ASSAULT CHARGE

Evening Post, Volume CXXXVII, Issue 127, 31 May 1944, Page 6

ASSAULT CHARGE

THE REILLY CASE

LOWER COURT HEARING

Walter Roy. Webster, labourer, 44, and Charles Finch, porter-barman. 24, appeared before Mr. J. L. Stout, S.M.. in the Magistrate's Court today charged with assaulting Terence Francis Reilly and also that with intent to defraud, by unlawful violence and restraint of Reilly, they compelled him to affix his name to a valuable security, a docu- j ment agreeing to transfer to his wife, Dorothy May Reilly, his half-share in a property situated at 244 Oriental Parade, Wellington, valued at £6000, in order that it might afterwards be converted into or dealt with as a %'aluable security. Mr. G. C. Kent appeared'for Webster and Mr. W. J. Stacey for Finch." Evidence was given by August James West-Walker, .barrister and solicitor, regarding the preparation of a certain document on instructions from his client, Mrs. Reilly. "This document contains an admission of adultery by Reilly and also an agreement to transfer, to his wife his share in the property situated at Oriental Parade," he said. There was no date on the document, just April, 1944. It was witnessed by B. Carr and G. Alcorn. At the foot there was written in ink, "I am signing this statement of my own free will," and it was signed by Reilly. The document was prepared in wit- . nesses' office, and was sent to Mrs. Reilly with a covering letter giving her instructions as to how witness required it to be signed. He had gone to Oriental Bay on the morning of April 27, and saw both Webster and Mrs. Reilly, but not Reilly, who, he was told, was prepared to execute the document, and wanted it prepared by Mrs. Reilly's solicitor. He was asked to witness Reilly's signature and refused. There . was nothing to lead him to believe that 1 Reilly was being held as a prisoner. t To' Mr. Stacey, witness said that the i document did not offer to transfer - property. Reilly's signature would be ■ required to a formal memorandum of transfer. Are you aware that if Reilly was - found guilty of adultery then his share - in the property would automatically - revert to his wife?— Yes. i "Then the latter part of the docu--1 ment signed by him is redundant? — r "Very much so." ' Previous to the signing of the docut ment, said witness, proceedings had j been taken against Reilly alleging adultery. J DOCTOR'S EVIDENCE. 1 Medical evidence regarding an - examination he had made of Reilly on f April 27 was given by Jack Ajzyk " Slucki, medical practitioner. I found - a bruise and swelling under the. left i eye, and a linear abrasion two inches • long running toward the middle of the i left eyebrow. They were of recent - origin." He did not find any signs r of bruising on Reilly's throat. I The next witness, Euphemia McDon- , aid, clerk, said that as a result of a - telephone conversation she had with Mrs. Reilly on October 9 last, Mrs. >■ Reilly and two men arrived at her s flat in Brougham Street. With her in . the flat was Reilly. . Mr. Stacey objected, claiming that I the evidence was irrelevant. Detective- ' Sergeant Thompson replied that it \ was relevant, and said that the adultery allegation against Reilly was a The 6 Magistrate said that the Court " was not concerned with the truth or r otherwise of any allegation in the - document; the case was whether Reilly - had been forced to sign it against his '• will. ... 3 There was no further examination - of the witness. l Terence Francis Reilly, Hansard re- . porter, gave evidence regarding the - establishment, with himself and his wife as partners, of a dressmaking \ business in Willis- Street, known as t "Madame Dawne," and the purchase of l other property, including that at ; Oriental Bay, in January 1941. A I week after signing the contract of , purchase my wife struck my name off the contract of purchase without my knowledge or permission • and purchased it in her own name, he said. "I regarded it as dishonest. and left her in September, 1941. In August, 1942 I filed an affidavit in the Supreme Court in support of a summons on my wife calling on her to show why the property should not be vested in our ~ joint names and also seeking a de- ' claration as to my interest m the busi- • ness of Madame Dawne. My wife ; did not file a defence and an order . was made vesting the property in Oriental Bay in our joint names. The ■ day before this order was made l ■ signed an agreement at my wife s rel quest in which I relinquished all my i interest in the business of Madame - Dawne, and other assets belonging to ■ b°"A°n.oiith after the agreement was 3 signed my wife told me she had got . me where she wanted me and was going to bring an action for separation and get the property back." VISIT TO FLAT. The witness then described the visit to the flat of Euphemia McDonald on October 9. "My wife and Webster and another man, named Gus Parsons," he said, "walked in and Webe ster said to my wife, 'Is this your s husband?' She said 'Yes,' and Webster k then said, "You have got your evis dence. The rest is up to your solici- '• tor.' 1 said, "This is a conspiracy and >> a frame-up, arranged by Stacey and l- you people.' Webster said something 1 to my wife about whether she would " recognise Miss McDonald again and they left." In the following weeks pressure was ■ brought to bear by his wife to transi fer the property, he continued. He - mentioned various occasions on which t he had seen Webster and the threats 3 made by the latter. At one such meet- - ing Reilly mentioned the incident at - the flat in Brougham Street, and Web- • ster replied, "Oh, I did that job for ■ Bill Stacey." I said, 'You know it was 1 a conspiracy'," continued witness, "and - he replied, 'I know it was.'" Shortly after that witness told Webster that ?. he knew Webster was keeping com- \ pany with Mrs. Reilly and that he was ' running a risk. "He said, 'Don't make ? it personal or I will have to get tough. 1 I told him I would report him to the ' police, and he said that if I did he ' would put a team of bashers on to me , and I would be beaten up." 1 On two occasions, Reilly continued, i Webster had threatened him. On April , 26 divorce papers were served on his ' wife alleging adultery with Webster. Just before midnight that same ', night, witness continued, his wife, ' Webster, and Finch came to his flat . and broke the door into his bedroom. [ "Webster and Finch," he said, "were 1 striking at me. My wife said, 'Let him ; have it.' They got me out into the passage way where I fell to the floor as a result of a blow on the face. 1 tried to get up. but the two men appeared to be on top of me, one with his arms around my throat." Reilly then said he was taken into the lounge of his flat, and the door was locked. "Webster said, 'Just in case someone has gone to the police, get me a piece of iron.' My wife went and got a hammer and firebrush. Webster said that if anyone knocked, at the door I was to say that I was all right and ask them to go away. He kept swinging the hammer at me and said, 'If you make a move I'll drop you.' He said he would stick a knife in my ribs and was prepared to do two years. He picked up a bronze paperknife, tossed it in the air several times, and said, 'How would this look in his ribs. Charlie?' Finch replied that it would • look all right. Both men continued to threaten me and indulged in shadow sparring. "1 asked Webster what they wanted of me. He said, 'We want you to sign ■ this statement in the morning. We have a team of boys around the house and we are being paid by Mrs. Reilly to get a statement from you.' He said he wanted me to drop the divorce proceedings. He said the statement had been drawn up by the solicitors and would be brought round at 9." Reilly said he tried to get out of the lounge several times, but was stopped. About 7.30 a.m. they brought his shaving gear, but he at first refused to shave. "We'll stick a knife j! in your ribs if yoci don't play the : I game.' said Webster. My wife said to i do what Webster said and there | would be no trouble. j' j "Webster said the taxi would be 1 arriving at 9 .sharp and all I would, have to do would be to sign. 'Charlie and I will be standing over you,' said 1 Webster. 'If you don't sign we will ] put a knife >in your ribs.' He then