HUSBAND’S CRIME

New Zealand Times, Volume XLIV, Issue 10280, 15 May 1919, Page 8

HUSBAND’S CRIME

ATTACK WITH A RAZOR SEQUEL TO DOAIKSTIC ESTRANGEAIENT. A story of domestic estrangement was told in the Supremo Court yesterday ' when ' a returned soldier _ named John James Joseph Leo stood in tho deck to answer a charge of having attempted to murder his wife, Olive Alicia Lee. on February 27th. The Chief Justice (Sir Robert Stout) was on the Bench. Air P. S. K. Macassey appeared tor the Crown and tho accused, who pleaded not guilty, was represented by Mr T. Neave. In opening Alf Alacassey said that the accused was married to his wife op his return from Samoa. Some time alter the marriage accused went away to the front and returned in March, 11>18. Lee commenced to make allegations against hia wife, of whom he v as suspicious. There was not the slight-est-ground for the. suspicions as to the woman’s conduct-, and it was apparent to her that his mind had become unhinged as a result of the war. Mrs Lee was unable to tolerate the treatment any longer and she left her busband on several occasions. Subsequently Mrs Lee‘was compelled to go mio hospital and 'when she returned to her home in Brooklyn Leo was kind and considerate towards her. As mcii as she recovered, however, he resumed his previous behaviour-and Airs Lee was compelled to go to her mother’s house. Later she went to live at the- People’s Palace in Cuba street, and finally made arrangements to go and live with a Airs Johnstone at Kilbirme. On the evening of February 27th Airs Johnstone went to see Airs Leo at the People’s Pnlace. and it was arranged that the latter should go to live at Kilbirnie pending other arrangements. While she was preparing to go accused came to the room and asked admittance.' Airs Lee was afraid to open tho door, whereupon accused pushed the lock in, and on entering asked her to go back to him. He suggested that he should accompany his wife to Kilbirnie to talk it . over, hut she replied that she was going to let the separation order go through the court. Accused accompanied the two women in the car .as far as Constable street, where they were compelled to alight for the purpose of changing cars’. Accused told his wife he wanted to so< ak to her. privately, and the two went into a shop doorway. Ho again asked her. to go back to him, but she replied that she would not do so. Accused then took a towel out of a bag he carried and offered it to witness, saying it would do for the baby. She did not accept tho proffered gift, and she then saw Lee take a razor out from the folds of the towel, saying that he would take her life. She was suddenly attacked with the razor and remembered little more until she found herself in the car bleeding profuselv from cuts on the face, neck and hand. She was taken to Airs Johnstone’s house at Kilbirnie, and there attended by Dr Kemp. When arrested the accused re-marked-.—“l did not intend to kill my wife; my life has been a misery ever since-I: came back from the front ” Airs Lee gave evidence on the lines of counsel’s statement. Mr Neave cross-examined witness on the relations' of husband and wife up to 'he time of the occurrence.

Annie Teresa Johnstone and Sergsant J. A. Cruickshank gave evidence nmilar .to tlint given in the lower court. No evidence was called for the tefeaco. In, the course of his address to the jury Mr Neave stressed the fact that no razor was found after the assault. He suggested that the evidence was In accordance with the theory that some less dangerous weapon had been used and that Lee had no intention of taking the life of his wife. The illness suffered by Lee. and the hardships he had experienced” had resulted in ihs mind . becoming unhinged. Mr Neave put it to the Jury that it should consider whether the razor was not really a comb, which was afterwards found in the bag carried by the accused on the night of the affair.

In summing ur> His Honour drew attention to the fact that the medical evidence showed that the wounds were inflicted by a sharp instrument, and net a comb.

After a retirement of a little over an hour, the jury returned with a verdict of guilty on the second count, that of wounding his wife. Sentence was deferred.