HAD HIS VICTIM ARRESTED

NZ Truth, 15 March 1924, Page 5

HAD HIS VICTIM ARRESTED

SYRIAN AND IRISH GIRL SEDUCTION BY MEANS OF DECEIT IS FOLLOWED UP BY LEGAL TERRORISM A Promise to Marry, A Rabbi Who Never Came, and a Night m a Ceil (From "Truth's Hamilton Rep.) The play "Within the. Law" was written to illustrate hew crime can flourish behind the letter of legal commandments. It is no new thing to use the law to commit a legal crime. But not often does a man have his woman-victim arrested for possessing the presents he gave her. In this case, his prosecution failed, and counter-action brinas her £400 damaaes.

That from pure malice he had a girl arrested and thrown into gaol and later charged before the public court at Te Kuiti with the theft of articles which he had given her as presents, for the sole purpose of terrorising her into continued submission to his will, was the declaration, m effect, of a jury of twelve at the Hamilton Supreme Court last week against a Te Kuiti storekeeper named David Corban, against whom they awarded £400 damages for the gross indignity to which he had submitted the girl, whom, by earlier inducement and lies (including a promise to marry, although he himself is a married man with five children), he had caused to live with him as his wife. Mr T. J. Fleming appeared for the girl. The story ls a most remarkable one. The injured girl, Katherlne Donoghue, of Hibernian descent, and a trained hospital nurse, is a comparatively recent arrival m this country. It Is alleged against Corban that he stole her affections, robbed her of her honor, i and then, when she discovered his duplicity ahd left him, had her thrown into prison. HE PROPOSED MARRIAGE. Miss Donoghue received her training at Guy's Hospital, London, but owing to a great disappointment m England, she visited Australia ten years ago, where, when the war broke out, she joined the Australian forces and did valiant service on the hospital ships m the waters around Gallipoli. At the close of the war, on receiving her discharge m "Aussie," she thought she would like to have a look^at Pig* Island, and came over here m January, 1921. She obtained work at her profession both m Wellington and Christchurch, and finally drifted up to Auckland, where, however, she. found private nursing more difficult to get. As her money was getting low and she did >not desire to run into debt, she took a job as relieving housemaid m the Royal Hotel. One of the girl's duties was to serve tea to guests arriving by the morning train. Corban blew In one. morning and, after the customary greeting, she asked him to have a cup of tea. This he accepted with thanks, and immediately began to evince more than an ordinary interest m the girl. He told her she was an awfully nice girl — far too good for the class of work she was doing. Being Irish, and consequently friendly and natural m her manner, she was openly grateful for the friendly interest which the man appeared to be taking m her. Corban had, m fact, evidently fallen madly m love with her dark eyes, good looks, and winning way, or else, behind all his palaver, had merely the one sinister motive of getting the girl into his clutches, for, from then onwards, he became a constant ahd frequent visitor to' the hotel, journeying up from Te Kuiti apparently for the sole purpose of seeing Miss Donoghue. On one of these occasions he asked her if she had ever thought of marriage, and she replied that, like most other girls, she supposed she had. He spun her the yarn that he was a wealthy widower with a beautiful home and a flourishing business at Te Kuiti. and finally asked her to become his wife. He promised her that he would be kind to her, give her a beautiful home, and supply her with all the money she required. Believing all the man said to be gospel, Katherlne told him Bhe would consider the matter. /The following week he paid two visits to Auckland and again pressed her to become his wife, He told her ha was desirous of making her a valuable present, and asked her to choose between a £100 ring and a fur coat. As already she had a couple of rings, she decided on the coat. A SEALSKIN COAT. Corban then took her along to Macky, Logan's warehouse, where he bought her a sealskin coat for 55 guineas. He now commenced, however, to show his cunning, for ho refused to give her the coat until she journeyed to Te Kuiti to assure hersolf, as he put it, that all he had told her of his beautiful home and flourishing business was correct. Up till this time Corban had been playing the role of wolf ln sheep's clothing, for his conduct had apparently been all that it should have been, and ho had not even attempted to embrace the girl. They discussed religion, and sho told him she was a Catholic He said he had been a Catholic, but had now embraced the Jewish religion "for obvious reasons." He told her the Rabbi would be down m Te Kultl the following week and that he would marry them, i Believing him implicitly, she consented to marry him, and a day was arranged for her to visit Te Kuiti, where he met her on arrival. He persuaded her to stay at his house that night, where they occupied separate rooms, and the following day she left for Wellington to consult another nursing sister over the matter of tho wedding. She was away a week, and on her return sho went to keep house for him until the arrival of the Rabbi. Nothing happened during the first fortnight, but one night Corban found his way Into her room, and, under his persuasion that they would soon be man and wife, she fell a victim to his lust. He told her the Rabbi would be clown the following week, and to be sure and havo a good dinner ready for him. The Rabbi, however, failed to materialise, although for two months Corban continued to put her off with excuses. She demanded that they should go to Auckland and bo married there, but he told her lt was the custom of the Jewish religion that one should be married ln one's own district, and that Te Kultl was his. He had given hor a violin which she had taken a fancy to, and which ho said had belonged to his daughter. On another occasion, when she. wanted to go for a week-end holiday, she asked him for a suitcase, :md h» procured one from hia own shop. HEARD HE WAS MARRIED. One day while she was attending tn a customer In tho shop, she heard something which opened her eyes to the man's villainy. She was told that ho was a married man with five children. Scarcely believing her own ears, she tackled Corban with his duplicity, and finally he admitted the truth of tho statement. He said his wife and family had left him, and that It waa not his fault. The girl then bogan to plan to leave him and free herself from his clutches. He apparently suspected her motive, howevor, and a few days later, when they wore out shooting together, ho remarked that he had a prcsentimont that she was going to leave him. She replied, "So your guilty conscience ia pricking you, is it?" Ho then told her that if sho ovor left him he would shoot her dead with the gun he held In hie hand

