She Played a Risky Game, But Broke Its Unwritten Code. THE PRICE

NZ Truth, Issue 1191, 27 September 1928, Page 7

She Played a Risky Game, But Broke Its Unwritten Code.

THE PRICE

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HER declarations were ridiculed by J Magistrate Page when Sub-inspec-tor. Lander brought the case, before tils notice m the Wellington Police (Court last week. . She now stands before the world as b woman, who, having made an illicit Compact and affirmed it, afterwards regretted its provisions. ■ Some time ago, it appeared, she was Walking along Cuba Street, early m I the evening, when she met a young man'! •who asked her to go with him to a party, which had been arranged for that same, evening at a house m Tasman Street. During the progress of the party she tact Edward John Ross. . . Shortly after midnight, she and a tnale friend took their leave of the hostess and were about to pass through the front gate when Ross approached. He asked her to go home with- him or else asked whether he should acfcompany her home— the young woman fcould not remember which. Beemingly, an argument ensued between Ross and the other man, a minor altercation concluding with a blow on the jaw from Ross and the hasty flight of Mrs. Colfer's intended escort. In the meantime, a taxi had drawn Up outside the house. When Ross had disposed of the other gallant, he, Mrs. Golfer and a youth named Smith entered the car and were driven away. The woman had not been m Wellington very long, and, as the cay aped along the silent streets, she had no Idea which way Jt was going, until it pulled up outside. a house m a strange neighborhood. Ross and Smith then got out, Ross saying that he was going inside to get his coat. For some inexplicable reason, Mrs. Colfer also left the taxi and followed the two men up the garden path, just as the taxi-driver slipped m the clutch .and returned to his base. Ross opened the front door and groped his way to the doorway of a room which opened a short way from the front door, at right angles to it.

She Implored Him

Out of sheer curiosity, maybe, she, too, entered J;he house and walked cautiously m the direction of the doorway through which Boss had passed, which gave access to the bedroom, as she subsequently discovered. The place was absolutely devoid of light and the woman asked Ross to find the switch, but he told her that the circuit was out of order, so they had to continue their groping m the thick envelope of darkness. When her eyesight became accustomed to the darkened room, Mrs. Colfer could dimly make out two mattresses -which were spread out on the floor, but other than these the room was absolutely bare. As soon as she saw what circumstances surrounded her, the young toroman Bald she wanted to go, but Ross baked her not to go and said he would like her to stay. With that, he caught hold of her, and, before she could realize his intention, tie had pushed her down on to one Of the mattresses. > : When he did this she became alarmled, but told him not to be silly. Boss commenced to struggle with her. - She called out to Smith, but there game "no answer. Smith may have been asleep on the other mattress, she considered, as he had drunk a good deal' of liquor at the party. .':■'[. , The rapid changes from the party atmosphere to the taxi, from the taxi again to the fresh air and from thence to the confined area of the room, may have brought about a condition of semi -drunken stupor. Whether he heard and deemed it politic not to interfere, or whether he was m a deep sleep, she could not say, l but at any rate she knew it was hopei. Jess to expect any assistance from |A him. . She then told Ross that if he did not let her go she would complain to the police, but when this threat proved unavailing, she again called out, but CS!!"!!!!"ZiZ!!Z

OBSERVATION of duplicity m V humans seems to be somewhat akin to standing on the bridge of an ocean-going steamer and wondering when it will come abreast of the horizon — its extent seems boundless . . . nor is there scarcely anything more elusive. :

