A SORDID STORY

New Zealand Times, Volume XXXVII, Issue 8339, 27 January 1913, Page 4

A SORDID STORY

HORSE-TRAINER AND GIRL. TWELVE MONTHS FOB ASSAULT. JOHANNESBURG, December 16. The sequel to a sordid story, involving a horse-trainer named Thomas James Walker and a young girl named Gertrude Marks, took place in ‘'A" Court before Mr Lionel Gill on Saturday, when Walker was sentenced to twelve months' hard labour for assault with intent to do grievous bodily harm. The case .had been remitted by the Attorney-General to the Magistrate for trial.

Walker had appeared before the Magistrate .some weeks ago on a charge of attempted murder, it being alleged that he had cut the throat of Gertrude Marks with a butcher's knife at Melville. It appeared that the accused and tho gild had lived together for some time, and that tho aflair hod arisen out of an attempt on the part of the man to make Marks return to him after a period of separation. Mr A. Cramer prosecuted, and Mr Sims appealed for tho prisoner. 'i'ho prosecutor read the evidence taken at the preliminary examination. The complainant had then given her testimony against Walker unwillingly, and had boon treated by the prosecutor as a hostile witness. She said that she and another girl, with the accused, had gone for a ride in a taxi-cab. They had dinner in town and went to a theatre, afterwards driving back to Auckland Hark, where tho complainant lived. The second girl went to her home, leaving Walker and Marks together, and the two had a conversation as to whether the girl should return to live with him. In the course of the conversation. Walker pulled a large table knife from his sock. In her evidence the girl did not give a clear account of what followed, but she alleged that by some accident tho knife came in contact with her throat, where she sustained two or three superficial cuts. W alker bathed and bound up the wounds, and eventually he and the girl went together to his house. "MUST HAVE BEEN DRINKING” At hearing, tho complainant, Gertrude Marks, was called by Mr Sims. Questioned as to whether Walker was sober on the night in question, she said that ho must have been drinking or he would not have acted as he did. When she said at the preliminary examination that tho accused had out her throat, she had said it after considerable pressure had been brought to boar upon her. Mr Cramer suggested that the Magistrate should warn, the witness as to the seriousness of her contradicting may material portion of tho evidence given by her previously. His Worship pointed out to the girl the heavy penalties provided for perjury. Mr Sims expressed tho opinion that after the manner in which the girl had been threatened with being put in the yard no charge of perjury could be sustained. Continuing, the witness said that she was lying down at the time her throat was cut. She had grabbed the knife which the accused had in his hand, and it just scratched her, the thing being done during the struggle. Walker had threatened her several times before, but had never previously hurt her. She considered that it was her act in grabbing at the knife that had caused the wounds. She had not lodged a complaint with the police, and did not want' to have Walker charged, as she had thought the whole affair the result of an accident and temper. WISHED TO SCREEN HIM.

ilr Cramer: Wa’a it accident or temper or what that caused him to carry a table knife about with him. to the theatre and elsewhere ? Witness: I don’t know. And what caused Mm to pull it out of

his sock? —It must have been jealousy, as much os anything else.

Jealousy about what?—Because I would not return to him.

You still wish ■ to screen him, don't you?—As much as I can. May Levison, another young girl, stared in evidence that on the night in question the 'accused was sober. She noticed a bruise on the complainant's throat, and thought that Walter had hit her. She denied having tried to persuade Miss MarUs to leave Walker.

The accused, giving evidence on his own behalf, said that while sitting with the complainant on the night in question he asked her to return to him. He had the knife in his hand, and the girl grabbed it. It was dark, and be bad not seen how close the knife was to the girl's throat. She said: "I'll come back; you’ve cut my throat." He bound up the wound. Subsequently be told the girl that he would marry her during November. She returned with him to his place that night, where he washed the wound. He had had about a dozen whiskies- that day. Ho had very often threatened Miss Marks, but had never harmed her. On that particular night ho had wanted to frighten her into returning to him, a«s he did not want her to "go to the wrong." Mr Cramer: So yon wanted to marry her with the assistance of a carvingknife? —No.

You considered it necessary to carry tins knife with you?—X Wanted to frighten her.

You were afraid she would “go wrong”?—Yes. WOULD NOT MAEEY HIM.

Had she not gone wrong before? She had been living with you lor years ; Why did you not marry her before?—Kho would not marry me. And you tried to persuade her by tickling her with this kniio? (Laughter.)— No, she grabbed the knife. X thought it would change her.

What? The knife?—No, the marriage.

Then it would not he necessary to carry knives and forks and things about with you?—No. Witness admitted he had once threaten ed the girl with a revolver, but said that the weapon was not loaded at the time. Mr Cramer: I suppose you had not the pluck to carry out what you started? —lf I had had any intention of doing it. nothing in the world would have stopped me from doing it. I am not a coward. Mr Cramer: No, a man who threatens women with revolvers and knives is no coward 1 Mr Cramer, in addressing the court, said that there seemed to bo a mistaken impression that the Public Prosecutor must not cross-examine any witness. In that case it was quite clear that the lady

herself bad not made any such com* plaint. Mr Sims said ho thought the Prosecutor in his cross-examination of the girl had gone beyond the limits allowed by the court.

The Magistrate said there was ample evidence that the accused had intended to commit the offence. He had threatened the girl with a revolver and with the knife. His Worship thought the prisoner was not only a coward, as said by the Public Prosecutor, but he was a most inhuman brute, and he was sorry the jurisdiction of the court only extended to one year. He thought the accused should be put away for more than a year, not only for the sake of the public, but for tbe sake of the girl. If ho were allowed to go free, his Worship was sure he would murder the girl. The accused: Never. His Worship: I will give you the limit of my jurisdiction-one year’s hard labour. The accused was removed from tbe dock crying-