GIRL’S STORY DENIED

Hawera Star, Volume LI, 25 May 1932, Page 9

GIRL’S STORY DENIED

EVIDENCE IN ROBERTS CASE CONCLUSION OF HEARING ACCUSED’S VERSION GIVEN. JURY’S VERDICT AWAITED. (By Telegraph—Special to “The Star-”) NEW PLYMOUTH, May 25. The hearing of the charges against George Roberts, carrier of Hawera, of attempted ra'pe and assault with in tent to commit rape, also of indecent assault, was concluded in the New Plymouth Supreme Court to-day. the jury retired at 12.1-5 and had not returned when the “Star”’ went to press at 3.30 p.m.

■ When the hearing was resumed this morning accused entered the witness box to o-ive evidence on his own behalf. He stated that he first met the girl about two years ago at Morrissey s mart. He said he had been on very intimate terms with her during that time and lie gave particulars of occasions oi intimacy with. her and stated that about the end of March he made arrangements for the girl to come down to her cousin’s place next to his own It was agreed that when she came he was to go over there to assist her to lock the door. This was done and the girl returned with him to his house. She went straight into the bedroom and took off some of her clothing. He went_to the bathroom and donned his dressing gown and they, then, went to the sitting room, where she had a smoke while he put on some gramophone records. Intimacy took place and he told hey if she became pregnant he would stand by her. This did not seem to satisfy her and she wanted money, but lie assured her he would stand by her and that she need Have no worry. They had another drink and a smoke ami further intimacy took place. Ihe gni then rang up a friend and made an appointment for that evening, saying she was speaking from another friend s place in Glover Road He made arrangements for the girl to come again a week later on April 10.

FATHER VISITS HOUSE

On the latter date, when he was expecting the girl, her father appeared much to witness’ surpise. He wanted , to purchase a fire iron and witness 1 sold him one very cheaply to get riel of him quickly. He seemed in no hurry to go and talked about his own lack of work and about his daughter having been out of work for nine months. She did not come to see him on that day. 1 On the day following (Monday) he went to her house and told mothei he could give her some work that day taking an inventory of stock at a simp where she had previously worked. He took the girl to the shop a little latei . and they worked, there through Lie . day the girl bringing him some junch • when she came hack from her lunch The work was. completed about torn , o’clock. He then went out to transact some business and on returning he asked the girl to go house and get his great coat and slippers, j He paid for a taxi for her for tins trfp She asked him if she should , come hack that evening, .but he -eMied: “No; there is no privacy here. There was no work for ber to do A nio-ht as the job was finished. ln< girl then said that if witness would make arrangements wjth her mother for her to he out till 11 the next, nio-ht she would come round to his n -tee next day, as she had an appointment for the' evening. He agreed to k this and he made arrangements, with the girl’s mother,. ’When aslied | where the® oh was that her daughter was te do he said, it was a job, sinnlai to that which they had done the l>te vious day, but he could not tell h« where it was. SECOND 1 VISIT TO lOME. Roberts then detailed the trip from the girl’s home to his place, as stated by the girl, who went m by the back f entrance While he entered from the front On this occasion the girl went into the bedroom and partially undressed. The same process was followed „„ on che previous occasion, the mt - inacy taking place within half - hour of arrival at the house. Ihe giL tnen raised the question of fnbnre possibib ities and he again assured her that JhfnSd not wSrry, to her She answered: Oh, 1 sup pose you’ll be like the rest and leave a woman to it.” He said he would not do such a thing, but «he was not f satisfied and wanted m ouey. He letnsed her money and assured her that it .she had *. hoy it would take his » but if it was a gnd and she did not , want it he would take it from her and adopt it. She said she did not want 1 to have any children ais she had enough pram pushing as, it was. She suggos - ed ail illegal operation but li© said n© would not agree to any, girl being “butchered.” She still asked tor money and said if an operation as clone on terms it cost 10 guineas and if not successful a further operation would 1 cost £SO. He then said she could have £2O on going into the nursing home ! an( l £3Q on ooming out and the baby l taken away from her. OFFER OF MONEY. I She became more defiant and so to ( pacify her he offered to give her the I money if she could change a £IOO note. I She said she had never seen such a I note and he let her have a look at it j She remarked: ‘,‘oh, just the price of J a fm- coat and an operation.’ He then * took the note away from her and she “cut up rough” and said that if he did not give it to her she “had it on him.” She said that a woman’s word would he taken in court before a man *s and that she could have him for rape. He realised where, he stood and said. “So you would blackmail me.” He further stated that rather than be. subject to blackmail! he would shoot anybody. He then gave her her clothes and ordered her out of the place. The accused denied the story of the girl a,s to tlio struggle in the bedroom cl said it was a, fabrication. He was never in the bedroom with the girl and the struggle was a. mental one with her because she did not get any money. J The witness then detailed the con--1 j versation over the phone with the girl’s father, who said witness would have to I pay for this. He told witness that if ‘ j the matter went to court it would cost ,jhim more than £IOO.