Young Married Woriiai^s Shameless Story In Court

VITA LIKED TO PLUNGE, THOUGH SHE WOULD NOT PAY

==' » H II (From"N.Z. Truth's" Special Wellington Representative.) • §§ 11 HANS ANDERSEN and the brothers Grimm were remarkable for their fairy stories, but so also should be |J II Vita Winifred Colfer and other women of her kind, who, proclaiming their virtue, shout from the house-tops j| || the yileness of men who supposedly outraged them. , jj (I Only children— and toothless rustics— really believe iii I airy tales, yet, strangely enough, grown women j| f! of ten seek to strain the credulity of our judiciary m asking them to believe some of the stories unfolded m court. Jj j| Mrs. Golfer, for example, said that a Wellington carrier -named Ross criminally assaulted her m his bed- || II room, whilst a friend named Smith slept on a nearby mattress and either ignored — or failed to hear— her j| fl appeals for help. ||

without any effect upon the silent Smith. • She fought madly with Ross, she declared, and attempted to call out once more, but by this time her assailant had his mouth over hers and she found herself absolutely helpless, despite her struggles. . ;

"That is all," she concluded.

Magistrate Page: What do you mean by "That is all"?— Well, he succeeded. The bench: "You must tell us exactly what you mean by that." , . . A lengthy silence followed, during which Mrs. Coif er looked somewhat wildly around the court, first at the police, then at the accused man m the dock, then at the watchful face of defending counsel, at the Press bench, and, finally, towards the dais of the magistrate. • She explained what she meant. After that she said that Ross had asked her to r -stay the remainder of the night with him, but she refused. After some coaxing on his part and equally determined refusal on hers, Ross stood up, told Smith to get up and said they were going along to see Mrs. Colfer home. ; He then allowed her to get up from' the mattress. When she had straightened her attire, the three left the 1 house and commenced to walk m the direction of Vivian Street, where the woman lived. . '. . • Three or four houses away from where she was staying at number 223, Vivian Street, they left her, and, having bade her "Good night," turned back on their way home.

Told The Police : i ''■' '

Smith, it seems, was staying with Ross at the time the outrage was supposed to have taken place. She pretended to go through the gateway which led to number 223, but, instead, she watched them turn the corner, and, when they had passed; from sight, she hurried along m the direction of Cuba Street, m search of a policeman. She told him what had happened and explained that although she had two glasses of wine at the party, she had not accepted any drink from the hands of Ross, whilst they and Smith were on the two mattresses. When x the constable had heard her story he took her to Mount Cook police station, where Sergeant Cleary was told, the circumstances related by Mrs. Golfer. The two police officers later accompanied her to the house where Ross had taken her. When he was confronted by. the two policemen, Ross flatly denied the commission of any criminal offence and even went so far as to say that neither this nor any other act of intimacy had been effected by him. However, he was taken to Mount Cook police station, where he refused to say anything beyond what he told them at the house. That was the way m which the woman described the. various incidents leading up to the arrest of Ross. If -inflexions of voice— carefully lowered and raised according to the gravity or otherwise of circumstance — or bowed head and general appearance of dejection are calculated to impress a magistrate, then Ross should now be awaiting his. trial before the Supreme Court. But not many minutes had elapsed when Counsel W. E. Leicester had riven her story m many pieces, leaving her discredited as a woman who had made, a bargain and then shamelessly

Vita's Past Life

revoked her acceptance of its conditions. Counsel: You say you are a married woman, Mrs. Golfer?— Yes. Is your husband m Wellington? — No, he is m the States. . How long has he been there? — About four years. ..."•. Are you separated?— Well, I suppose I am. He left you?— Well, not exactly. Then you left him?— Not exactly that. I was supposed to have followed him when the baby was born. Was the baby born? Have you any children ?— Yes, one; he is with my mother m Auckland. The bench: How old is that child? — Five. Counsel: How long has the caikl been m Auckland? — All the time. I have lived with my mother most o£ the time, except a few months m Cambridge. Another girl and I saved some money an.l vro came to Wellingr ton about eight weeks before this hap- j pened. Was that the first time you had lived m Wellington?— No. How long have you lived m Wellington at different times?— OH, three months at one time and eight weeks another. Where were you living on the previous occasion ?— I was working m the Albert Hotel for a while as a pantrymaid. Magistrate Page: Were you working on the second occasion? — No. My girl friend and I had saved a little money and we; came down for a holiday. A few days before this incident I was to have gone back to a job m Auckland. Counsel ;■ ;Ypu had no intention of going to the party until you. met your friend m Cuba Street?— No. The magistrate: Was Smith that friend who invited you to the party?— No. Another, friend? — Yes. * Counsel: Did you know the people to whom you were going?— No. • Who was the boy who invited you to the party?— A' boy I knew to speak to; I didn't know him very well. • Can't you give us his name?— No; if I did know it 1 have forgotten -it;. ; And you had no idea* as to the nature of the party to which you were invited?— No. It was to -be a: party, that was all I knew.. He told me it would be "all right." . Where was the party held? — I dunno. Tasman Street, I think. .

