DODGING A WORSHIPPER

NZ Truth, Issue 1187, 30 August 1928, Page 5

DODGING A WORSHIPPER

How Flapper Went Iri Out of the Rain, but Found Trouble (From "N.Z. Special Auckland Representative.) When Phyllis Brown, diminutive l,7~year-old domestic employed by a Papatoetoe resident, stepped from the 'bus at 5.30 p.m. on the night of May l3, which 1 happened to be a Sunday, she stopped to talk witji young Ted Anderton. From the girl's point of view, m the light of subsequent events, it was' unfortunate that Philip Thomas Tucker, Papatoetoe 's beard and hair merchant — also thai town's billiard saloon proprietor — should have taken it into his head to stop and talk also.

HE taiTied a while to enter into conversation with Phyllis and An&erton. . Miss Brown's account of what followed is that she accepted Tucker's invitation . to take shelter from the weather m his billiard saloon, as she had no coat and it was raining hard. She therefore secured her bicycle and marched off with him, leaving young, Ted to seek company elsewhere. Philip Thicker spent a few minutes with gramophone music— he thought "Rosy Cheeks" very appropriate— and they stayed talking about nothing m particulai-, so Phyllis says, during which time she remained standing by. one of the billiard-tables. Then Tucker grabbed hold of her arms arid threatened if she did not go with him into the back rpom he would twist her arm. "He pretty Veil carried me into the back room,'' complained Phyllis, "and threw me on one of the beds there," What followed resulted m Tucker's nrrest on a charge of seriously assaulting the girl. , Phyllis • alleged, that she Had got off the bed and immediately left the building. ' ' Tucker accompanied her as far as Lambert's shop, and there .he had grabbed Tier bi3ycle from her, saying he would hold it while she went 1 In and got her par- | eels. I When he called out "Good night," she had responded also with a "Good night," and they parted. That is Phyllis' story. Philip Tucker's explanation differs m material respects ~as told to Judge Blair and a juryHe had certainly approached Phyllis, who was talking to a young man, he said. The girl had spoken to him m a low voice, telling him she wanted to get rid of the young man she . was with, but she did not know how to do it. His suggestion had been that she accompany him to . his shop as the best means of ridding herself of the allegedly unwanted Ted Anderton. This she had agreed to do, and she had accompanied him there. He had put on the gramophone m the billiardroom, the first record being "Rosy Cheeks" and the next some orchestral music. Phyllis, he said, had asked him what the back room was, and he had told her it was where he and his father batched. While' m the billiard-room they were kissing and canoodling, and then' he went into the back room. and put the light on. The girl followed him there. ' <• Philip Tucker, m his statement to the police, described what happened m the room. There had been some struggling, but no intimacy had taken place, the girl saying, "Not to-night." He denied that he had assaulted her. They hud returned to the billiard- room and listened to some more music. . Tucker's next contribution to the night's entertainment was to put. on the record, "When AiStumn Leaves are Falling." Phyllis, according to Tucker, remained with him for about ten minutes because it was. raining hard. Then he let her out the front door and she 'secured her bicycle. He walked. up the road with her to Lambert's shop and held her bicycle while she went m and got' some parcels. . « . . "' At the outset of proceedings m- the Supreme Court, it was stated that- the Grand Jury had refused to bring m a true bill against Tucker on the more

serious charge. He was indicted on the alternative charges of indecent assault and common, assault. Dr. Kenneth Mackenzie, who examined Phyllis at the Auckland Hospital,., said he had not found any marks or bruises on the girl. From his examination of her he could say that there had been intimacy, and for the first time. Lawyer Macky: If this girl had been forcibly outraged would you not expect to find bruises or marks? Witness intimated that he was decidedly- of that opinion, and added that m view of his examination he was of the oiMnion that the girl could not have resisted to any gi;eat extent. Dr. Valintine, of Papatoetoe, who was. called m by Mrs. Henderson to whom the girl had told her story the same night, said he had found her m an extremely nervous condition and had sent her to Auckland Hospital. From Joseph Alexander Henderson, the court learned that he had been romping with his children m the kitchen on Sunday, May 13, when Miss Brown arrived. She seemed to he quite all right and did not show any sign of collapse, and there was nothing- about her to suggest that she had undergone such an ordeal as that ■which' he subsequently learned Crom his wife was alleged to have taken place. ■ His wife Avas not at home when Miss Brown got to the house, b.ut she came m about nine o'clock. The girl stayed with them that night. Next morning he paid a visit to Tucker's saloon and said to him: "You are just the man. I want to see, Phil. You have got yourself into a devil of a mess now." Accused asked 'witness what he meant, and he told him that Miss Brown was at his place and had accused him of assaulting her. Tucker denied it. Lawyer Macky asked witness to recall an occasion when witness, with other men were m Tucker's saloon and Miss Brown's name was mentioned. "Do you know a man named Gladding?" queried counsel. Witness: Yes. Did not Miss Brown's name come' up one night at the saloon? His honor: What are you coming to now— the tattle of a billiard saloon? Lawyer Macky submitted that what his questions were leading up to was relevant, and . continuing, he asked: "Did not you say to Gladding on that occasion, "that girl will get some of you boys hung, you had better be careful" ? . Witness: I said: "She will get you into serious trouble yet." ; Witness was leaving the box when his ho.nor called him back, at the same time remarking: "It must be carried further than that. What Is the relevancy of that statement, Mr. Henderson ?" he asked. Witness: The girl's name was brought up because she is a simpleminded girl. She used to come to my place every Sunday evening, and it seemed to me that every thing, the girl did she would tell my wife." "It is Tucker's doings." This, Mrs. Minnie Elizabeth .said, was what Phyllis Brown told her after she had heard from the . girl the story, of- the night's happenings. "He got a policeman's ■ hold on me and dragged me. into the bedroom." \ Witness had known the girl for six months and had always found her a girl of good character as far as she knew. She had never shown any. sign of looseness m her morals. Lawyer Macky did not call evidence. After a retirement of an hour and aquarter the jury returned a' verdict of not guilty, but added.^a rider to the effect that they wished to record a severe note of censure against trie accused -m taking advantage of an unsophisticated girl m such circumstances, and m view of any subsequent proceedings that may arise out of the case thp jury found it proved that misconducjL did actually take- place, - •. . . r-." '■ "■■ "■ : ■"'■"■,■ "■ " l