FEARLESS CASE.

Auckland Star, Volume LXIII, Issue 261, 3 November 1932, Page 8

FEARLESS CASE.

CHARGES DISMISSED. DEATH OF SALESMAN. "BROUGHT XT OK HIMSEI^F." WHY BLOWS WERE STRUCK. Arising out of the death of Ralph Josling Arnold, aged 40, a salesman, at the Auckland Hospital on October 18, the facts of the case were fully brought to light before Mr. F. K. Hunt, S.M., in the Police Court this morning, when Reginald Lessel Pearless, aged 47, civil engineer, was charged that, with intent to do grievous bodily harm, he did actual bodily harm to Ralph Josling Arnold. The case was dismissed, Mr. Hunt remarking in his verdict as coroner, that Arnold appeared to have brought.it on himself. Detective-Sergeant Martin prosecuted, Mr. Noel Johnson appeared for accused, and Mr. Rees and Mr. Bryee Hart represented relatives of the deceased. Dr. D. N. ~W. Murray gaye evidence that on October 20 he made a ' postmortem examination on the body of deceased. The left eye was battered and the lower lip was bruised, and there were other abrasions on the face. Death was due to hemorrhage of the brain following on a blow or fall. "Had Arnold rested after receiving, the injury, instead of spending Sunday and Monday drinking, he would probably still have been alive to-day/' said Dr. Murray, in answer to Mr. Hunt. "Drinking raised the blood pressure and started off any very slight hemorrhage that had been already present." Cross-examined by Mr. Johnson, Dr. Murray said that the hemorrhage was on the right side of the brain, and the only indication of any blow on the head was over the left eye. Appeared Asleep in Car. Reginald McKenzie Jeffrey, a traveller, of Parnell, said that Arnold and he were employed by the same company. They were going to do business together, on October 18. At about; 11 a.m. that day witness picked Arnold up at an hotel, and.they had a drink. Arnold appeared to have been drinking , previously, but he -was not drunk. He "had a black eye and a bruise on his mouth, and told witness' that he had a motor smash'on the previous afternoon. On returning from- Clevedon accused appeared to be asleep-in the car,, and witness thought he; was in a drunken stupor, as he knew Arnold, was addicted to drink- Witness later took Arnold to, the hospital, where he gave all particulare. *Thf own Front A Gar." ioniser. CScily Steward, hotel clerk, eaid that on Saturdays' October' 15,; at ' ■■ 7.50 -p.Tn., Arnold,' "who occupied , & i room 'at the- ■ hotel,- left with a. woman, who had booked in as Mrs; Pearless. 7. On Sunday,, about 8.50 a.m., Mrjfc. PearlesK left the hoteL About 6 p-mithe same day witness.eaw Arnold enter the, hotel, wiping, his face with a handkerchief. He told witness he had hurt Ms face'.on th'e gravel when he had been' thrown" from a car on the Bombay deviation. *--•■. Cross-eyamined ; l)y Mr.:. Johnson,, she eaid i that on the Saturday Arnold had been to the Avondale races and, had evidently teen drinking. On the Sunday evening Arnold did" not appear to be in any ywy .distressed. Thomas Henry,; Brett, painterj stated that he hadknqwn. Arnold for about two yearsi On. Sunday; 16/ about 11.30 a.m.; Arnold'ealled at witness' flat m ParnelL Witness saw he had been drinking and Arnold told him he had been to the races and had had nothing to eat since the previous l Friday. Arnold said he was returning to Clevedon that night. Hβ stayed at -witness , place for 15 minutes, and then left in a. taxi. He returned at 6.30 pan. the same day, Arnold had evidently been drinking and upon Ms return had a black eye, a mark on his 'chin arid blood on the lapel of his coat. Hβ told witness he had been in an accident on • the Bombay deviation. - Deceased said' lie was "fearfully tired" not laving slept since the previous Friday, and went to sleep on witness' chesterfield, not waking up till 11 p.m. .He asked witness if he could remain in the. flat that night and witness allowed Mm to do so. Arnold left at 7.30 on the following morning, and walked to town TOth witness. Accused's Statement. Detective Sergeant Martin said le ' inteiiewed Pearless at Hamilton. Accused said lie was a civil engineer, and Mβ wife, Linda Mabel Pearless, and one child lived with.Mm in an hotel at Frankton. He and his wife had been married for 24 years and lad two children. In a statement to the. police accused eaid that on October 15 Ms wife went to Auckland to attend the Avbndale races. About 4 p.m. that day he received a telegram from Ms wife saying, "Leaving to-morrow. Margaret." About 7 o'clock the same evening he got a telegram from Ms daughter Margaret as .'follows* "Do not know whether mother caught train. Went to station. Margaret. ,, Accused concluded from this that something might be amiss, as he knew that Ms wife was addicted to drink on occasions. TTia wife did not return by train that night, and later Ms daughter telephoned Mm asking if ehe had returned. He was very worried all night, and on the following day his wife telephoned Mm saying that ehe had made £60 at the races. Peerless told her that he was not worrying about what she had won, but about where she had stayed the night. She first of all said ehe would tell him later, and then said ehe had etayed at a private house. From her speech he concluded that she had lad eometMng to drink, and he found out from the telephone exchange that she was ringing from the Royal HoteL Being certain that she was drinking, he made up Ms mind to go to Auckland, and ca#ght a. service car 3 o'clock that afternoon, Sunday, October 16. On arrival at Auckland about 6 p.m., lie rang np the hotel, as he-did not wish, to take his wife unawares. He was informed that his wife was in the hotel, and about 6.15 p.m. he arrived there. He was told that his wife- was in her room, and concluded she was merely drunk. He went straight to the room. Man Unknown to Him. When I arrived at the room," continued Pearless. "Mrs. Keffly, wife of the licensee, a maid, ft porter, and a man who was strange to me, but who I now know to be Arnold, were standing outside the door of my wife's room. Before I went into the room, I was Ltold by someone outside that Arnold luu44been''hi*the rooni-wiUi.-my^wife.'?

