HUSBAND'S CRIME

New Zealand Times, Volume XLIV, Issue 10280, 15 May 1919, Page 6

HUSBAND'S CRIME

ATTACK WITH A RAZOR SEQUEL TO DOMESTIC ES- . TRANGEMENT. A story of domestic estrangement was told in tho Supreme Court yesterday when a returned soldier named John James Joseph Leo stood in the dock to-.answer a charge of having atI tempted to murder his wife, .Olivo Alicia Lee, on February 37th. The Chief Justice (Sir Robert Stout) was on tho Bench. Mr P. S. K. MacJSsey appeared for tho Crown and the accused, who pleaded not guilty, was represented by Air T. Neavo. In opening Mr Alacassey said that the accused was married to his wife on 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 slightest 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. Airs Lee was unable to tolerate the treatment any longer and she left her h usband on several occasions. Subsequently Airs Leo was compelled to go mto hospital and when she returned to her homo in Brooklyn Lee was kind and considerate towards her. As seen as she recovered, however, he.resumed his previous behaviour and Airs Lee was compelled to go to her -mother’s house. Eater 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 Kilbirnie. On the evening , of February 27th Airs Johnstone went to seo Airs Lee at the People’s Palace, 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 the door, whereupon accused pushed the look 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, but she replied that she was going to let the separation order go through the ' Court. Accused accompanied 1 the' twd'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 sp< ak to her privately, and the two went into a shop doorway. He 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 the proffered gift,’and she then saw Leo 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 profusely from cuts on the face, neck and hand. She was taken to Mrs Johnstone’s house at Kilbirnie, and there attended by Dr Kemp. When arrested the accused remarked’.—“l did not intend to kill my wife; my life bas been a misery ever since I came back from the front ” -

Mrs Lee gave’ evidence on the lines of counsel’s statement. Mr Neave cross-examined witness on the relations of husband and wife up to the time of the occurrence. Annie Teresa Johnstone and Sergeant J. A. Cruickshank gave evidence umilar to that given in the lower court. No evidence was called for the cofence. 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 up His Hononr drew attention to the fact that the medical evidence showed that the wounds were inflicted by a sharp instrument, and not 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 wonnding his wife. Sentence was deferred. ’