CHARGE OF ATTEMPTED MURDER

Dominion, Volume 12, Issue 197, 15 May 1919, Page 6

CHARGE OF ATTEMPTED MURDER

WOMAN ATTACKED BY HER HUSBAND VERDICT OF GUILTY OF WOUNDING In the Supremo Court yesterday afternoon, before His Honour the Chief Justice (Sir Robert Stout), a returned soldier named John James Joseph Lee, for whom Mr. T. Neave appeared, wm charged with having attempted to murder his wife, Olive Alicia Lee, on February 27. The prisoner pleaded not guilty. Mr. Richard Uridge was foreman of the jury. , . . Mr. Macaasey, in opening, said that the prisoner was a returned soldier. He first went to Samoa, and on his return married his present wife. He. returned from Franco in March, 1918, and appeared to have harboured suspicions as to his wife's conduct. His treatment of his wife was such that she left him on.two occasions, and went to live with her parents She was in hospital in the early part of January ..last, and on being discharged she went to her own house, and was in bed there for about two weeks. As soon as she was about again her husband repeated his accusations, ana on February 25 she left the house and consultcdasolicitorabout aseparalion order, and then went to her mother's house in Brooklyn, where she.stopped for the night. On the following day she stayed at the Salvation Army's People s Palace. Of. tho evening of February 2< Mrs. Johnston came to see her at the hotel, when it was arrowed that Mrs. Lee should stay with Mrs. Johnston until the separatioh order was obtained. While Airs. Lee was getting ready to go away, the accussed came to the room, pushed the door iri; and entered and asked his wile to zo back to him. She refused, and he then suggested that he should accompanyher and' Mrs. Johnston to KilDirmei to talk over matters, but he was told that the application for a separation order would be allowed to go through; lhe prisoner went with Ins wife and Mrs. Johnston in (ho tram to Constable Street, where they alighted. Lee intimated to Ins wifothat he wished to speak to hei privately, and they retired to a doorway of the "hop at the corner Mr». Lee was asked, and again refused to return to her husband > The accused then took a towel out of a bag he was carrying and offered it to his wife who refused to take it. Lee then took a razor out from 5.0 folds of the towel remarking that he would take her life. She was cut on the neek, and there.was a strugcle During the struggle Mrs. Lee rolled over on the footpath, and Mrs, Johnston ami a man who was in he v.c.n. y pulled the accused away. Mrs. Lee was then bleeding profuse y from cuts on tho neck, face, and hands, and was taken to Mrs. Johnstons house in J&l----birme. and was attended by Dr. Kemp. The police were, subsequently informed of the occurrence, and the accused was "Se* evidence for the prosecution was on the same lines as that given ill the L °Mrs r Lee,'when cross-examined, • said that when her husband offered her the towel he «aid it would-come m useful for* Hie baby that Mrs. Johnston had m her arms. She did; not grab.at the aor when she saw it ... her husband s nand. H v.ai a black-handled razor She did not know whether he followed her to Mrs. Johnston's house alter the assault. She did not see him. Annie Theresa Johnston, who was with Mrs. Lee at the time of.the assault,.gave corroborative evidence.,,' stated hat when Lee attacked his wile in Constable She* she called for t help,, but though a crowd collected no one interfered lor same time. She then caught the accused by iiie hair while he was strugirlinc on the ground, 'and with the assistance' of a man separated the pair. Lee then came to her, saying "Now you can arrest me or do what you like! ' Sergeant Cruickshank gave evidence as to the arrest of tho accused when ho appeared at Mrs. Johnston s house demanding to see. his wife. The sergeant said that the razor had not been found either in the bag or in his possession. When the charge was read over to the accused he said "I never intended to Kill my wife. My life has been a misery to me since I came back." This closed the case for the prosecution . „ ~ Mr T. Nea*o did not cal> any witnesses. In addressing the jury he directed attention to the fact that no razor was found after tho assault. ; The evidence was quite in accordance with the suggestion hlmt some .less dangerous weapon had been used, and that Lee had no intention of taking the life ot his wife. Tho effect of tho illness suffered bv Leo and the hardships he had endured had resulted in his mind becoming distracted and unhinged. This, in conjunction with domestic troubles, had made him irritable and possibly unreasonable. Counsel then asked the jury to consider whether the razor alleged to have been seen was not in point of fact a comb which was afterwards found in the bag carried by tho accused on the night of the assault. - . His Honour, in summing up, said there were three counts in the indictment, and directed the jury's attention to the medi--eal evidence, which was to the effect that the wounds were inllictcd by a'sharp instrument, aud not by a comb. TV- iurv, after a short retirement, returned a verdict of guilty on the second count, that is, of wounding, 'lhe prisoner was remanded to Saturday for sen-