1 This fellow who asked you, it wasn't his party, was it?r— Nix. There was a fair amount of liquor consumed at that party,, wasn't there? —No, and if there was I didn't see any of it. Did you have any liquor before you went to the party ?— No. . 'The magistrate: What was the nature of , the party? What did they do m the four hours you were there? — Playing the piano; people- were singing; not much dancing, and so on. Counsel: Do you remember giving an exhibition of high kicking?— Me! I do not! I wasn't even dancing (m a tone of outraged surprise). You weren't even dancing! What were 1 you doing?— Oh, just sitting down and , talking. • / Had you met the people there before?-r-No, except one or two of the girls. Quite a small party, wasn't it? — There may have been about twenty there. ' , . • Don't you remember calling out on several occasions : "I am sick -of life; I am going to commit suicide"? — No! You will swear you didn't call that out?— Yes. Did everybody get what one might call "sparky" or was it a dull ..party? —It was all,right. Weren't you at the "talking" stage during the evening . . " . and didn't you get brighter even than that? — No. It couldn't have been much of a party If you .were talking all the evening? — I told the magistrate what sort of a party it was. Well, what was it? — Singing, etcetera. . . ' ■ ■ . Who was the man -who left you at the door of the house at which the party was held?— A' man who lived near me m Vivian Street. '

What was his name? — His name was Johnnie, I think. Had you met him before that party? —Yes. Yet you can't remember his other name?— No. Where was the man who took you there . . . under the table? — No, he was .with another girl. He took me there out of kindness, that is all. But he had taken you among strangers. Wasn't it his duty to take you home? — Oh, I dunno. I lost sight of him. ■ Tasman Street isn't a great distance from Vivian Street, is it?— l dunno; I had never been there before. But hadn't you some idea where it was to take place? — I thought it was somewhere m Tasman. Street. Had you never heard, of Tasman Street until that night?— No. You say you had' arranged to go home with Johnnie? What happened to him?— Well, he got as far as the gate and : then Mr. Ross came along. They had , an argument and Boss punched -him. You. then decided to go with.the victor? What happened? — Oh, Johnnie ran away: .The magistrate:' What was the argument about?— l dunno, really.^ .'Was it not as to who should take you home? — I don't think it was. altogether that;, but I think that- was one of the reasons. ■',■■■- Counsel: v,nn ni/Tn't met Ross before that night? — No. Did you ask the man who brought you to show you home?— No, it wasn't my' place to do that. . ■ ■ \ So you consented to go home, with' Ross ?— -Well, I didn!t know my, way home. ' '•/ ; There were- two other .men m

the taxi with Ross; isn't, that so?— Yes. What ' happened to . the third man? — I dunno. . • • The bench : When the car. stopped, 1 didn't you .know it wasn't opp o s i t'e your house? That it was m some other- locality? — Yes. Counsel: So you knew before you got out of the car that you were not m your own locality ?— Yes. What was his object m getting his coat, do you know? —No.. Did he require it for any other purpose that you know of?— No. You could equally well have • stayed m the taxi-cab, couldn't you? — Yes, I 'blame myself for •getting into the car

