ASSAULT ALLEGED.

Auckland Star, Volume LXIX, Issue 285, 2 December 1938, Page 16

ASSAULT ALLEGED.

AT AIR BASE.

CORPORAL FOR TRIAL

ON BODILY "HARM CHARGE.

Corporal Xoel Alexander Spring-Rice

(•!■>), an hircraftstitan, appeared in the 'lock in the Police Court yesterday :i ft crinkiii on a charge of assaulting Kenneth ('a llinglm in, so an to cause him actual l>o<|ilv harm.

V. X. Hubble represented th n

Detective-Sergeant Xalder. who prosecuted. outlined the circumstances of an incident that occurred at the Hobson\ille Air Base on November 111.

"Accused resides (lie Air Rase with liis wife." said Mr. Nalder. "Callingli.iiii is also a menilier of the Air Foive and resides al Holisonville. Accused, on No\cinl>er Iti. left home to go on duty, leaving ( allinghnm at home with his (accused's) wife. Spring-Rice returned suddenly and saw his wife and Callinglin in ill all altitude that he thought wis improper. Ilis wife's blouse was disai i ingcd. Spring I'ice rushed at Calliiigliain ami assaulted him. it will I* alleged, lir»t using his lists, then n Unifc and a pair of scissors.''

Oct edive Sergeant Nalder added that Cii Ilingliain ~u«ta ined a lacerated wound in the left upper arm. cuts oil the arm and on t lit' ci own of tile head. nmall abrasion* on I lie left hand, and concussion. While the assault wax occurring two others employed at the Air Baxe entered the house ami saw the struggle taking place. Accused had a knife, (allingiiam ran out when the two men i nlered. and later accused followed with a. bayonet, but he listened to reason and returned home. "An Outburst."

Before evidence had been railed mi ii pplicntion was made by Mr. Hubble that the charge might be reducetl tn one of common aissault, for he considered that there wan a genuine defence of provocation, and that no jury would convict on the charge. "Accused went almost mad for a moment or two when he returned home," said counsel. "He really had no intent to do Callingham any harm, and did not take the knife or sci*«or»» with him. They happened to he in the house. He i* now reconciled with hid wife, and he is quite satisfied that nothing took place to disturb the happine«« of his home. He has two young children, and if this case is sent to the 1 Supreme Court he may' lose him position in 'the Air Force. He i« a young man of good repute and record. This wa# really an outburst occasioned by what he- saw at the particular .moment, I feel that no jury would convict. him and-!that it would be a wa*te of time and money sending him for trial on the indictable charge."

The magistrate said that only in cane* where the circumstance* were trivial were.*uch charges reduced to common assault. "I fear that however much I might like to allow the charge to be reduced, 1 am not justiAed in accepting A plea of guilty to a charge of common a««ault." said Mr. Orr Walker. "T cannot contemplate what a jury might do. If a prima facie case is made oirt I will have to send him for trial, but if it is not. then he will not go to trial."

The hearing of evidence wa« tfyen proceeded with.

Dr. Garfield Stewart described C'allingham's injuries. The wounds were slight and not of a serious nature.

Victim's Story.

Victim of the alleged assault, Kenneth Oeorge Apia Callingham, who, like the accused, wore the uniform of the New Zealand Royal Air Force, said he was a photographer and a single man aged 24. He had known accused and his wife for about two years and visited their home frequently. He had been teaching accused and his wife photography. "She was more interested in photography than her husband," said Callingham. "When printing anil developing I used the kitchen as a dark roont. On November 16, with accused's permission. I came to Auckland with Mrs. Spring-Rice and her two children in my car. I have done this on previous occasions with accused's permission."

Witness said they returned to the Air | Base, at "i,l( that evening and he had tea with the Spring-Rice's, jand afterwards went to barracks, but returned to accused's home alxtut 7 o'clock. It had been arranged that witness was to do some printing that evening. He arranged i the kitchen as a dark room by covering I the windows. Mrs. Spring-Rice and he [commenced printing and developing, the accused being in another part of the house reading. "Accused came into the kitchen about ft o'clock ami said he was going over to the barracks. I offered him my car. but I don't know whether he took it. He had to go on duty that night. The |>arade was at 10 p.m.. and he had other duties to do before that. I heard the accused return by the front door after he had been away for a short time. He returned sooner than he was expected. He .came through to the kitchen , ariA made a foul accusation against his wife. He rushed at me. I don't remember much more. He said things that don't bear repeating. I don't remember how things worked out. There was a fight between accused and me. and in the' struggle I received injuries. I have no idea what caused the fight and the assault. I had given him no provocation. Sergeant V. R. Lawn and Sergeant R. U. Kinsett gave evidence of seeing the struggle between the two men in accused's house.

In answer to Mr. Hubble, Sergeant f,a wti said Sprlng-Rlce was in a bad way and was very npset. He was knocked al»out. Witness had known licensed for several years. That night he was not his nqrmal self. Something seemed to have upset him considerably. ('unstable Pollard, of Henderson, said In- arrived at the Air Base at 11.30 on I lie night, of November 1H aryi saw t'iiUinghaui, who was in bed with hia clothes on. Me hail a cut on his left upper arin and other injuries. When witness saw Spring Rice at 12.30 a.m. licensed said that nnyltody would have done the same as he did in the circumstances. When told that he would be placed under arrest, accused said he would not say any more. "In the kitchen nf accused's house I saw some broken crockery." Constable Pollard siiill " | here were blood smears on (lie front of the cupboard below the sink. A lient. bread knife was on the floor and a pair of scissors on a chair There were no signs of blood on either." Accused's Version.

The constable produced a voluntary statement which accused made to Detective 11. ( . Murch. In this accused said Callingham had been at his house at his invitation. "That was because my wife has expressed, a desire for younger companionship and' with the idea of having a' hobby for herself—photography which Callingham was teaching her." accused continued.

"A few weeks ago I expressed to my wife the desire that his visits should not be so frequent as people were talk-

ing. She raised some objection to this and accused me of mistrusting her. I denied that and I let the visits carry on to prove that I did trust her. Yesterday at p.m. I returned to my house unexpectedly to change my uniform. As I entered the kitchen my wife was leaning over the bench with her back towards me. Callingham was leaning back on the bench with his face toumrds me. The atmosphere seemed slightly strained."

. Describing in detail what he saw, accused continued: '"1 looked at my wife and saw that the back of her blouse was out of her skirt, exposing her slip. I caught her by the right shoulder and swung her around facing me. 1 then lost my temper and a tight took place. My wife endeavoured to pull me away. The .fight was interrupted by two neighbours. ( 'allingiiam then escaped through the door and this was the last L saw of him." This concluded the evidence. "Great Provocation." Mr. Hubble said tine magistrate had an indication what the defence would be and inquired from Mr. Orr Walker whether there was any possibility of his altering his decision to send accused for trial. "My client, had great provo-cation-such provocation that would deprive him of the ordinary power of self-control."

The magistrate said that he thought the case should go for trial. Accused then pleaded not guilty and was committed to the Supreme Court for trial. I tail was allowed ill a surety of £">().