Girl Tells Story of Midnight Struggle

Sun (Auckland), Volume III, Issue 731, 2 August 1929, Page 11

Girl Tells Story of Midnight Struggle

TRIAL FOR ASSAULT INCIDENT AT REMUERA Exciting moments In a young woman’s desperate midnight struggle with her escort from a dance, who suddenly attacked her in the Remuera Library grounds, on March 9, were described in the Supreme Court yesterday. COLLINS, a railway employee, was on his trial before Mr. Justice Herdmau on three charges —assault, causing actual bodily harm; Indecent assault; and common assault. He pleaded not guilty, and was represented by Mr. R. A. Singer. Mr. V. R. Meredith. Crown Prosecutor, conducted the Crown case. In the habit of attending Saturday night dances in the Newmarket Hall, the young woman, who Is a domestic, aged 29, first noticed Collins at a function a week earlier. She danced with him. and throughout the evening he was her partner two or three times. They had the last dance together, during which Collins asked to escort her home. At first she was unwilling, but assented when the appeal was repeated. Travelling by tram to the Remuera P. 0., they alighted, and went into the library grounds, sitting down on the grass under a tree to talk. Five minutes later she made a move to go home. KISS BROUGHT SCREAM “I could not rise,” the gill said, “as Collins was holding me down. He tried and succeded in kissing me, and I got such a shock that I screamed.” A violent struggle ensued, Collins holding her on her back on the ground. He grasped her by the throat with one hand, to stop her screaming, and repeatedly crashed his fist on to, her right jaw and eye, she said. Finally she managed to get up and walk home, but she had lost her glasses in the struggle. Next morning she could not see out of one eye; her cheek was swollen; and her throat sore. She reported the occurrence to her mistress that day. It was not until June 5 that she was shown a number of photos, among which she identified that of her assailant. The young woman told Mr. Singer she had been in New Zealand only three years. The lirst two years she had been working at Kohimarama, 12 months of which she had been attending the Newmarket dances. Collins had told her on the way home that he worked on the railway. Mr. Singer: Who suggested this man should take you home? “I’m sure I didn’t,” retorted witness, with asperity. “Are you sure that he kissed you?” asked counsel.—l am now. “But in the lower court didn’t you say you weren’t certain?” “Yes, but—well, say he did.” “I don’t know about that. There’s many a slip between kiss and lip,” commented counsel, amidst laughter. “She looked as though she had been through a prize fight,” was Dr. J. H. Lawry’s description of the young woman’s condition. Her nervous system had been considerably disturbed, he said. The complainant’s mistress noticed on the morning of March 10 that the young woman’s face was very severely injured. She was so shaken that she could scarcely perform her duties. A complaint was made by the young woman concerning the attack upon her the previous night. A fortnight elapsed before she was able to work again. Laurence Shaw, a cook at the Auckland Hospital, testified to having seen the young woman dancing with Collins before leaving the hall that night. A sister of complainant identified Collins from a number of photos shown her by the police as the man with whom her sister had been dancing. A pair of broken glasses was picked up on the grass under a tree by Detective Allen, who said that the spot was only 33 paces from the street. He had submitted a large number of photograps to the complainant. and her sister, the former identifying accused immediately. “I accosted Collins in Wellesley Street, and told him of the charge to be preferred against him,” said the detective. Collins admitted having attended dances in the Newmarket Hall, and he might have been there on March 9. He had danced with the young woman, he said, but denied escorting her home, witness said. AT DANCE WITH WIFE For the defence, Mr. Sipger claimed that whoever committed the assault, it could not have been Collins, as he had attended the dance with his wife. The only evidence against accused was the testimony of the young woman, which was uncorroborated. Collins was put in the box for examination. He was married, with one child. He had never been charged with any offence until the present. During this year- he and his wife had always attended the Newmarket Hall dances, until March 9, when he was discharged from his employment on the railway. He was accompanied by his wife to the dance that night, and returned home with her. He admitted dancing with the young woman who had been assaulted. The Monday night following the assault, he left for Wellington, where he obtained employment, his wife following him some time later.

Under cross-examination, he said he had left for Wellington on the offchance of securing a job from an hotel proprietor with whom he had bespoken work. Mr. Meredith: Why did you leave Wellington. Did the prospects of employment diminish?—l was put off because of inquiries over this ease. Gladys Collins, accused's wife, confirmed her husband’s testimony that They had gone to and returned home from the dance together on March 9. His Honour, in summing up, suggested that the jury should confine its attention to the charge of assault causing actual bodily harm rather than the count of indecent assault. It was not contradicted that the young woman was assaulted and had been badly battered. The jury returned in 15 minutes with a verdict of guilty of assault causing bodily harm, and not guilty of indecent assault and assault. Prisoner was remanded until Wednesday for sentence.