ON ALVARETTA'S FIFTEENTH BIRTHDAY

NZ Truth, Issue 1184, 9 August 1928, Page 4

ON ALVARETTA'S FIFTEENTH BIRTHDAY

Her Maori Lover "Lied Like A Gentleman" To Protect Sweetheart's Name

JURY SEEKS HAPPY SOLUTION FOR GIRL'S SAKE

(Fi'om "N.Z. Truth's" Special Auckland Representative.) THEY WERE SWEETHEARTS. She, a comely European maid, not yet m her sixteenth year, and he, a Maori youth, stepping care-free and joyfully along the road to manhood at the age of twenty. They loved one another passionately, these two; not wisely, perhaps, but too well Out of the ecstasy of their illicit romance the girl emerged into womanhood, a poignant, tragic little figure, her babe still unborn ; her dusky lover m the criminal dock- They both paid their price for those brief, stolen moments ...

SHE was a sweet-faced maid of thirteen, attending: the little bush school of Kirikopuni, when they met. That was just after she had returned with her parents and sisters from America, with its hurry and bustle, its vivid, pulsating life, to the peaceful solitude of this Small bush town m the far north of New Zealand. Before she had stepped* over the threshold from adolescence into the glowing beauty of fresh, young womanhood, Alvaretta . Anna Zimmer had known the primrose path of love and had experienced bitter shame. Inextricably woven into her story are two men, both Maoris. The one, her lover, Downey Whaingaroa Pompalier, who had "lied like a gentleman" to protect her good name; the other, her alleged seducer, Hira Erai, whom she proclaimed the father of her unborn child, and .whom her sweetheart's counsel characterized as "a low-down blackguard and scoundrel." Pompalier was indicted on a charge of having committed a \ grave offence against Alvaretta Anna Zimmer on certain dates between March and May. He pleaded not guilty when facing trialbefore Judge Blair and a jury. The law sought the conviction of Hira Erai on a similar charge, but m his case the grand jury saw fit to return no bill. The Crown called him as a witness. . Roughly garbed, cleanly built, with well-chiselled features and the dark, expressive, eyes of his race, Downey Pompalier, understanding English, followed the proceedings with keen interest. His gaze rested always on the girl while she told her story. Though not yet sixteen years of age, Alvaretta Zimmer looked considerably more mature than her years suggested. Of sturdy physique — a robust country girl — her face, though homely, was attractive m its reflection of a simple and sincere character. She lived with her parents on their farm at Kirikopuni, she said. Pom-, palier, the accused, lived with his people just across the road from her home. "About a year ago we became sweethearts," added the girl m a low voice. ' . .' It was last September, after a farewell party to a man, named Payton, that intimacy first took place between Downey and herself. She was fond of him at that time— and was still fond of 'him. Alvaretta. went on to tell of her fifteenth birthday party. Downey was one of those invited. She could not remember, when she looked back to. that happy occasion, whether her age had been mentioned, "but "• she believed .everybody present knew that the party was to celebrate her fifteenth birthday. Alvaretta's romance was confined mainly to the daylight hours; with the exception of one or two rare occasions she was never out at ' night with her lover. • i •

A Birthday Card

; The reason for this was that she j used to write notes to him — and he to lj er — a nd her people objected to the correspondence. , In February, Downey came to work on her parents' farm, taking the place of Hira Erai and his wife. Intimacy tobk place between the girl and Downey several times while he was working on the farm — usually m the cowshed. Alvaretta said she had remained Downey's sweetheart right up to the time he left the farm. ; Grown Prosecutor Hubble: Were you quite willing on all those occasions? — Yes, I consented. ' In May, Alvaretta knew she was to become a mother. She told Dow,ney and said she wanted to go to town. Her lover was willing to help and gave her some money. , With Downey's assistance, the girl left home. The Maori carried his sweetheart's suitcase three-quarters of a mile down the road and left it there. Later, when Alvaretta opened it,, she found that he had placed 30/- m it. : Proceeding to Whangarei, the girl then came immediately to Auckland. Wnile m Auckland she wrote several letters to Downey, to which he replied. At his request she had destroyed his letters. ■'■■■■•. - ■ Knowing that July 3rd was her lover's birthday, Alvaretta sent him a book, "The Riding Master," some, gramophone records and a birthday card. . Lawyer Schramm: (cross-examin-ing): Did Downey know how old you were?— Yes, sir, I think he did. What makes you think he did?— He must have heard about it; he knew me since I started school. I think I told him. / i Well, 'then, you only go on the fact that he knew you since you were a little girl?— -Yes. ; You have sworn m the lower court that intimacy took place between yourself and Hira Erai; is that so?— Yes, sir, it; was about the end of January or February; just once. •Erai was friendly with Downey; he knew you were sweethearts?— Yes. Evai told me if I said anything about this he w;puld kill me) You .looked forward to the day when you would be married to Downey? — Yes. ; - '■■ •-."••'.'. '■- At this stage Lawyer Schramm read ah extract- from a letter on which he later cross-examined the girl 'm his client's defence. . Judge Blair would not permit publication of this document, suppressed, m fact, any reference m the newspapers to its contents. j His ruling was given under section 432 of the Crimes Act, during his sum-ming-up of the case to the jury. './" Though approached by counsel and the crown prosecutor, at the request of the Press, fot his ruling as to whether the reporters -.'were entitled to make reference to certain passages m. the document upon which the defence was largely based, his honor \stated definitely, that there must be no reference whatsoever. .'.'.'."• . His suppression of the document as a whole, also included the suppression of any portion of it upon which there, had" been cross-exam-ination. Lawyer .Schramm (continuing: his questioning of the girl): Why did you lay the blame ojn Erai's shoulders if he

