MAN WITH IRON PIPE

Evening Post, Volume CXVI, Issue 114, 10 November 1933, Page 9

MAN WITH IRON PIPE

VISIT TO GIEL FKIEND

EARLY MORNING INCIDENT

CHARGE DISMISSED

His attention being attracted by a man who was bending an iron pipe iv Willis Street in the early hours of the morning, a police constable followed the man into an adjacent right-of-way and found him standing on a windowsill and peering into the window of a room in an apartment-house. The explanation that the piping was for selfdefenceand that he was going to visit a girl friend who lived in the houso was offored by the man,' Thomas Eugene Stratton, conductor of an orchestra, in the Magistrate's Court today when he was charged with being a rogue and a vagabond in that he was armed with an offensive' weapon with a felonious intent. "■ ■ ... FIGURE AT THE WINDOW. James G. Heron, the proprietor of the apartment-house, said that a right-of-way was between his house and the V.M.C.A.- building. At about 1 a.m. on October: 23 he was awakened by someone walking up tho alleyway. He put his head out the window and ordered the man away. The man went, but later witness heard another noise. and saw a man standing at the window. His wife rang for the police. To Mr. Perry, the witness admitted that a certain young woman was living in his house. Her room was'next door but one to his, on. the ground floor facing the alleyway. His wife had teld the girl not to give ' evidence in this case. " ■~''■ WHAT A CONSTABLE SAW. Constable S. Ankins described tho movements of a man whom he first saw just after 1 a.m. on October 23 bending a piece of- pipe in Willis street, near the V.M.C.A. The man frequently looked around' him, and the constable observed him from the shadow on the other side of the road. Tho man went up the right-of-way adjadent to tho V.M.C.A. building, and the witness, after waiting two or three minutes expecting him to come but, followed him. The witness flashed his torch, and saw. the defendant standing on a; windowsill, about 2ft 6in off the ground, peering into a window. The man ran round ■to the back of the Jjouse, and when witness caught him there, he explained that he entered the alleyway for the' purpose of using a 'convenience, and while he, was there someone called to him to get out, so he went up.the road, found the piece of piping,,and returned with it. The defendant was quito sober, though' he. smelt of liquor. The iron pipe was by, the window. The-de-fendant made no explanation about a girl at that time, , :, COUNSEL'S "AWKWARD POSITION." Mr. Perry said that .the defendant had an arrangement to see a girl that night. Ho wettt to the house at about. 1 a.m., walked up the; right-of-way,. and then heard voices. Scenting trouble, he* decided he would provide means of self-defence, so he went up the street and obtained the bar. Ho returned to the. right-of-way and knocked at the girl's window. He did not have the bar: with any felonious intent, and it was rather significant that ho did not attempt to use it when the constable approached. ..Counsel paid that, he was; in, an awkward position regarding a witness. The .girl, in question had come to his office, given a statement, ;and said that slie^ would givo evidence./, Tins ' morning just before tho case started, he Avas informed that the girl would not come. She had been told fey her, landlady that she must 3iot or ought not go, and Heron admitted that his wife had told the girl not to give evidence.' THE DEFENDANT'SI STORY. The defendant, Stratton, admitted having been in ttie: right-of-way at' about 1.10 a.m. on October 23. On the previous night he: had met a lady friend in' a Willis Street restaurant, and she had asked him to visit her./ He was not able to .do so then^ as he was working with his orchestra between 8 o'clock and midnight. At midnight he. finished work, and went with two men to a flat in Oriental Bay, where 'they had "a few littlo spots." At.-about 1 a.m; he left the flat and went in a taxi to the Y.M.O.A. building. He was walking up the lane to sec the girl when ho heard someone say "Got out," or words to that effect. He' went a little way up Willis Street and saw a^n iron pipe inside a gateway. He bent it and returned to the right-of-way with it. as a means of selfdefence in case anyone attacked him. He'walked to the girl's room and saw: what he thought was'a light in it. Ho; put tho bar down by the window and looked in, .trying to see whether she; was in bed or not." He was just going to her door, which .opened on to the right-of-way, when he saw a man approaching, so ho ran to the back of the house. ■■ He then realised' it- was a constable. The constable said he might get into a row and advised him to "nick off while his luck was in," so he "nicked off," arriving home at 1.29 a,m.' ' ■'■'■-' ■■'■:■: ■,'•.■',■. To Senior-Sergeant Dempsey the defendant said that on; a previous occasion" he had been' with the girl in her room betweenll.so p.m. and about 1.30 a.m; He did- not know her sur-' name. ■. ■ ■ '*■ ' ' ' ': I "I,think it is clear that he was found .armed with an offensive weapon, but it has not been established beyond doubt that he had it with a felonious intent, and .therefore I propose to dismiss the charge," said Mr. E. Page, 8.M., after tearing evidence on both sides. '■'■.'.'. ' * • .' Stratton, who pleaded not guilty, was represented by Mr. W. Perry. Senior-Sergeant Dempsey conducted tho prosecution.