STORY OF BRUTAL ASSAULT

Sun (Auckland), Volume III, Issue 659, 10 May 1929, Page 1

STORY OF BRUTAL ASSAULT

Woman Struck with Iron Bar INCIDENT AT MORNINGSIDE Accused Man Stands Trial AYOL t NG woman’s story of being followed by a man and brutally struck on the head with a piece of iron pipe at 9 o’clock at night on the Western Springs Road. Morningside, on March 28 was related to Mr. Justice Herdman in the Supreme Court, today. Bertram Augustine O’Connor, 35. is on trial for assault with intent to cause grievous bodilv harm.

TITR. MEREDITH, Crown Prosecutor, conducted the prosecution, and Mr. Noble appeared for the accused. The victim of the assault described how, on finding a man was following' her, she stopped on the pretence of emptying a stone from her shoe, to allow him to pass. He did not do so, however, and when she straightened she was almost rendered unconscious by a heavy blow on the head with something that rang like a bar of iron. The wound bled profusely. She screamed for help and her assailant bolted in the direction he had come. She was taken to the home of Mr. Graham and had been confined to bed for a week as a result of the attack. Her assailant, whom she definitely identified as accused, having seen his face in the lamplight 20ft away, had not attempted to relieve her of any of her parcels. WOMAN’S SCREAM The girl was covered in blood when Dr. Eindsay examined her at Graham’s house 15 minutes after the assault. She had a cut 1J inches in length on the side of the head extending into the skull bone. The wound could have been inflicted by a blow with a piece of piping. “I heard a woman scream,” declared Robert Graham, of Western Springs Road. lie rushed out of his house on to the road and saw the girl about a chain away. On seeing him she recognised him immediately with cry “Oh, Mr. Graham.” and partly collapsed. Some man followed me down the road and struck me on the head with an iron bar.” The girl was able to talk rationally. There was no one else in sight. Evidence of the fact that the street light in the locality where the assault occurred was sufficiently strong to show up a man’s face clearly was given by Cyril W. Brandon. A piece of galvanised iron piping 14in in length was produced by Constable McGlone, who found it at the Western Springs entrance of the Morningside reserve about 9.30 on the night of the assault. In August last he had seen O’Connor at the reserve, and leaving the ground by the same gate at which he found the weapon. Mi". Noble: Many people use that gate, and it would not be unusual if people were seen leaving the reserve by that route? —No; but under the circumstances I did take notice.

Because it was O’Connor Yes: the school children were having their vacation at the time. Detective-Sergeant Doyle interviewed the girl tile same night and obtained a rational, clear, and lucid statement from her. He saw o’Con. nor and inquired where he was on the night of the assault. “I was home that night.” replied O’Connor. “My wife went to the hospital. I knew about the assault; I read of it in the papers.” No report had then been published in the papers at that time, nor was it mentioned until O'Connor was charged in the lower court. The detective outlined the procedure at the identification parade, stating that seven men dressed in similar clothes and like build without hats were lined up with O'Connor. The girl was instructed to be certain in her identification, and she walked along the line ot men, and stood in front of O’Connor, and declared him to be her assailant. Later, in the Magistrate’s Court, accused remarked to him: “I made a mistake when I told you I was home oa the Thursday night: it was Friday, that was the night the wife went to hospital to see the boy. I went tq church on Thursday night.” The detective added that when ha first interviewed O’Connor the latter was not wearing glasses; in fact, ho had not known accused wore spectacles. prior to being lodged in gaol. He later found a light suit of clothes at accused’s home at Avondale. For the defence, Mr. Noble, addressing the jury, submitted it was a ca?e of mistaken identity. He submitted that it was impossible that the girl, having seen only the lower portion of her assailant’s face under distressing circumstances that night, could definitely identify the man at a police parade a fortnight later. Mrs. Aileen O’Connor, wife of accused, said that on the night of the assault her husband was at home looking after the children while she was in tow r n. Her husband's eyesight was weak, and he generally wore glasses at night. He generally wore a fawn suit but no hat. Mr. Meredith: Did the detectives ever ask you where O'Conner was that night, and you replied you didn’t know where he was? —No. She admitted she had been told by the police that her husband was out on Tuesday, Wednesday and Saturday night.