GIRL MURDER CHARGE

Hawera Star, Volume LI, 12 August 1931, Page 9

GIRL MURDER CHARGE

BODY FOUND AT KILBIRNIE PARENTS GIVE EVIDENCE MEETING WITH ACCUSED MAN. (By Telegraph—Press Association.) WELLINGTON, Aug. 12. The preliminary hearing of evidence against George Errol Coats, labourer, aged' 29, on the charge of murdering Phyllis Avis Symons, aged 17, was commenced in the Magistrate’s Court to-day. Mr E. Page, S.M., was on the bench. Mr P. S. Iv. Macassey appeared for the Crown and Mr C. A. L. Treadwell and Mr H. J. V. James for the aicoused.

A large crowd waited for some time in rain, outside before the doors opened and the court was packed for the hearing. At the outset Mr Treadwell made an appeal against the preliminary hearing taking place in open court and against the publication of evidence given in the preliminary proceedings. His application, he said, was in the interests of a. fair trial, which he contended might be prejudiced in view of the fact that the jury, if the case were sent on to a jury, would be drawn from the general public, whose minds would already be' affected by the evidence given. Mr Treadwell said that only one side of the case was likely to be presented, as there was not likely to he much in the way of crossexamination. He contended the Act placed power in the magistratcAs hands to make the older he applied for and lie quoted authorities from England. Such an application might not have been made before in a case of this kind in New Zealand, but the time was fully ripe when a magistrate should make a declaration in regard to those ca ses.

In the event of the magistrate not being able to see his way to make the order asked, Mr Treadwell asked that,l at least, the magistrate might direct against the publication, of any evidence to which Mr James or himself might take exception as not admissible if the magistrate were' of that opinion.

Mr. Page said it had been, for many years, an invariable practice in the courts where summary justice was administered to conduct proceedings in public. If lie gave the prisoner the benefit of the application which Mr. Treadwell now asked he would find it difficult to refuse a similar application in almost, any case of moment. While he would not agree to direct against the publication of all evidence to which counsel objected as inadmissible, Mr. Page said there had been cases where evidence admitted in the lower court hail been rejected in the Supreme Court as inadmissible. He would consider counsel’s application and hear any objection he might raise and if there was doubt of the admissibility of the evidence lie would make on order.

Mr. MacAssey then notified that lie did not propose to make an opening statement, but to proceed to call evidence.

Edward Walter Dinnie, senior sergeant m charge of tlie criminal registration branch at Wellington, said he took photographs of the relief works job at Hataitai Valley on July 13. One was of an impression where it was pointed out- to him the girl’s body had lain. Witness on July 17 took further photos and certain measurements. Further photos were also taken on the morning of July 21. Witness produced all photos. John Maxwell Grant, surveyor of tlie Lands and Survey Department, said that on July 27 tie accompanied Detective Baylis from 140 Adelaide Road to a spot where the body of the girl was alleged to have been found. He took observations and measurements of various routes on the way. He produced a. plan showing the shortest routes between the two places. Tlie mother of the girl, Mary Sophie Symons was the next witness. She said she had six children of whom Phillis was the fourth. She was born on December 8, 1913. She attended various schools in Napier and Wellington, leaving school at the age of fourteen. When in the fifth standard she was rather backward in learning, but was otherwise a normally healthy girlApart from doing two week’s work last Christmas the girl had stayed at home. Witness remembered the relief works being in progress in Mortimer Terrace, and had made tea for the men on the work. Some of them visited the house to get tea. Witness met accused, Coats, about this time, her daughter introducing him to lier. At this stage witness became unwell for a. time and had to be removed from the court. When ishe returned she .said Coats was one of the relief workers. She remembered returning from the pictures one night in Opto lx) r and found Coats and her daughter, Phillis, standing on the top step of the gate. She remembered Phillis leaving home on a Sunday at the beginning of March. The girl had been a. little fussy that day, but it was really nothing. Witness was not well and would not let Phillis out that day and as the result of that difference her daughter left home.

Witness, did not know where hei daughter had gone, but shs had taken very little clothing. Clothing was produced, most of which witness identified, the proceedings being interrupted meanwhile by her again becoming hysterical. , Continuing witness identified handwriting in same letters as that of her daughter and also a snapshot. Air Treadwell objected to this evidence, but the magistrate allowed it. A letter in her daiughter’s handwriting was also identified by witness: Who said that when the girl was at 1 home she wore a bead necklace, but no rings. On the night of July 12 she recognised deceased’s body at the morgue. There was no cross examination.

George Henry Symons, motor bod\ builder, said lie received a letter about July 5 from a man named Glover. 11 w'ais In ibis dajugihter’.s 'handwriting. He made a complaint to the iroli.ee the same day. He did not see his daughter alive after she left home in March. The girl was inclined 1 to he backward and had childish wavs. Her disposition was quiet. Mr Treadwell did not cross examine. Myrtle Reno Lamb, married, a; sister of deceased, said she did not know accused. She detailed a. number of garments taken away from home by deceased and identified certain clothing produced l as having belonged to Phillis. Murray Symons, a machinist, brother of deceased, said lie had met Coats at the pictures about September of last year. Witness had been with his sister and when Coats saw them he came and sat beside them.

Cecilia Winifred Sime, single, living with her mother in Abel Smith _ Street, said that Coats was a boarder in their house from August 25, 1930, to March

4, 1931. During this period a young girl used to come to see Coats. Witness identified a snapshot of Phyllis Symons as the girl. On the day accused left their house the girl was there and assisted Coats to pack up. The girl seemed rather of a sad disposition to witness. Coats did not have a dog when he lived at witness’ house. During the last month the girl used to come to the house for Coats about every other day, and for the last fortnight about every day. To Mr. Treadwell witness said that until the day when Coats went away the girl always stayed at the front door. Mr. Treadwell : As far as you know, while you were there this girl and Coats were always on friendly terms Witness: Yes. Violet Griffin, married, residing at 75 Kent Terrace, said that accused stayed at her house for about three weeks in March. He was living with a girl witness thought to he Airs. Coats.