ASSAULT CHARGE

Ashburton Guardian, Volume 59, Issue 45, 2 December 1938, Page 3

ASSAULT CHARGE

ALTERCATION AT AIR BASE.

ALLEGED USE OF A KNIFE. (Per Press Association.) AUCKLAND, December 1. An altercation involving two members of the staff associated with the Hobsonville Air Base and the wife of one was described in evidence during the-hearing c\f a charge against Noel Alexander Spring-Rice, aircraftsman, aged 35 (Mr Hubble) in the Magistrate’s Court. He pleaded not guilty to a charge of assaulting Kenneth George Apia Callingham so as to cause actual bodily harm on November 16. Bebore evidence was called, Detec-tive-Sergeant Nalder outlined the case and counsel applied to have the charge reduced to one of common assault. He submitted that the accused acted under extreme provocation, and if the case went to the Supreme Court there Avas a good prospect of the accused being acquitted by a jury. If he were convicted the penalty would not be great. Mr C. R. Orr Walker, S.M., in refusing to. alter the charge, said it was hardly his duty to do so, and one could not contemplate Avhat view a jury might take of the case. Use of Knife Alleged. Mr Nalder said Callingham had been a frequent visitor to the accused’s home and he Avas there on the night of November 16 Avhen the accused left to go on duty. The accused returned suddenly some time later and what he saw suggested that something improper had been taking place between his wile and Callingham. “He rushed at v_-al-lingham and an assault took place fii'st Avith his fist and then with a knife and a' pair of scissors,” continued Mr Nalder. Callingham Avas cut on the head, arm and hand, in addition to .suffering concussion, and he had to receive medical attention.

Callingham said that he Avas a photographer and had ltnoAvn the accused and his Avife for about two years. He Avas teaching them photography, and frequently visited their home. When the accused returned on the night in question he made a foul accusation against his wife and rushed at Avitness. In a struggle both used their fists and Avitness escaped when the door Avas opened by two neighbours who Avere investigating the cause of the disturbance. The two neighbours said they found the accused and Callingham fighting on the floor. Later the accused Avas seen with a bayonet and he told Avitness he Avould “half kill Callingham if he caught him.” HoAvever, the accused listened to reason and returned home.

Crockery Broken. Constable Pollard, of Henderson, said he Avas summoned to the Air Base at 11.30 p.m. on November 16 and saw Callingham in bedi with his clothes on. He had cuts and othei abrasions on his head and arms and the accused, Avhom Avitness saAV an hour later, Avas also knocked about. He said anybody Avould have done Avhat lie had done in the circumstances, but Avhen arrested for assault he declined to make any explanation. Witness said he found broken crockery on the kitchen floor in the accused’s home, and there were blood smears on the cupboard. He also found a knife on the floor and a pair of scissors on a chair, but there were bloodstains on neither.

Statement by the Accused. A statement made to the police next, was produced. It stated that Callingham had been in his house on his invitation, and because his wife had expressed a desire for younger companionship, was teaching her photography. A few weeks ago the accused requested that his visits should not be so frequent, as people were talking. His wife raised some objection, accusing him of mistrusting her. and to prove that this was ialse he permitted the visits to continue. “When I went back to change my uniform that night,” the accused’s statement continued', “I was surprised by what I saw as I entered the kitchenette. I lost my temper and flew at Callingham. A fight took placo and my wile tried to pull me off. My recollection of the rest of the fight is fairly hazy until it was interrupted by two neighbours. Callaghan then escaped and that was the last I saw of him.” . Counsel then asked the Court if it would consider reducing the charge, and when sin order 'Was refused he added that there was hardly any purpose in calling evidence for the defence in the meantime. It was inevitable that the accused would lose his job at the Air Bases, although normally lie was of good repute and had a good record in his work. His outburst was occasioned by extreme provocation, counsel addied, applying for suppression of the name, which was also refused. , The accused pleaded not guilty and was committed to the Supreme Court for trial. Bail was fixed at £SO and one surety of £SO.