I was not guilty? — Because he was (almost inaudibly). Why did you say tKat? — Because I did not not want Downey to know it. Do you mean that Erai is the father of your unborn child and not Downey? — Yes, sir. Have you changed m your attitude towards Downey ?-MSTo, sir. You still love him? — Yes, sir. How did Downey treat you during the time you knew him? — He was always good to me. Have you ever been with any other men beside Erai and Downey? — No, sir. You gave evidence m the charge against Erai that he had forced intimacy upon you m the cowshed? — Yes. In a very low voice, Alvaretta told, Lawyer Schramm that she wanted Downey to know that Erai had forced intimacy upon her, but she did not want him to know that Erai was the father of her child. ...

Kissed In Cowshed

A short, middle-aged woman, with greying hair and an expression of sadness m her eyes, told the court, that she was Lena Zimmer.. She corroborated certain portions of her daughter's evidence. . Hira Erai, the other Maori who had been indicted on a serious charge, concerning Alvaretta Zimmer, but against whom the grand jury had failed to return a true bill, proved to be a looselimbed young man with a. rather casual demeanor and an abundance- of > self-\ assurance m ,the witness-box. He accepted Judge Blair's suggestion that his hands would be out of the way if he placed them m. his trouser pockets, instead: of rubbing his chin. Without hesitation 'he 'announced that he was 27, a farm- laborer employed about the ■ district m which : the

Zimmer family lived and farmed. Downey was his first cousin. Did he remember Alvaretta's age being- mentioned at her fifteenth birthday party?— He did. • . .-. . . 'He also remembered the night of another party, a farewell to Payton, when the t girl had accompanied his wife to the send-off. ' On the way home that night he had seen Alvaretta and Downeyi together. The girl did not return with witness and his wife. ■ . . , "I saw them kissing before they parted," Erai announced m a matter-of-fact tone. Crown Prosecutor: "Did you see them kissing at any other time?" "Yes." And this time it was m the cowshed; Erai was just outside at the time.With the assistance of Crown Prosecutor Hubble, witness recollected that he had carried letters between the young lovers. Downey, he said,, would "chuck" his notes m the fire after reading them. "I said to him," continued Erai, "if notes are going round like that, I do not want to carry them."

Knew Girl's Age

Downey's reply to this had been: "I get what I want from that girl, so it will be' all right.'' ■ Lawyer Schramm: Did you know they were sweethearts?— Not until I saw the letters. . Counsel (sharply and suddenly) : "Do you know this girl accuses you of being the father of her unborn child?" Erai shuffled -from one foot to the other, .looked round the court and did not appear to intend answering the question, ; Again the query was put to. him — with added emphasis. . i This time Erai -stood on the other foot, swallowed hard, sent a wavering glance towards the girl and then answered: "No." • . ! Lawyer Schramm: Do you know- she. has sworn that you grabbed her and forced, intimacy upon her m the -cowshed at Zimmer's place?— l do not wish to say anything against" myself 1 . . . I have a' solicitor on my behalf m Auckland . . . . : . • , His. Honor: -,"I think what he means is that he intends to plead privilege m regard to that question. He has evidently been advised to do so by his solicitor m Auckland. Lawyer • Schramm (to witness); When were you first asked to give evi-