Accused, said he then went into the room, where he found his wife fully dressed. The room was in disorder. There were two single beds in the room. Only one bed had obviously been used. There were cigarette butts about the room, and hie wife, who had obviously had liquor, .was- -.very hysterical. He tried to pacify his wife and keep her quiet. " I was afraid she might try to jump out of the window into the street, or something like that. The fact of learning that this man Arnold had been in the room with my wife annoyed me." Caught by Scruff of Neck. Accused stated that he then went out of the room again, and Arnold was there, hanging about his wife's room. He caught Arnold by the scruff of the neck and ran him along the corridor, with the object of getting rid of him. When he let Arnold go, Arnold shaped up to accused as if he were going to strike him. When he did this accused struck Arnold with his fists somewhere about the face, and told him " To get to h. out of it." He then returned to his wife's room to try to pacify and look after her. Arnold followed him back and into his wife's room. Some of the bystanders said, " You haven't given him half of what he deserves." "I then took Arnold by the scruff of the neck and ran him along the corridor again as far as the lift. Arnold then turned as if to shape \ip to me, and I hit him again with my fist, somewhere about the nose or mouth. Arnold, who had recoiled into the lift, then worked the lift himself and started to go to the ground floor." Pearless said he was then told that Arnold had some money belonging to his wife. He went downstairs to head Arnold off, but Arnold returned in the lift. Accused went upstairs to his wife"s room to find out the position in respect to the money, and on arrival there found Mrs. Reilly in the room with his wife. Arnold then returned again to his wife's room. He was quite normal and coherent and showed no signs of excitement. Mrs. Reilly had a cheque of Arnold's, which accused later learned she had had in safe keeping for his wife. Mrs. Pearless grabbed the cheque out of Mrs. Reilly's hands and said: "There is nothing wrong with this man." She then tore the cheque up in the presence of accused and Mrs. Reilly. Accused quietened his wife down and. Arnold went away. The cheque was one for £50, signed by Arnold and drawn on a local bank. On the following day accused and his wife left Auckland for Hamilton and arrived at Frankton Junction, where they resided, about mid-day. Accused said ho struck Arnold only twice and he never struck him after he got into the lift at the hotel, nor did he ever see Arnold again after. He did not know Arnold and had never seen him before. He had no idea there was any man with his wife when Jie firet went to the hotel.- .. . ■ Read of Arnold's Death. : Upon his return to Frankton, Pearlees eaid, he got his wife settled, and the same night he left for Wellington to try and get a job there in order that he could remove his wife-to eome other environment. While he was in Wellington, about midnight on Wednesday, October 19, his solicitor in Hamilton telephoned him to tell him that his wife had "attempted to commit suicide and that'she was in hospital and would be charged on Friday morning. On Thursday morning he eaw in the newspapers that a man named Arnold had died in Auckland. That was the firet he knew of Arnold's death. He arrived back in Hamilton by the Limited express on October 21, and immediately communicated with the police, both in regard to his wife and also in regard to the death of Arnold in Auckland.

At the conclusion of his statement Pearless stated that- he had no reason to suppose at any time that the blows he struck Arnold would cause his death/ • • Charges Dismissed. After, other evidence had been given Mr. Hunt, S.M., said that the charge would be dismissed. Detective-Sergeant Martin: I have an information here charging Peerless with common assault. Mr. Hunt: Well, I will dismiss that, too. Arnold brought it on himself. A.verdict was returned that the cause of death was haemorrhage of the brain, following on a blow or fall. "The injury to Arnold's head would not have been in any way serious had Arnold not been drinking for the two days prior to his death," eaid th'e magistrate.