He refused to be blackmailed and told the man to set his daughter examined by a doctor and then go to the police. He told the father that bis price was just £IOO too much. He then rang off. The next he heard was when he was arrested six days later. He denied ever offering the girl a trip to Australia, and the only mention of Australia was made by the girl herself some weeks previously, when she

said she would like a trip to see the Sydney Bridge. 'Dealing with the £IOO note accused said that he cashed a Government cheque for £l5O in the course of negotiations for making a reduction of bis bank overdraft, which stood at about £275, and the bankers wanted the lot. Something was done in regard to, the sale of some sections, but this did not eventuate and that explained his having the note still in liis possession at the time. Referring to the revolver, lie said he brought it from France. It was registered and lie kept it under his pillow, fully loaded. In. November Constable Lennn had seen it in the course of liis inspection. His Honour: Why do you keep it fully loaded under your pillow? Witness: In case or emergency; an empty revolver would be no good if a man was surprised. I sometimes have as much as £3O or £4O in the liouse at a time. lu conclusion the witness explained the scratches on his head and neck.

CROSS-EXAMINATION

Gross-examined, he said intercourse with the girl had taken place first about two months after he first met her. It was at Morrissey’s sample rooms. Counsel: How often would it take place ? Witness: Oh, I don’t know. Don’t these, things mean anything to you?—Not much. Do you have relations of this kind with, other girls? Accused:. Must I answer that?

His Honour: Oh, I think, so. Are you asking- the jury to believe that you have had relations with this girl and with other girls and you can’t -ay how many times ? Would it be six or twenty times ? Accused: Not with other girls; with women. His Honour: You have a kind 01 harem ? Accused: No; but I don’t keep a diary of these matters. The Grown Prosecutor: Are you married ?

Accused: No. Mrs. Roberts has been talked about in this case?—Yes, but slie is not my wife. She lias been in delicate health ■ for some time and has had two operations. Continuing, witness described the arrangements for the visit of the girl to his place on April: 3 and other, dates. He said he did, not tell, her; what to do when she went into the house. “She knew her way about and knew what to do,” he added. He said it was usual in such circumstances to supply drinks and cigarettes; they were not necessary to the accomplishment of his purpose, but “they looked-for. it,” he said. The accused said the chesterfield was used rather than the, bed in case anyone should come in and find' the bed disturbed.

Counsel: But supposing anyone came and found you with the- girl on the chesterfield ? ~ , , Accused : Well, I could soon get her away. You don’t suppose I would; let them stay there do you? Continuing, accused said it was tiie girl’s suggestion that he should get her mother’s consent, for her to be out till 11 o’clock on the date referred to. He did not tell the- girl’s mother that she was coming to his to the suggestion that he had proposed going t-o Australia to start bookmaking, the accused said he knew nothing about bookmaking;. Counsel: But you do kfiow something about horse racing. Accused: I couldn’t have known much or I wouldn’t have fallen as 1 did.