However, the following Monday morning, she packed up the few things she had, including the violin, and, taking the suit case also with her, left by train for Auckland. She left a note on his dressing table telling him that she was very unhappy, and could not remain with him any longer. She gave' him her address as the G.P.0., Auckland, where she told him he could communicate with her if he wished. On the arrival of the' train at Frankton Junction, imagine the girl's surprise when a constable approached her and told her he had a Warrant for her arrest. Thinking that the constable was joking with ber, and being a daughter of the Emerald Isle, she joKed back. When the officer Insisted on her accompanying him to the Police Station, however, she received a great shock, and wanted to know what it was all about. He told hor she had beep accused by a man named Corban, by whom she was employed, of stealing a violin, dressing case and a rug. She was escorted back to Te Kuiti by the next train and was thrown into prison, where she remained for 18 hours before she was bailed out by a well-known resident of Te Kuiti, who heard of her plight and took pity on her. She duly stood her trial before the Magistrate, who acquitted her. The Court was crowded to hear the charge, and, when "tho Magistrate gave his decision, there was cheering from the onlookers, who later, as she left the Court, lifted her shoulder high. In consequence of the great indignity she had thus suffered, she sued Corban for £600 damages at the Hamilton Suoreme Court last week.

Edward George Gifford, Clerk of the Magistrate's Court at Te Kultl, read the depositions of defendant given m the lower Court, In which he stated that the girl was only engaged by him as a servant. He detailed how he met her at the Royal Hotel ln Auckland, when he Invited her to become his housekeoper at a salary of £ 8 per week. When she said she had no clothes m which to go to Te Kuiti, he took her to Maoky, Logan's, where he askod her to choose a coat, and she selected the best In tho warehouse. He told her Te Kuiti was a nice town, with two picture shows and electric lights along the main street. Before she went to To Kuiti he told her he was a married man, but did not remember saying his wife was dead. He denied that the girl had lived with him as his wife. PLAINTIFF IN THE BOX. Plaintiff, a dark-eyed, good-looking girl of the robust type, frequently broke down during the recital of her story. She briefly referred to her training as a nurse at Guy's Hospital, London, and to her war work. She arrived m New Zealand In January, 1921, and worked successively at Christchurch and Wellington, where she earned £3 per week and her keep at her profession. About May or Juno the following year, she went to Auckland, where, however, she found it difficult to get private nursing work, and us her money was getting low and she dreaded falling into debt, she took work as a maid at the Albert and later at the Royal Hotel. One of her duties was to serve tea to the early arrivals, and Corban strolling ln one morning, she asked him to have a cup. He accepted with thanks, and began to evince an interest m her. He told her she was a nice sort of girl, and that she was too good for the work she was doing. He came up to the hotel quite a lot after that, und on one occasion he asked her what she was earning, and she told him 30s a week. Ho asked her If she ever thought of marriage, and on replying that, like most other girls, she supposed she had, he asked her If she would become his wife, telling her he was a wealthy widower with a beautiful home and a flourishing business In To Kultl. Sho thanked him for his offer, and told him sho would think lt over. Tho following week ho came up from Te Kuiti twice, and on one of these occasions said he wanted to give her a valuable present. He asked her If sho would like a diamond ring worth £100 or a coat. She preferred the coat, and that afternoon he took her along to Maoky, Logan's and bought her one costing 515 guineas. He refused to give her the coat, however, until she wont down to To Kuiti and saw for herself that what ho snld regarding hiH home and his business was correct. Finally, after further persuasion, she consented to marry him. The question of religion, however, cropped up. She told him sho was a Catholic, and he said he had formerly been a Catholic but was a converted Jew. He said the Rabbi would bo down In Te ; Kultl the following week and would morry them. Finally it was arranged ' that she should go to Te Kultl, and he met her at the station. She found all he had said about his beautiful home nnd his business to be true. and. as up till this time he had attempted no familiarity, she regarded all he had told her to be true and honorable. Sho stayed that night at his house, oc- ! copying a separate room, and next day she went down to Wellington to consult a friend of hers, who was also a nursing sister, as to hor proposed marriage. CORBAN'S ORJF.CT ATTAINED. ! She returned a week later and kept 1 house for Corban for a fortnight, on j the understanding that the Rabbi was i