dence m this case against Downey?— When Detective Robinson came to me. When was the first time you mentioned this alleged conversation wfth Downey about the letters? — When the detective came to me last Thursday. 4 "Nowr, I put it to you that you came to give evidence here against Downey to try and protect yourself?" Erai took refuge m silence once again, but on being asked if he would answer the question, finally said: "The evidence I gave that day is m my statement — it is about those letters and I have given that before, whether I got protection or not." Lawyer Schramm: You knew this girl's age all the time? — We all .knew her age on her birthday. Why did you say to Downey that you did. not want to get mixed up "m this sort of business?" What did you know about the letters? — Because he told me. Did not he say: "It will be all right; I like this girl. There will be no trouble, about taking the note to her?" —No. You swear you saw these two kissing m the cowshed? — Yes. How far away were you at the time? — Not very far; from here to the wall. They were just a little way inside the door. .•■•■■•'. - To Detective Robinson, of Whangarei, Downey Pompalier positively denied that he had been intimate with the girl. He made a statement to that effect. ' Addressing the jury, the Crown Prosecutor stressed the importance of the girl's evidence and her truthfulness. It was obvious, he -'said; -that the girl had undergone an ordeal m coming into court and testifying where the evidence was against her own -wishes' and desires;, where she believed Erai was the -father of: her : child ■' instead of Downey— that was sufficient evidence of her truthfulness. "W e pome to the evidence of this scoundrel, Erai," exclaimed Lawyer 'Schramm during "his address to the jury,. in which the defence was a denial of intimacy, but if the jury, did not believe the denial, then an alternative defence'that the: accused believed the girl to ; be over the age of sixteen. •"This man is nothing but a lowdown blackguard arid a; scoundrel," continued counsel. "He, is a married man and ne outrages this girl. "He thinks. some further, proceedings, might hang over his head and he wants to put the blame on Downey. "He is a thorough blackguard and a and* you* should take no notice *>f hif story." ■>■ ' . - Lawyer Schramm congratulated Detective Robinson on the fair manner m which he had made his investiga-' tions and given his evidence. All along, stated counsel^ the accused had lied to protect the girl. She had asked him not to tell anyone that they were sweethearts, because she did not want her mother to know. , > .

Didn't Understand

In summing-up, his honor, commenting on Lawyer's Schramm's statement that the accused had all along lied to protect the girl, said it was obvious that Downey, and Alvaretta were sweethearts. '^Obviously he was her sweetheart," stated the judge, "and Mr. Schramm's suggestion is that he was going to loyally abide by it. He lied like a gentleman — -that is the way Mr. Schramm puts it. That may be." Continuing, his honor said: "The denial reaches you through the detective. You are only concerned to look at the sworn evidence before you — and that is the evidence of the girl and of the other witnesses." . The jury returned just before the luncheon adjournment and the foreman announced: "We are unanimously , agreed that the accused has had carnal knowledge of the girl, but are of the opinion that the accused, being a Maori, did not understand or ' realize the meaning of the law regarding the age of consent. : "Our difficulty," added the foreman to his honor, "is as to the verdict we should bring m." The judge informed the jury that m view of their finding, what they must consider was — from the evidence — whether accused believed the girl to be over the age of 16. • One other point the foreman brought forward was that the jury felt the accused and the girl were undoubtedly lovers; "that they are passionately fond of one another and we are trying to find a happy solution out of the difficulty," he concluded. His Honor: "Yes, I can see that, but I am afraid \ cannot say any--1 thing on that matter." The jury again retired. When they returned the second time, the foreman said: "Regarding the question of the girl's age, the jury 'is of the opinion that this did not enter into the mind of accused . . . and we strongly recommend him to the mercy -of the court.", The judge then directed the jury to bring m a verdict of "guilty.","You can safely trust me to do the human thing m the matter," his honor remarked. Passing sentence, the judge said: "I propose, m view of the jury's strong recommendation, and the view expressed by the jury, to take a lenient view of this : case, though certain features of it are very serious indeed. "I propose to give you a term of probation . . . Now., it seems to me, so far as you are concerned, this girl is too young to have anything more to do with you . . . and I propose to make it one of the conditions of the probation that you goto some other district than the district, m which the" girl resides. > "I, will fix the period of probation . at three years on the usual terms — and on the additional term that, during the period of probation, you must not reside within a distance of 10 miles of the Kirikopuni Post Office." > His honor told accused that he must also pay, m 'such instalments as the probation officer thought fit, the sum of £ 31, representing flic cost of the prosecution. .