with Ross. 1 know / now what I should have done. Didn't you go into the house for a drink? — No, I did not. There wasn't any drink m the house. I suppose it wasn't your intention to stay with him m the house? — No, certainly not. You wanted to get home as fast as you could? — Yes, certainly. Do you remember whether it was a closed-in taxi? — It may have been. Now, how soon after you entered

the house did this offence . occur? — I suppose it would be about five minutes. During' which time you had been m darkness?— Yes. Did you think that Smith had gone to sleep . m this five minutes?— I didn't think anything about it. Magistrate Page: Did you kn o w Smith had gone to bed?— No, not until I got on the mattress and saw him on the other. How far apart were those mattresses? — Oh, about a yard or so. Counsel: You say you called out to Smith?— Yes. So that unless he had been m a very deep sleep he must have heard you?— Yes. What did you call

out? — I can't remember. I think I just called out his name. I know I called out something, pretty loudly, and had he been awake he couldn't possibly have failed to hear me. Will you swear that you yelled and screamed but? — No, but I sang out pretty loudly. Ye,t Smith made no movement?— No. You say Ross had iiis mouth over yours?— Yes. He didn't have his , hand over your mouth? — No.

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niiniuinininmimiiminniinniuiiiiuuuiiniimimiiiHiinmimniiiumiimimniniumHHiunuiii^s Did he remain m this -"position the whole time? — Yes. You, I suppose, were quite sober and normal at the time? — Yes, of course. You couldn't have prevented him, at any time?— No, if I could it never would have happened. After it happened, how long did you stay there?— -}, wasn't long. He made me sit up . . . and about ten minutes afterwards he let me go. Did you say anything to Smith during that ten minutes? — No. You made no attempt to rouse Smith or anybody else? — No, it was of no use then. Were you and Rosa talking during that time?— Yes, we were arguing about my going. He wanted me to stay the night with him and at first he wasn't going to allow me to go away. I made no appeal to Smith. After that, you and Smith and Ross walked to your house? — Towards it, yes. Mr. Ross made Smith 'come with me. You didn't meet a constable on the way?- — No. Did you go inside the house before meeting: a constable? — No. Practically right from the time you entered the house, Smith was not concerning: himself about you? — No. Did you know Ross was a married man?— No. Did you tell him you were a married woman? — No. Because it would cramp your style? —No. Going along the street towards your house, did you mention a man called Logan or Logic? — Yes. Did you say: "I go with him on the straight"?— No, I did not.'

— "N.Z. Truth's" Exclusive Pictorial Service.

You swear you didn't use those words? — Yes, I do. Or that you had been keeping: company with him?— l had been to the pictures with him once or twice. Did you mention the fact that Ross had' assaulted or had a fight with Logic? — No, I don't know how it came up. Perhaps Ross or Smith mentioned his name and the discussion started then. . Do you know a man named Jamito?- i -Yes, er, no. Come on now! Yes or no? — -Yes. A negro boxer, isn't he?— A Filipino. He was just an acquaintance, not a friend; I knew the man who trained him. ' ■■■■■, ; ■ Did he stay m" the same house as you?— No! No! '-."".- Weren't you keeping company with him; at. one time?— l haven't' walked two yards m ray life with him. This constituted the final question of her cross-examination, and when the young- woman left the witness-box she appeared almost exhausted by the verbal attack of Lawyer Leicester. The next witness was. Dr. Leslie Gordon: Austin, who said he conducted a searching examination of Mrs. Coif er early m the morning following the alleged outrage against her. He examined and took possession of certain garments and then proceeded to give her an intimate physical overhaul. - ; . He took swabs, etc., and placed them m sterilized bottles, which were subsequently handed by the police to the pathologist at the Wellington public hospital (Dr. P. P. Lynch). He could not detect any signs of abrasions or any physical hurt on any part of her body. •

VITA WINIFRED COLFER is . a young married woman, who, having sipped the wine of various experience at dusk, reck'd not of morning's aftermath. Sun-up brought the dawn of realization, when she proclaimed loudly that her virtue was beyond compute. But was It?

