ALMA LANE AFFAIR

Dominion, Volume 13, Issue 54, 27 November 1919, Page 8

ALMA LANE AFFAIR

STABBING CASE DISMISSED

EXTRAORDINARY STORY

Extraordinary details surrounding tho arrest of a Filipino named Jose Mendoza on a charge, of assaulting Hugh Walker 60 as to cause him actual bodily harm were revealed at the Magistrate's Court yesterday before Mr. P. L. Ilollinus. S.M. The affair took placo on the night of November 18 in a- house known us No. 7 Alma Lane, which is off Ton- Street. • ' ■" Sub-Inspector Emerson prosecuted, and Mr. C. A. L. Treadwell represented the accused. In briefly introducing, the case the sub-insnector staled that Mendoza reDorted to the police at about 10 o'clock on the night in question that he.had assaulted Walker. Dr. S. B. W. Strain, house surgeon at tho Wellington Hospital, said that shortlv after midnight on the night of November 18 Walker was admitted to tho ho3i)ital suffering from two scalp wounds and a wound in the left arm. Walker was very noisy, -having had The- complainant, Hugh Walker, said that ho first met the necused on the morninsr of November 18. Tho accused called at his house again at 1 o'clock, and remained till about 3 p.m., when both went to a restaurant.- When returning t'hev called at a minilier of hotels and consumed several drinks. At the Pannma Hotel they purchased several bottles of beer, nnd took them home. They arrived, homo at about G o'clock, and had ten. The accused intimated that no was gome to stay for the night, and this was understood. After tea the six bottles of beer purchased .at the Panama Hotel wero consumed between witness s parents, the accused, and another. Iho trouble started just as they were going to lied—the others had already retired. The accused had taken off his boots and coat, and wanted to go outside. Hitness would not let him go, as he was "pretty full." Th?y argued the point, and the last thing witness remembered was that blood was coming from a wound in his head. He could not say'how it happened, nor did he seo the'instrument used. ' Bv the time the police arrived, thn accused had run away. . , , , To Mr. Treadwell': Witness denied that hn had assaulted tho accused, and had threatened to kill him. Don't vou think your tale is rather a feeblo one?—"No, I don't think so." Don't von think it was rather extraordinary for accused to have assaulted you for simply being iefused •permissionto KO , .outside?-"Well, I got it, anyway. You -i'on't. remember kneeling-on Ins chest and twistin (! his head'and telling him you were going to kill him?- No,_ Innices' Coyne, mother of Walter, -corroborated Iho evidence of complainant ns to whan hapened up till the time they went -n led. Ghe heard noting of the row till she heard her son call out "JH'tlwr. I- am dead.", . , Cross-examined by counsel, witness said that the accused had stayed at her house three months previously. She had several elosses of beer on the night m question, ami could "stand" beer. She was sober, but her .son-was under the influence." Witness'heard nothing of tho ro,v M'Dcnald was not quite sober, and .her husband was in the same conoikl<To tho Magistrate: If the row occurred in the kitchen slio would have heard

Thomas Coyne, • canvasser, gave similar evidence as to the state of affairs up till the time he went to bed.. Ho never heard, any thing of tho row till he heard a veil when he was lying in bed. Uitnew Rot out of bed and went into tho kitchen, where ho found his step-son, who was bleeding freely from the head Ho knew nothing about tho assault at

'"Mr. Troadwell: Do you'remember the time your step-son assaulted you ana tied you up?-"Yes." ' , , , . , Is. your etep-son.a.htpe.hasty in temper ?-"Yes-wlien in Hit"" , "' ~' '. ~ To the-Masistrate: Witness hod laid a chiiiw: against his stop-son and then withdrawn it.. . ..Mr. Treadwell: You have a number of convictions for consorting .with thieves, ,et Soreeant S, M'Lcan' said that on tho niirht of November-18 tho accused came running up to him in a frantic' state without any boots, coat or hat on. He nulled a knife out of his pocket, and BBi'a that ho had st«ck It. into a™ who.had tried to kill him. He sad that ho used, the little blaae. Hβ dd not know whero the man. was, but directed witness to No. 7 Alma Lane. When they arrived.at the house accused said "Don't, go in, -ho will shoot, you. When witness entered, he found tho complainant lying; in a pool of blood. it> iiess'then arrested the accused on the present charge. Witness cautioned, accPu d Who. after- stating,tot he wsired to tell the truth; made a statement, -lhe nmised said that he was a seaman with no tod Place of abode. He tad ten working at a etntipn near Hastings, and came to Wellington on Monday Novernher 17. when he met., Mrs Coyne. She suggested that he should, stay with her, end meet her boy, the complainant WnJker. On Ihe Monday night he stayed at the Hotel Bristol, and on Tuesday he net Walker. Together they went to awtaurnnt «»..inform the, pwpnete that Mendoza would'not stay theie, as U had decided to stay with \Wker. They had several drinks, and he purchased six bottles of beer some rtra£ berries, and meat, . and they went to Walker's home, where they had tea. Hμ trouble started at about 7 p.m. when Walker endeavoured to get Mcndoza. to go to bed. Mendoza, however, wished to go out. but Walker argue,, took hta boots off. and endeavoured to push him into the bedroom/ They struggko, and M idoza cajied out with the intenhon of attractim* the attention, of the others in the house, but with no result &cry endeavour wns made by Walker to get ■ Cdoza to .bed. Memloza a last broke away, and ran into .the kitehe , whew Walker caught him. Walksaid "Sooner than let you go, HI kill you Ho repeated tliis many, iraes, and ther oventuallv fell in the'backyard vth Walker on top, antf still avowing his intention to kill Mendoza. .The accused then felt for his pocket-knifo to protect himself, and opened the little blade. He stabbed Walker a number of times, bit could not see what he was doing, as it was dark. Walker then left, and Mendossa. ran off to get tho police. Mendoza fullv understood the nature of his admissions., but was terrified of Walker. Hβ felt Walker endeavour to get at hie pockets, and he thought tlnst ho was "" Continuiuir, witness said that Mcndoza was under the influence of liquor, but his statement was very candid. To Mr. Treadwell: Tho accused was terrified when witness met him... He wns , too friehlened to |?o tack into tlia house. Witness said that those who frcauciited the house wore mostly bad charnclcis. Wilr.ess knew nothing against Menaoza who was a complete stranger. Witness would not include-'Mrs. Coyne in the same «alcßory as tho others-sho •km n lmrd-workins woman. - On behalf of the accused, counsel siiuiritto;l that the case should be dismissed on the irround that whatever McndoM, had dono lie had been justified in ooing. In the opinion of counsel thero was no doubt that Walker assaulted accused with the intention of robbing him. Tim necused then gave evidence on the linos of his statement to tho police. To 'Sub-Inspector Emerson: Witness wn*-scared to remain in tho house, and' desired to get out, as he feared that • Walker ivoultf kill him. Walker held him bv tho throat, and it was when witness was. almost exhausted that hedrew tho knife in desperation. . Ho went into Covne's bedroom, where WalKjr . auain pushed him on to the bed. Uβ called out "Missis , , help mo to stop.it, but no one answered him. ' To the Magistrate: Walker knew that witness had money in his possession. Witness Paid for the beer and incut , with nnte. Waiker felr nil over his pockets, aid took a flask of whisky from his lnpoocket. Mr. Treanivelt submitted tlint no jury would convict on the evidence. Hi* Worship said that he had come to the conclusion that no good, purpose would bo served by sending Memloza for trial. The evidence of tho prosecution was not satisfactory as to what happen, cd. Tho information would bo dismissed. ' ' :