How did you fall? I was disqualified' 111 New Plymouth in 1904.

For how long? . . I For life; but on my going to the war that was lifted. The accused added he had been on a, racecourse since then 3 but had not had a bet on a race. In conclusion the accused admitted that his version of these matters rad not been given when arrested, nor in the lower court. , In answer to His Honour Roberts gave particulars of some of the occasions which he had had relations with this girl 3 and also admitted .he nati had other women at his private house. He had given her gifts of money on some occasions. He did not think it was his place to give his version ol the story to the police when arrested... or in the lower court. Counsel: The accused wars not represented at the lower hearing. His Honour: But when you were arrested why didn’t you say, but l ve been having connection with this gin for some time’ ? Accused: I did tell some of j.i> friends. - And are you bringing some of yom friends here to say that. Oh, no. EIVIDBNCEi OF GIRL’S VISIT. Mrs. Selina J. Dick, married woman, said she had known both accused and the trirl for some time. On one occasion, about the tenth of March, <n o-oing to Robert’s place to inquire for work she saw the girl with him m Lie conservatory. She was sitting on his knee. When witness made her piesence known the girl got up and ran away. Mr. Roberts arranged for witness to come the next lay and "or at his place, and h© pledged her to secrecy as to what she Jpd seen. She made no mistake as to the identity of the girl. , To the Crown Prosecutor witness said when she appeared at Robert s place the girl “went for her .life, and witness had not seen her since. > he had seen the account of the proceedings reported in the ‘paper an d bad

volunteered this information. No one had .asked her to give this evidence. Roy J. Hawke gave evidence of the delivery of a large packing case to his home by the accused at the end. of March, in the course of which a large nail scratched Robert’s head- .He remarked on the matter and advised accused to paint the scratch with iodine*. This concluded the evidence and counsel addressed the jury.

JUDGE’S SUMMING UP.

; In summing up his Honour explained the counts in the indictments, which he said all related to the same incidents. They were merely alternative charges. r JL T ii© case was peculiaij hut very important, it. was suggested the story of the girl was a fabrication for the .purpose of levying blackmail on the accused.. His Honour then directed the. attent of the jury to the points in the case which there was agreement qh. both sides. It was admitted that she had been at accused’s house for some time on the afternoon, of April 12, and that she left there without some of her clothing, also that she made complaint at once to her aunt and mother. .She also said that she, had smashed the accused on the head and neck, and corresponding injuries were found on him when arrested, though he hud given* some explanation of them. The. jury must then ask themselves, whether; the girl was' capable of inventing this, story, and if it was not true. K’ they thought her story was true they must convict him, hut if there was any. reasonable doubt in their minds, then, ihe was entitled to the benefit of such doubt. ~. , ~ , . I They were not entitled, sard' h is Honour, to take into account the fact ' that a man was a. blackguard. This court- was not a court of morals, hut a court of law, although this man had admitted he was a 'blackguard-. He . was a man of 60 with a woman in his house who was his mistress, and he was in the habit of having other women there, hut that was no concern of the jury in this. case. His* Honour then pointed to the fact, that the defence had; been withheld until' these, proceedings and the jury, were entitled to ask why. If he was an. innocent man he had not made known his explanation of, the circumstances at the earliest moment when, accused of the offence. They could, of. course, ask themselves if there would be any. likelihood, of. a struggle and resistance on. the part of a girl who. had previously been a willing party to intimacy. Of course it did not follow; that a girl or a woman must always, consent to halve intercourse with a mail with whom she had been intimate, hut. it did raise tin? question: as to whether there had really been an assault. The 'matter however, was entirely one for the jury and they must satisfy themselves that the- Crown had proved the ease , against accused beyond all reasonable doubt before convicting him. If that, onus had not been discharged then the) accused was entitled' to. be acquitted' The jury retired at 12.15.