THREE CHARGED WITH ASSAULT

Press, Volume LXXXIX, Issue 26968, 18 February 1953, Page 8

THREE CHARGED WITH ASSAULT

BROTHERS AND SISTER ON TRIAL

EVIDENCE OF PRINCIPAL WITNESS

(New Zealand Press Association) HAMILTON, February 17. The principal witness, Kenneth Weeber, was still giving evidence when a case in the Supreme Court in which two brothers and their sister are facing charges of assault against Weeber was adjourned until tomorrow. The accused are Thomas Melling, aged 40, an insurance agent, Joseph Melling, aged 45, an insurance agent, and Margaret Townsend, aged 43, married. Thomas Melling is charged by himself with common assault and with indecently assaulting a male. Margaret Townsend is charged by herself with abetting an indecent assault on a male. The two men are charged jointly with common assault, with assault causing actual bodily harm, and with indecently assaulting a male. The three accused are jointly charged with common assault (two charges), with assault causing actual bodily harm (three charges), and that, with intent to do grievous bodily harm, they did actual bodily harm.

Mr K. L. Sandford is prosecuting. The two men are represented by Mr N. S. Johnson and Mrs Townsend by Mr A. L. Hansail.

The case is being heard by Mr Justice Adams and a jury.

In evidence, Kenneth Stratton Weeber, a carpenter, of Auckland, said that on October 8 he was living at Putaruru. He had known Thomas Melling for 18 months or two years. About 7 p.m. Townsend called at the hostel where the witness was staying. She said the witness’s mother wanted to see him. She said the witness’s mother was in the car outside. The witness said he went out to the car. Joseph Melling was in the driving seat. The witness's mother was not there, and Townsend said she was with friends up the road. Weeber said he got in the front seat of the- car. In Mackenzie street the ear stopped and Thom’as Melling rushed from the side of the road. The witness got out of the car, and Thomas Melling struck him on the throat. The witness was winded, and the two male accused put him in the front sea + of the car. A rope was placed round his neck, and Thomas Melling got into the batk seat, holding the rope.

Alleged Demands for Statement The car was-then driven along Mackenzie street. Thomas Melling said they would extract a statement from Weeber concerning misconduct with Thomas Melling’s wife. The witness wrenched the wheel of the vehicle in an effort to make it collide with an approaching vehicle, but, he was pulled back byJThomas Melling with the rope, and he was blindfolded. Townsend passed a book and paper over from the back seat, and the witness was given a pen by Thomas Melling, who implied that he woyld dictate a statement. The witness called to a passing car for help, but was not heard. He was then pulled back over the front seat again, and a gag was fcreed into his mouth. He was again blindfolded, and the car set off again. Thomas Melling said the statement would be extracted forcibly. e The witness’s trouser buttons were ripped open by Thomas Melling. Melling interfered with Weeber, and made certain remarks. When the car stopped again the witness was taken out of the car. The tope wfis still around his neck, and the gag -and blindfold 'were still in place. He heard Townsend say: “Here are your boxing gloves.” When Thomas Melling had the boxing gloves on, the witness was draggea and pushed into the headlights. Thomas Melling said: ‘‘Put up your hands and fight.” At this stage the witness was gagged and had the rope round his neck. The blindfold had, been removed. Thomas Melling then struck the witness with the boxing gloves. The witness was dazed from the first blow, and was knocked down several times, and Thomas Melling pummelled him while he was on the ground.

Alleged Events at Clubhouse The witness was then put in the back seat of the car by the male accused. He was again asked to sign a statement, and again refused. A new gag was placed in his mouth by Thomas Melling, his arms were secured behind his back, and a rope was placed round his knees. The car stopped again behind the Cambridge Golf Club’s clubhouse. The witness was trussed so that he could move his legs only from the knees down. Outside the clubhouse Thomas Melling kicked the witness’s legs from under him, removed the rope from round the witness’s knees, and took down his trousers and underpants. Thomas Melling asked the other male accused t 0 siphon petrol out of the car for use as a disinfectant. Thomas Melling poured the petrol over the witness’s body, and drew what felt like an instrument across the witness’s skin. He said to Joseph Melling: ‘‘This is too blunt. Get me a razor blade from, the car.” When Joseph Melling returned the witness said he would sign the statement. Weeber identified a document which he said he had written at Melling’s dictation.

The witness said that they then went to Huntly. Thomas Melling told the. witness to tell his mother he had been in an accident. The witness’s mother had a bad turn when she saw him; and his sister Joan was sent for. Thomas Melling demanded that the witness spend the night with him at a friend’s home in Hamilton. The witness, his mother, and sister entered a cai; driven by Thomas Melling. The witness’s sister was dropped where she was staying. The witness and his mother later got out of the car. Thomas Melling atgued with them, but they refused to get into the car. Melling went away, and the witness rang a doctor. It was then between 1 a.m. and 2 a.m.

The witness described his injuries to the Court and said he was away from work for a week.

The Court then adjourned until tomorrow.