SYMONS MURDER

Hokitika Guardian, 13 August 1931, Page 3

SYMONS MURDER

HEARING OPENS

WHAT LED UP.

TO THE GIRL’S DISAPPEARANCE

(By Telegraph—Per Press Association)

WELLINGTON, August 12

The preliminary hearing of: the evidence against George' Errol Coats, labourer, 29, on a- charge of murdering Phyllis Avis Symons, was commenced at the Magistrate’s Court today. Mr E. Page, S.M., was on the Bench. Mr Macassey appeared for the Crown, and Messrs 0- A. L. Treadwell and H. J. V. James for accused. A large crowd waited for some time in the rain outside, before the doors were opened, and the Court was packed for the hearing. - At the outset, Mr Treadwell made a,n appeal against the preliminary hearing taking place in open Court, and against the- publication of the evidence given at the preliminary proceedings, grounding his application on the interests of a fair trial, which he contended might be prejudiced, ?h view of the fact, that the jury, if the case were sent on to a jury, would be drawn from the general public, whose minds would already be affected by the evidence given. Mr Treadwell said that only one side of the case was likely to be presented, and tliqpe was not likely to be much -in, the, way of crossexamination. He contended that the Act placed, power in the Magistrate’s hands to make the order he applied for, and quoted authorities from England. Such an application might not have been made before in a case of tliis kind in New Zealand, but the time was fully ripe when the Magistrate should make a declaration in regard to those cases. In the event of the. Magistrate not being able to see. his. way to make the order' asked-, said Mr Treadwell, he -would ask that at least the Magistrate might direct against the publication of any evidence to .which. Mr James, or himself, might take exception a,s not being admissable, if the. Magistrate were of that opinion.

Mr Page said ,£hat it bad been for many years the invariable practice in the Courts, when summary justice was administered to conduct the proceedings in public. If he gave the prisoner the benefit of tile application that Mr Treadwell now asked, he would find it difficult to refuse a similar application in almost any case of moment. While he would not agree to direct ngajnst the publication of all of the evidence to which counsel objected as inadmissible, Mr Page said there had been cases where evidence,A! l t was admitted in the Lower Court had been rejected by the -Supreme Court as inadmissible. He would, therefore, consider counsel’s application, and -hear any objection that.he might raise, and. if there was a doubt of the bility - of. the evidence’, lie would make an order. Mr Macassey then notified that hr did not propose to make any opening statement, but would proceed to cal) evidence. THE EVIDENCE. WELLINGTON, August 12. When George Errol Coats, labourer, aged 29, appeared at the Magistrate’s Court this morning charged wi,th. on or about. June 26,1 murdering Phyllis Avis. Symons. Mr, C.. A- L- Treadwell, who with Mr. H. ;J. V. James appeared for accused, asked the'Magistrate absolutely to prohibit the publication of the proceedings on the grounds that the fairness of the trial in the event of the case going to a jury, might be prejudiced, hut Mr Page could not agree to break the •existing, custom. The first witnesses were" a detect’ve and a surveyor, who gave evidence in regard to tire place - where the- body was found. THE GIRL’S MOTHER. Tjie next witness was-r.tlie girl’s mother. Mary Sophia -Symons, who said, that Phyllis: Symons was the fourth of six children. She was horn on the Bth. of December, 1913, and she left school at the age of fourteen when in the fifth standard. She was rather backward in learning, but was otherwise a normally healthy girl. Witness went on to say that she bad made tea for the men on relief works in Mortimer Terrace, and some of the men had visited her house to get tea’ Witness ha'd met’ the -accused Coats at that time’ Phyllis introducing him. The Witness here 1 became iinwell for a time, and she was removed from the Court. '' '

■On returning Mrs Symons said that, she remembered Phyllis leaving home at’ the. beginning of March. The girl :had been a little fussy,' but it was usually Witness, , was;, not , well that day, and sue would not let Phyllis out. As of.tliat ex;periehpiej hef ' daughtei; liad left home. -.Tlie rest of the examination related to the girl’s clothing. The witness identified some ..of the clothing produced. ■' ■V ' • ! . ,

