CONSTITUTION HILL AFFAIR.

Auckland Star, Volume XLI, Issue 133, 7 June 1910, Page 7

CONSTITUTION HILL AFFAIR.

A BRUTAL ASSAULT. McMASTERS COMMITTED FOR TRIAL The brutal asaault to which a respect-, able married woman was subjected on her way home, via Constitutional Hillj on the evening of the :27th May last, •formed the subject of magisterial inquiry in the Police Court yesterday afternoon. Alexander MeMasters, a tall stalwart young man of about 25 years of age, wa3 charged with having assaulted a woman ■with intent to commit a crime, and further, -with having committed nipe. vUr E. C. Cutten, S.M., presided on the bench; Chief Detective ilarsack conducted the prosecution, and Mr li. P. Towle, of Mr J. R. Reed's office, appeared for the defendant.

Mr Majsack asked permission to withdraw the minor charge of assault with intent, and it was withdrawn accordingly. At his suggestion the Magistrate directed also that no evidence relating to the criminal act be published. The story as told by the principal witness was practically the same a-s that already published, except that it is now alleged that the full offence waa committed. The woman said that her assailant treated her brutally and violently, threatened to kill her if he did not succeed in his fell purpose, and knocked her about and bruised her severely, inflicting injuries from ■which she felt considerable discomfort and even pain for some days. She stated also that accused MeMasters was the man who stopped and assaulted her. Her story to the Court left no gap in the sequence of events from the time that a man assaulted her until accused, who. •she said, was the same man, was arrested. The man was never really out of hex company until assistance arrived. Under cover of assisting the man to look for his hat, which he had lost in the struggle, she attempted to get away, but he followed her out to the path from the place to which he had dragged her, and that there she found a young girl who stayed with her until a man arrived some moments later. She did not help him to look for his hat of hex own free will, but under cruel threats of more violence. She at once recognised accused as her as-sa.il.int when he was brought the same evening to the house where she had taken refuge. There were upon him marks and scratches which she had inflicted upon him in the struggle. She had had ample opportunity of observing what hex antagonist was like, and she was sure that McMasters was the man.

Dr. Parkes gave evidence a-s to the condition in which he found the woman on the evening on •vrhich she was assaulted. That condition was in his opinion consistent with the story she h?.d told the Court.

Henry Martin, librarian of the Supreme Court, said that on the evening of the 27th May, at the time on which the offen-ce was alleged to have been committed, he heard screams as from a woman apparently distressed. The screams came from a place at the top of Constitutional Hill. He listened for another scream, but none came, and he concluded that probably the affray was a trivial thing, and went his way home up Symonds street.

Henry Stichbury said that coming up the hill on the evening of the 27th May, he came upon accused aiiii the woman witness. Tie woman said to him "Identify that man; I've been assaulted." When the woman appealed to him accused went away. Witness followed him and asked him "What's the game?" He replied "I've been robbed." He remained with accused until a man named Walsh arrived, and the two stayed with him nutfl the police arrived. Accused wa.s drunk at tie time, and he was wearing no hat.

Samuel Walsh corroborated the evidence of the last witness, and told how the police were sent for.

Robert Hay related how the woman came to his house after the assault. Subsequently she identified the accused as the man who had ill-used her. Accused then said "You're made a mistake. I'm not the man." Accused was certainly not sober.

Constable Crawford gave eridence as to the arrest of the accused by himself and Constable Thornhill. They found accused at Constitution Hill in the custody of witnesses Stichbury and Walsh. Accused at first said that he know nothing of the assault, but at the station became more talkative. He said, "Well, I wouldn't have spoke to the woman if she hadn't spoke to mc first. She said to mc "Hallo, Jack, old pal. how are you?" The — wanted money off mc. I told her I had no money." The name of a medical pra-ctition-er was mentioned when they were discussing the advisability of bavins the woman examined, and accused said "If Dr. examines that woman he'll find mo guilty all right." Accused's clothe? were disarranged and mud stained, his face and one ear was scratched, and entwined in his watch chain was found a long black hair, exactly similar in eoloirr and quality to the hair of the woman assaulted.

Accused reserved his defence, pleaded "Not Guilty." and was committed to the Supreme Court for trial.

When aeked to consider the matter of bail his Worship said "It is quentionable, it spems to m<*. on this evidence, whether the man should be let loose upon the community until the time of the trial." Eventually he decided to consider the matter and to give his decision the following morning.

This morning, when his Worship should have been asked to consider the question of bail, Prisoner's counsel did not appear. Mr. Marsack stated, on his behalf, that he did not wish to pursue the application farther at present. If, at any time in future, Mr. Towle could obtain securities sufficiently substantial, he would then make his application. Prisoner therefore went back to gaol.