At eight o'clock the same morning, Ross agreed to submit himself to an examination, but the doctor failed to detect anything which would lead him to believe that any outrage had been committed. Nor could he say definitely whether intimacy had taken place between Ross and the woman Colfer. Dr. Lynch told the court that as the result of microscopic observations from the swabs, etc., taken by Dr. Austin, he found Mrs. Colfer to be suffering from a virulent complaint m an infective form. The microscope had not produced any evidence that- Intimacy had taken place betwen. the pair. Robert Stanley Smith, pale of face, wandering m glance and remarkably vague about things^ m general— and the case m particular—said he was a mechanio and lived In Nairn Street. He related how he had Joined the party at a house situated towards the southern end of Tasman Street, whence he had gone at the invitation of Ross. At about one-fifteen the next morning, he, Ross, Mrs. Colfer and a man named, he thought, Anderson, left by taxi, although he wouldn't be quite sure whether Anderson was m the taxi, now he came to think of it. On thinking it over, however, Smith said yes, he did remember seeing Anderson m the taxi. Mrs. Colfer got into the taxi of her own aocord and the driver then took them to Hayward Terrace, where Ross lived. - The magistrate asked Smith how

Then Fell Asleep

was he—fairly sober ?— "Oh, I was a bit 'gone'," returned" Smith, smiling confidentially m the direction of the bench. '. "You had a fair number of drinks, then?" queried Magistrate Page. "Oh, yes," came the response, with another furtive smile. Smith said the taxi had stopped at the end of Hay ward Terrace, as it was a blind street and the driver, said he did not think he would be able to turn. ' Anderson remained m the taxi and the three others walked the fifty yards or so to where No. 7, Hayward Terrace (Ross' house) stood. By the time they reached it, the taxi had disappeared. Mrs. Coif er wasn't asked to go into the house — she had gone m of her own free will. It appears that at this particular time, the Ross family was m process of moving to another house; 'Since there was no furniture m the house at Hayward Terrace, Mrs. Ross and the children were sleeping elsewhere. . Smith then said he wasn't quite sure whether there was any furniture there, although he was staying there with Ross, which prompted the bench to ask: "Didn't you know there was furniture m the house? You were going to sleep there that night, you know." "Oh, yes, I knew there was bedding there," was the reply. ;

They all went into the room which led straight out on to the main entranqe of the house and then they/sat down on a box ottoman.. ' They smoked cigarettes, and, after a short while, Ross and Mrs. Colfer moved over to where one of the mattresses was stretched out on the floor, whilst Smith lay down on the ottoman and fell asleep. He couldn't say what happened after that. The first thing he remembered lifter stretching himself along the length of the box ottoman was when

A "BitCackoo"?

Ross woke him and said he wanted him to go along the street with him and Mrs. Colfer. On the way, someone— either Smith or Ross — produced a bottle of beer, which they drank. Smith concluded his evidence by saying that before they got into the car that night, he had attempted io persuade Ross from having, anything to do with Mrs. Colfer. ■ Counsel Leicester: You said you tried to persuade him not to go with her? What did you mean by that? — Oh, well, I can tell a description of a girl when I look at one (rather knowingly). . ... - • So you didn't think it advisable that he should go with her? — No. Ross was playing the piano at the party? — Yes. Did you happen to notice how the girl was conducting herself at the party?- — Yes. ■ . . Was she sitting down talking all the time?— No! (scornfully). She was outside half the time with the fellows. Did she seem to be quite bright?— Oh, yes.' Up to the time you went to sleep, did Mrs. Colfer raise any objection to staying In the house? — No. .■<■■■ Did you see her endeavor to get away from the house? — No. If the girl had complained about sitting on the bed,, you would have heard her?— Yes, I. would. How far was the ottoman away from the mattress? — About a couple of feet away. . Did you hear her call out at any time? — No.--- ' , ' ■ When you accompanied her down the street after you woke, was she friendly- or unfriendly? — Friendly; she was quite happy. And her attitude towards Ross; friendly or unfriendly?— Friendly. You say she had her share of the beer? — Yas. , Did she make any complaints to you, or m your hearing, going down , the street?— No. v None at all?— No. „Did her actions at the party strike you as strange?— She looked a bit "cuckoo" on it. The magistrate: What does that mean? Half-intoxicated, as though she had too much liquor ?-r-Yes. V Did you hear her say anything at the party about not caring what . happened to her?— No. Was there a man named Logan or I Logic mentioned on the way back to

