WIFE BETRAYER WAS POMMELLED INSENSIBLE

NZ Truth, Issue 1190, 20 September 1928, Page 3

WIFE BETRAYER WAS POMMELLED INSENSIBLE

Jte* Claude Offwood Took Physical \JjskJ!alSL .•fi&»lv. And Legal Knock-out *!mm^:

DAIRY HAND GOT ALL HE DESERVED, SAID MAGISTRATE

IN rather an. Unoo n ventional manner sufflcient evidence for the execution had been gained' of divorce proceedings. William Claude Offwood, a worker m the Chrlstchurch Dairy Company, shattered more than one command-

mant, and his penalty "was a mauling from the man whose home he wrecked. . George Henry Gardner, a young motor mechanic, suspicious of hits wife's Infidelity with Offwood, anticir pated an introduction to 'the Judicial system of New Zealand m the role of a petitioner m a divorce suit, but it was his own unlawful actions while gathering evidence against his unfaithful wife that brought him much quicker to the seat of justice, m the role of defendant m an assault case. In the still of night Gardner visited a house at 62 Wordsworth Street, m which he found his wife sharing a room with Offwood, and m an uncontrollable outburst of rage he pommelled Offwood into a state of temporary insensibility. < Offwood himself is a married man, having a wife and four young children dependent upon him, but apparently he had no qualms of conscience m appropriating another man's wife when he laid a complaint against Gardner for assault. It is seldom that the unwritten law is used m New Zealand courts as a defence, but that was partly }n effect the defence raised by Lawyer M. J. Burns m the Chrlstchuruh Police Court last week when Gardner ap- :

peared to answer the charge of assaulting Offwood. In view of having laid the complaint himself, it might have been pated that Offwood would deny the allegation that Mrs. Gardner was m the room— occupying the room — with, him at the time of the assault, and the police intimated that they did not admit that the woman was there. The case was unexpectedly shortened, however, when Offwood, the principal Crown witness, under crossexamination by Lawyer Burns, frankly admitted that Mrs. Gardner was there. Jointly charged with Gardner were Martin Lawrence O'Malley and George Edward Cribb, two young men who accompanied Gardner as witnesses m his effort to gather sufficient evidence m support of his pending divorce petition, but after hearing the police case Magistrate Mosley stated that there was absolutely nothing against them and informations were dismissed before the case for the defence was proceeded with. Chief-detective Carroll, who conducted the prosecution, produced In court three exhibits which Indicated premeditation on the part of Gardner. They were a club, a wooden shield with an iron handle, and a <wedge.

(From "N.Z. Truth's" Special Christchurch Representative.)

All was dark °nd not a soul was about. Three men stood outside the window of a house m Christchurch. One was armed with a woo Jen shield with an iron handle, a club and a wedge. While they stood m a black shadow the gentle whisperings of male and female Voices drifted to the tense listeners outside. Then silence — a sudden attack was made. The window was shattered under the assault and the three waiting men gained an entrance. Then the denouement I A crashing of blows and a scattering of feet. The male occupant of the room was left insensible on the floor, while the faithless wife of the attacker fled.

Gardner's wife occupied a room at the same house. . . An inspection of the place revealed the weapons produced, apparently left behind by Gardner, while the blind and curtain on the window of Off--wood's room were torn down. / Offwood's head and right ' shoulder were injured, while his back -was black and blue with bruises. Lawyer Burns: I believe Mrs. Gardner had a room somewhere m the front of the house? — One.

And where was .your room? — In the front of the house. How many rooms are there m the •front of the house ? I—One.1 — One.

You were sleeping m the same room? — We were. Twin beds?— No. Tou were occupying the same bed? —Tes. Well, why didn't you tell the police that when you made your statement? — I made a second statement correctIng the first one. I thought it better to tell the. truth. Hasn't this trouble been entirely caused by you? — Not altogether. Mrs. Gardner was away from her husband from last December until

Living Together

March. Was she with you then? — We lived at the same house. A further insight into Offwood's mode of living was given when Lawyer Burns questioned him concerning his own wife and family. Offwood admitted that he had left his wife and four children since last December which coincided with the . first occasion on which Mrs. Gardner left her husband.

He was paying for their maintenance, and was up .to date with his ipayments. Counsel: Are you still living with Mrs. Gardner-? —

■ .■ Tes, but we have shifted from Wordsworth Street to Battersea Street. Offwood further stated that he had been living with Mrs. Gardner three or four nights prior to the assault. Before that he had been living m a room above the Christchurch Dairy Company's factory m Tuam Street. Detective Thompson put m a statement by each of the accused. ' Gardner, In his statement, declared that he went to the house for the purpose of gaining evidence, but when he saw Offwood m bed with his wife

he lost hlB temper and "sa-w red." While he tvus pulling Offwood out of bed, his •wife escaped through the door, which was subsequently wedged from Inside to prevent anyone else In the house ooming to OffiTood'i assist-

v anoe. He admitted assaulting 1 Offiwood with his hands, but he might have kicked him m the head 'while he was on the floor. He "was In such a fit of temper that he did not remember much about it, • His sole purpose m visiting the place was to get evidence, and he took the club and another wooden implement to break the window and obtain quick access. When he went into the witness-box, Gardner supported his statement m general and added a few more details. Last year, he said, he had experienced trouble with his wife through the attentions which Offwood was paying: her. They were alwayß out at night together ... . The Magistrate: "You don't need to go too far into that part of it." . Gardner continued that his wife left him m December, but he persuaded her to ret/urn m March. Early m August she went again and he heard she was living with Offwood m a house at 52 Wordsworth Street. Consequently, he visited the place late at night and „ heard the wife's voice and also that of Offwood. He was sure he heard them . getting into bed together. He therefore consulted his solicitor iiiintiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiitiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiii!

and was advised to take along some witnesses and gain sufficient evidence on which to 'base a petition for a divorce. He took a torch and planned to catch the two m bed. The wooden shield was intended to break the window sash, and the club was to beat down any ragged glass which would impede his progress into the bedroom. He also proposed to defend himself with the club if he had been tackled 1 by anyone else m the house. "I flashed the torch around the room immediately I got through the window," said Gardner, "and when I saw them m bed together I saw. red and lost my head. I know I gave him a hiding, but I didn't know what I was doing." Detective Carroll: But why should you lose your head. You went there expecting to see what you did see. That's why you went prepared with the tools I suppose?— -My wife reokoned there was nothing between them, but when I saw what was going on I went mad. ' Gardner added that he had previously seen Constable Norris and asked him to accompany witness to the house, but the constable refused, stating that it was a private matter m which he could take no part. A wholesale condemnation of