coming any day. On one occasion, he told her the Rabbi would be there m a few days and to be sure and have a good dinner ready for him. One night Corban found his way into her room, ..i under his persuasion and his promises, she yielded to his solicitations. Here plaintiff broke into violent sobbing, remarking that she had probably been very foolish, but she was led away by his promises, and thought all he had told her to be true. From that time onwards for two months she lived with Corban as his wife, and took his name. She was always asking when the Rabbi was coming, but was always put off with some excuse. Finally she demanded to be taken to Auckland, where she said the Rabbi could marry them, but defendant told her it was a custom of the Jewish faith to be married m one's own district, and that Te Kuiti was his. Plaintiff gave evidence m detail as to being told that Corban was married (after which she excluded him from her room!) and as to the gun incident and her arrest. Here plaintiff again broke down. She. said that whilst m the cell she heard defendant's voice outside, asking to see her, but she refused^ to have anything moro to do with him. After she was bailed out he rang her up three times at the boardinghouse, but she still refused to see him. Plaintiff went on to> relate the result of the Court proceedings against her for theft, and stated that defendant gave her the violin because one evening she admired it. With reference to the bag, he got her this from the shop on one occasion when she was going for a short holiday, and as he did not ask for it back, she assumed that he had made her a present of it. The rug which he had charged her with stealing was found not to be his at all. As a result of her arrest and the subsequent Court proceedings, she had suffered considerably m her profession. Plaintiff was closely examined as to the length of her stay m New Zealand, and as to the money she had earned. Mr. Singer, for defendant, tried to show that plaintiff was hard up when she took up duties m the hotel, and he asked her what she had done with all the money she had earned as a nurse. Plaintiff retorted that she was Irish and not a Jew, a sally which caused considerable laughter m Court. In further cross-examination, she admitted that she had received money from defendant to redeem her two rings from pawn m Sydney, Corban had also bought her a dress. She got a number of small articles from the shop, for which he asked 1 her to sign. By this time she was known to the neighborhood as Mrs Corban, although he wanted her to sign the book as Miss Donoghue. She did not understand his reason for this, and asked him. He finally consented to her signing as Mrs. Corban. Confronted with a letter which she wrote to Corban j from Wellington, m which she stated that sho would be unable to return for a week, as her sister was ill, witness admitted that this was not the truth. In the letter she addressed defendant as "My dear Davey," inquired as to his welfare, and closed It With her love, signing herself "Katie." Answering Mr. Singer further, plaintiff said she saw no wrong m being married by a Jewish Rabbi. Defendant said he had been a Catholic, and she thought she might win him back to the faith again, when they could be remarried. DEFENDANT"* NOT PUT IN THE BOX. Mr. Singer said he did not propose to call any evidence for the defence; and defendant, a short, dark-skinned, gray-haired man, obviously considerably plaintiff's senior In iage, and believed to be a Syrian, was not, therefore, put into the box. In addressing the jury, Mr. Fleming said defendant had