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her house? — Yes, she asked Ross whether he knew Johnnie Logic and she said: "That's my straight." . The bench: Were you doing anything: else besides smoking whilst you were * on the ottoman?— No, your honor. . Sub-Inspector Lander: Did she strike you at the party as an immoral girl or a drunken girl? — A drunken girl. , You tell us she looked a bit "cuckoo" and a bit queer? — Yes, drunk. And you advised the accused not to go home with her ?~Yes. Was the accused sober or not?— Well, he had a few m. Constable Wilson and Sergeant Cleary then told the court how they had returned with Mrs. Colfer to Ross' house m Hayward Terrace. The sergeant knocked loudly upon . the door of number seven, but received no response, so the party went round to the front of the house, to the window which looked out from the bedroom m which Ross was supposed -to have assaulted Mrs. Colfer. Raising the window, the sergeant looked into the room and saw two men asleep, lying together on a mattress that was spread out on the floor, close to the window. The sergeant then got through the window, . followed by the constable, who, as soon as he had gained access to the house, went to the front door and admitted Mrs. Colfer. . By this time the two men were awake and the sergeant asked which" of the two was married. Ross replied: "I am," whereupon the sergeant said he was bringing m a woman to identify the man, who, she . declared, had ravaged her. "- , "All right," replied Ross. "But wait until I get my trousers* on.!' * In the meantime, the constable called. Mrs. . Colfer to the front door. • When she entered the- room, she was asked to point out the man against whom she had 1 laid a charge. She pointed to Ross. Sergeant * Cleary then said: "This young woman accuses you of assaulting her. What have you to say?"

Strangers To Her

Boss positively denied the truth of such an allegation, and said, vehemently: "Why, she drank a bottle o£ beer with us, hot so long ago!" He was then asked whether he had been intimate with Mrs. Colfer, but he denied this also. ■ Smith wag then asked whether he knew anything of the occurrence, but replied that he had been asleep knew nothing whatsoever about it. When Ross arrived at Mount Cook police station, he protested hia innocence, but would say nothing further. f'l am innocent— l would like to see a lawyer," was all he said*, whereupon the watch-house keeper was despatched* and a short while afterwards Lawyer Leicester had taken his. preliminary steps towards the defence. When the concluding sentence had been typewritten on the court deposl- . tion papers, defending eounael rose to make a few observations, but Magistrate Page intimated that there was no need. "I don't think I need hear you further, Mr. Leicester. "The essential element of such a charge Is that the act of Intimacy should have taken place without the woman's consent .... . />. "She went out with men she didn't *' know, had a quantity of liquor and left well after midnight with two men, who, until that evening, had been strangers to her. "The two , men were under th« influence of liquor and yet she went with them to a strange house, into a bedroom that was m total darkness. £ "If a woman chooses to do that, she cannot complain if the court views her actions somewhat critically. ■ "She alleges that she was outraged whilst the other man, Smith, waa m the room! But even if such an act .did take place, there is not sufficient satisfactory, evidence to justify my sending the accused man to the higher court. "I propose to dismiss the charge."