COURT NEWS

Grey River Argus, 6 December 1938, Page 9

COURT NEWS

AN ALTERCATION. AIR BASE AFFAIR. AUCKLAND, December 2. An altercation involving two members of the staff with the Hobsonville Air Base and the wife of one was described in evidence during the hearing of a charge against Noel Alexander Spring-Rice, aircraftsman, aged 35 (Mr. Hubble) in the Magistrate’s Court. He pleaded not guilty to a charge of assaulting Kenneth George Apia Callingham so as to cause actual bodily harm on November 16.

Before evidence was called, Detec-tive-Sergeant Nalder outlined the case and counsel applied to have the charge reduced to one of common assault. He submitted that the accused acted under extreme provocation, and if the case went to the Supreme Court there was a good prospect of the accused being acquitted by a, jury. If he were convicted the penalty would not be great. Mr. C. R. Walker, S.M., in refusing to alter the charge, said it was hardly his duty to do so and one could not contemplate what view' a jury might take of the case. Mr. Nalder said Callingham had been a frequent visitor to the accused’s home and he was there on the night of November 16 when the accused left to go on duty. The accused returned suddenly some time later and what he saw suggested that something improper had been taking place between his wife and Callingham. “He rushed at Callingham and an assault took place, first with his fist and then with a knife and a pair of scissors,” continued Mr. Nalder. Callingham was cut on the head, atm and hand, in addition to suffering concussion, and he had to receive medical attention.

•Callingham said that he was a photographer and had known the accused and his wife for about two years. He was teaching them photography and frequently visited their home. When the accused returned on the night in question he made a foul accusation against his wife and rushed at witness. In a struggle, both used then fists and witness escaped when the door was opened by two neighbours who were investigating the cause of the disturbance.

The two neighbours said that they found the accused and Callingham fighting’ on the floor. Later the accused was seen with a bayonet and he told the witness he would “half kill Callingham if he caught him.” However, the accused listened to reason and returned home.

Constable Pollard, of Henderson, said he was summoned to the Air Base«at 11.30 p.m. on November 16 and saw Callingham in bed with his clothes on. He had cuts and other abrasions on his head and arms and the accused, whom witness saw an hour later, was also knocked about. He said anybody would have done what, he had done in the circumstances, but when arrested for assault, he declined to make any explanation. Witness said he found broken crockery on kitchen floor in the accused’s home, and there were blood smears on the cupboard. He also found a knife on the floor and a pair of scissors on a chain/but there 1 were bloodstains on neither. A statement accused made to the police was produced. It stated that Callingham had been in his house on his invitation, and because his wife had expressed a desire for younger companionship. Callingham was teaching her photography. A few weeks ago the accused requested that his visits should not be so frequent, as people were talking. His wife raised some objection, accusing him of mistrusting her, and to prove that this was false, he permitted the visits to continue. "When I went back to change my uniform last night,” the accused’s statement continued, "I was surprised by what I saw as I entered the kitchenette. I lost my temper and flew at ’Callingham. A fight took place and my wife tried to pull me off. My recollection of the rest of the fight is fairly hazy until it was interrupted by two neighbours. Callingham then escaped and that was the last I saw of him.” Counsel then asked the Court if it would consider reducing the charge, and when an order was refused he added that there was hardly any purpose in calling evidence for the defence in the meantime. It was inevitable that the accused would lose his job at the Air Base, although normally he was of.good repute and had a good record in his work. His outburst was occasioned by extreme provocation, counsel added, applying for suppression of the name, which was also refused. The accused pleaded not guilty and was committed to the Supreme Court for trial. Bail was fixed at £5O and one. surety of £5O.

APPEAL COURT PRIVY COUNCIL. WELLINGTON, December 2. The Court of Appeal to-day granted to Hoani Te Teuheu Tukino (chief of the Ngatituwharetoa tribe) leave to appeal to the Privy Council against the decision of the Court of Appeal in favour of the Aotea District Maori Land Board, the case having been heard by this Court on October 3. The Court fixed security for appeal at £5OO, to be dispatched within three months, and the record to be dispatched within four months.

CONFIDENCE TRICKSTER. DUNEDIN, December 5. A sequel to a confidence trick, by which Maurice O’Connor, 34, defrauded another man of £l2O, by representing that he was a racehorse owner and trainer, and that he was driving Royal Romance at the Forbury Trots, was O’Connor’s appearance in the Supreme Court for sentence on a charge of obtaining money by false pretences. Warning accused that he was qualifying to be declared an habitual criminal, Judge Kennedy sentenced him to one year and nine months’ imprisonment. INTOXICATED DRIVER. TAIHAPE, December 5. Looking sorry for himself, with his face swathed in bandages, a Maori shearer, Peter Riwai, appeared in Court this morning at Taihape, before Justices, charged with being in charge of a car while in a state of intoxication, and unlawfully convert-

ing the car to his own use. Accused pleaded guilty to both charges, . and was. sentenced to 14 days’ imprisonment on each charge. Sergeant Mcßae said the accused took the car while drunk, ran into a bank near Taihape ‘on Saturday, and was cut about the face by broken glass from the windscreen.