and other cuts about the face. I The wounds Wfire not dangerous, _ ' To Mr. Jackson: Witness did not think ' that the wound could have been 'caused e fey a, blow from a fist or by a ring. i Matthew Willie stated that he met the 1 accused in. Russell Terrace on February £ 26 last, when a dispute aroso over a 1 Rum of .£2O. Witness end accused then ' had a' fight, during which .witness re- ' ceived the wounds described by Dr. LiDe. ■' Willies? admitted that accused had asked < him for a letter of apology, and a sum 1 of <£20 iii satisfaction of some trouble ' which had occurred befwpen witness, an- I cused, and accused's wife. Ho was to make arrangement to nay tho money, '' but he consulted his solictor, who ad- t vised him. not to nay. Witness did not > pee a knife, but. three days prior to the ■] alleged assault tl's accused had given wit, i nest a knifo similar to the one produced, i nnd told him to fight him (accused) with !t - . ! To Mr. Jackson: Witness admitted th"t 1 he was the cause of the trouble. .He e would not swear that (hi accused used 1 a knife during the fight. 1 Severn I other witnesses were railed, and I gave evidence as to'witnessing the assault, j ,At the conclusion of the case for Hie ' nrosocutio'i. Mr. Jackson suggested that < in vier of fie circumstances, the cliargo J miifht he minced to one of eoi»"ion as- ' sault. and lie dealt with bv His Worship, i but the Jlagistrate =nid that he was not to ndopt this course. 1 Tile accused reserved his defence, and wns coimnifted to Hio Supreme Court fo* ' triil. 'Hail was allowed ''i the sum of 1 ,£25 and ov s'lfety of j OTHER POLICE CASES. , ■ A remand till March 19 was granted in 1 the case of Lawrence John Maloney, who 1 was chargcd with breaking and entering ' the premises of James AVin. Martin and stealing boots of a total value of .£6 9s. Bail was allowed in tiie sum of .£SO, and ( two sureties of- .£25Charges of using threatening behaviour wlierebv a breach of the peace was occasioned wero preferred against Alfred Boy and Oustav Nelson. Hoy was convicted , nnd fined 205., nnd Nelson was fined .£2. The alternative was fixed at eovon days in gaol. . James Edward King was convicted and discharged for and on a charge of failing to quit licensed premises when ordered to do p,o, was fined 20s„ in default seven days' imprisonment. , Two first offenders for drunkenness were convicted and discharged.