The evidence of, the other witnesses wds to the effect tliat the accused had associated with Phyllis Symons, and tliat he had stayed at different houses with her.’ V -Arthur T)e Blaine, a waiter; said that W know Coats, who was ; staying at 140, Ade Hide Road, with Phyllis Symons, whom Coats introduced as “his wife for tlie time being.” Witness : had visited the -house with the accused-’ s sister, named Evie.' The accused

spoke' to witness about the girl Symons being in- a certain condition. Evie gave Coats a syringe and- a recipe. The Crown Prosecutor expressed dissatisfaction with his witness’s replies to subsequent questions. He asked permission to treat him as a hostile witness.

REMARKABLE EXAMINATION. . WELLINGTON, August 12. In the Coats case, after the luncheon adjournment the Magistrate said that the witness De Maine, was obviously fencing with the questions put to him, and, if necessary, he would grant permission to refer to the statements that were previously made by him. Continuing his evidence, I)e Maine the waiter, said that Coats told. him that Phyllis -Symons, was complaining about her neck being sore. Mr Macassey: “Did he tell you why her neck was sore?” Witness: “Yes.” Did he tell you what was the cause of It?

Witness here hesitated, until Mr Macassey asked him to speak up. * He then said ; ‘‘H-e said something about a hit over the neck.” Did he say what with ?

Witness again did not answer. The -Magistrate warned him that he must answer the questions. Mr Macassey: Did he say how Phvllis’s, neck was .sore?

Witness: Yes. He said that he just tapped her over the ba.ck of the neck.Did he say, what with ?. •Witness : . a bjt ; of wood. Mr Macassey : : .Did,he .say .what effect this had on Phyllis.

Witness: He said it- just. stunned her a little—that was all! ~ Did he tell you why -he ( hit her?; Witness.: 1 understood that it was to bring about a-certain resplt. Counsel ; Did he make any reference to the’"relief WorkS"a-t- Hataitai on the night that he hit Phyllis over the neck ? Witness remained silent for some (time.

When Ire was asked by Mr Macassey why he did not answer, witness replied : “I am just trying to think!” The witness then said, with reference to the works at Hataitai, that Coats told him it would be a good place to bury a dog. . AN -IMPORTANT QUE-BY-M-r ..Macassey.: Did he .say anything about -Phyllis at Hataitai ? Witness here remained silent,- and he was then asked :—Did he make any remark about s the earth that come down in tipping? ..

Witness: Yes. What was - it about ? . Witness : About Phyllis. . ' Mr Macassey: What did he say ? Witness hesitated for some tim? >be fore he replied: “Something about Phyllis ber-g -there, and a hundred tons of earth coming down. - Did-he- say why he took her there? There was no answer. Conns'V: Wlia-t : was the connection between the earth and Phyllis ? A gam there was no reply. Mr Macassey was given permission to refer to statements previously made by this witness. Witness said that he had advised Coats to send the girl home, and not to be silly. On -the 25th of June, witness' nut the accused in the afternoon. H? was with hhn until about, half past four. Coats asked witness to 'buy ioo<J for the even ng meal, saying that he hims lf w;’s going to see a friend at Hataitai to ask him to leave out a shovel with which to bury a dog. .ho far as witness knew, Coats never had a dog. Witness went to Adelaide Road -House, Phyllis being there as the tone. The accused returned at about half past five o’cl )ck, and, in reply to witness, he said that he had got on all right. His friend was going to leave out a silo . el. Ph -IPs said that they were leaving the house next day, and ta ! d . something about the rent. Witness and two other men left about .11 o’clock. That . was the last time that he srw Phyllis. On the following n’jght .Coats visited witness, and he remarked' that Phyllis' had gone home.