ALTERCATION IN HOUSE

Evening Post, Volume CXXVI, Issue 153, 2 December 1938, Page 7

ALTERCATION IN HOUSE

AIR FORCE MEMBERS

A CHARGE OF ASSAULT

(By Telegraph—Press Association.)

AUCKLAND, December" 1

An altercation involving two members of the staff associated with the Hobsonville Air Base and the wife of one was described in evidence during the hearing of a..charge against Noel Alexander Spring-Rice, aircraftman, aged 35, for whom Mr. Hubble appeared, in the Magistrate's Court. He pleaded not guilty to a charge of assaulting Kenneth George Apia Callingham on November 16 so as to cause actual bodily harm. Before evidence was called, Detec-tive-Sergeant Nalder outlined the case, and counsel applied to have the charge reduced to one of common assault. He submitted that the accused acted under extreme provocation, and if the case went to the Supreme Court there was a good prospect of the accused being acquitted by the jury. If he were convicted the penalty would not be great. The Magistrate, Mr. C. R. OrrWalker, refusing to alter the charge, said it was hardly his duty to do so and one could not contemplate what view a jury might take of the case. Detective-Sergeant Nalder said that Caliingham had been a frequent visitor to the accused's home and he was there on the night of November 16, when the accused left to go on duty. The accused returned suddenly some time later and what he saw suggested that something improper had been taking place between his wife and Caliingham. "He rushed at Caliingham and an assault took place, first with his fist and then with a knife and a pair of scissors," continued Detective-Sergeant Nalder. Caliingham was cut on the head, arm, and hand, in addition to suffering concussion, and he had to receive medical attention. FREQUENT VISITOR. In evidence, Caliingham said he was a photographer, a single man aged 24, and had known the accused and his wife for about two years. He was teaching them photography and frequently visited their home. When the accused returned on the night in question he made a foul accusation against his wife and rushed at witness. In the struggle both used their fists and witness escaped when the door was opened by two neighbours who were investigating the cause of the disturbance. The two neighbours said they found the accused and Caliingham fighting on the floor. Later, the accused was seen with a bayonet and he told one witness that he would "half kill Caliingham if he caught him." However, the accused listened to reason and returned, home. Constable Pollard, Henderson, said he was summoned to the air base at 11.30 p.m. on November 16 and saw Caliingham in bed with his clothes on. He had cuts and other abrasions on his head and arms, and the accused, whom witness saw an hour later, was also knocked about. The accused said anybody would have done what he had done in the circumstances, but when arrested for assault he i declined to make any explanation. Witness said he found broken crockery on the kitchen floor in the accused's home and there were blood smears on the cupboard. He also found a knife on the' floor and a pair of-scissors on a chair, but there were bloodstains on neither. STATEMENT TO THE POLICE. A statement made to the police next day was produced. It stated that Caliingham had been in the accused's home on his invitation and because his wife had expressed a desire for younger companionship. Caliingham was teaching her photography and a few weeks ago the accused requested that the visits should not be so frequent, as people were talking. His wife raised some objection, accusing him of mistrusting her, and to prove that this was false he permitted the visits to continue. "When I went back to change my uniform last night," the accused's statement continued, "I was surprised by v^hat I saw as I entered the kitchenette. I lost my temper and flew at Caliingham. A fight took place and my wife tried to pull. me off by my face. The rest of the fight is fairly hazy till it was interrupted by two neighbours. Caliingham then escaped and that was the last I saw of him." Counsel again asked the Court if it would consider reducing the charge, and when an order was refused he added that there was hardly any purpose in calling evidence for the defence in the meantime. It was inevitable that the accused would lose his job at the air base, though normally he was ,of good repute and had a good record in his work. His outburst was occasioned by extreme provocation, counsel added, applying for suppression of the name, which was also refused. The accused pleaded not guilty and was committed to the Supreme Court for trial. Bail was fixed at £50 and one surety for £50.