deliberately shirked going into the box because he was too cowardly to place . himself on the rack of cross-examination as the girl had voluntarily done. This man, who from the first was a wolf In sheep's clothing, had, on getting the girl Into his clutches, showed his naked fangs, and when she saw through his villainy and tried to break away from him, he had deliberately and maliciously set the law In motion against her, and, without any just cause, had her arrested on a public station platform and taken back to Te Kultl under police escort, where she was flung Into a polloe cell like a common criminal. Here she remained fretting her heart out all through a long night, and was only released on ball after spending 18 hours m the cold, cheerless cell, with a grave but unjustifiable charge hanging over her head. What was defendant's motive ln later going to the Police Station and asking to see plaintiff and m later ringing her up at the boardinghouse? It was undoubtedly for tho purpose of trying to induce her to go back to him, when, no doubt, he would have withdrawn the charge against her. As a result of this malicious prosecution the girl had suffered considerable Injury. His Honor said plaintiff stood innocent of tho charge before tho world, for she had been acquitted of lt by the Magistrate. Mr. Singer said the whole case rested on the question of credibility. The girl's story of a promise of marriage was outrageously and uttei'ly unbelievable. She stated that defendant told her he was a Catholic, but had turned Jew "for obvious reasons," and she consented to being married by a Jewish Rabbi, although Bhe herself was a member of one of the noblest yet strictest religions ln the world, In the hope of winning him back to Catholicism later. This story, counsel described as one of the most preposterous he had ever heard. SUMMING UP AND DAMAGES. His Honor summed up strongly m plaintiff's favor. It was undoubted, on defendant's own admission In the lower Court, that he took an unusual interest m the girl, and that he bought her a 50-guinea fur coat. This, one would assume, was a preliminary to a relationship closer than that of an employer to his servant. , Tho letter which Mr. Singer had read from tho girl to defendant threw light on the nature of their relatlonshlD at that time. Could the jury believe that defendant would tell an ordinary servant all about his family affairs as he had done; that he would buy her a 50-guinea coat as ho had admitted doing; that he would allow hor to sign the namo "Corban" ln the book, and would tolerate her addressing him as "my dear Davie" If she was moroly a servant. Stripped of all sentiment, the girl was. according to her story, lured by the offer of a good home, plenty of money, and a fur coat Into living with defendant as his wife. If the Jury believed this, and understanding tho relationship of the parlies, believed also that ho would have given her a violin if she she had admired it and a suitcase had she asked for one, then defendant could have had no possible lustlflcatlon for haying her arrested. It was a gross indignity for a woman to be so jirres'od nnd put m the lockup, and then of havintr fo face an unlufitlficabic charge of theft m the Police Court. If thn jury were satisfied that defendant acted maliciously, then th«v would bo justified In awarding substnntlnl damages. After a short retirement tho jury returned a verdict for plaintiff, awarding hfr £400 general and £v lOs special damncroß. As nlnlntlff Wt the Court a nurnhnr of returned soldiers, who had gathered tn h*»ar tho case, presented her with a bunch of flowers.