MAGISTRATE’S COURT

Manawatu Standard, Volume LV, Issue 244, 12 September 1935, Page 7

MAGISTRATE’S COURT

THE SYMES CASE. HEARING OF EVIDENCE. Facing charges that on Jnly 24, 1935 at Te Matai, he assaulted Elsie Elizabeth Symes, so as to cause actual bodily harm, and that on J uly 24, 1935, at Te Matai, -with intent to do grievous bodily Karin, he wounded OMsie Elizabeth Symes, Manley bymes, of Paliiatua, labourer, ageci 22, appeared before Messrs \V. Lowe Black and J. A. Cruickshank, J.R.'s, in the Magistrate's Court to-day.? Mr J. M. Gordon appeared lor accused and Senior Detective Bickerdike conducted the case for the police. At Mr Bickerdike’s request the first charge was withdrawn, and the second was proceeded with.

Elsie Elizabeth Symes, wife of accused, gave evidence that they had been married about 18 months and had one child six months old. About July 14 she had gone to Te Matai to spend a holiday with relatives. Prior to her marriage she had known a man named Campbell, who had been a captain in the Salvation Army at Paliiatua. He was also known to her husband. Campbell now resided in Palmerston North, as far as witness knew, with his wife and family. He had been a friend of witness and her husband for some time. While witness was at Te Matai, Campbell had taken her out twice in his car on the grocery round which he had. Accused objected to that. One night witness had come home very late. On the day before the alleged offence Campbell had called at the Hendricksens, where accused was staving. Campbell had tea there and after tea there was “a kind of a conference” at which Campbell, accused, Charlie Hendricksen and witness were present. Campbell sent Hendricksen from the room.

Witness broke into tears when asked if Campbell said anything. Campbell, witness added, had left about 11.30 p.m., accused cranking the car and -witness kissing Campbell goodbye. Witness followed her Husband into the house shortly afterwards—only a few minutes later. When she went into the house her husbpid was in the . pantry with a pea-rifle. He threatened to shoot himself. Witness took + he rifle from him and told him. not to be silly. He did not say anything; just gave the rifle to her. He did not threaten to do witness any injury. They then went' to bed. On July 24, Campbell called at about noon and accused was in bed, ill. Accused got up, had a shave and then went back to bed. Witness and her husband had a front bedroom. Campbell and witness were sitting on the bed occupied by accused shortly before accused got up. Campbell was holding witness’s hand and witness could see by accused’s demeanour that he objected to that, although she did not remember his saying anything. "Witness and Campbell must have been in that position for half an hour. Witness, Campbell and others had afternoon tea a little after 3 p.m. It was then that accused had his shave. Following afternoon tea, witness and Campbell went and sat in the latter’s car, at the request of Campbell, who wanted to show her a letter. That was about 3.45 p.m. or 4 p.m. About 5 p.m. witness looked round and sa\v her husband, who was coming out of the back porch with a rifle. He went along the front of the car and ordered witness to get out of the car. Witness did so. Campbell also got out. Accused then walked towards tho porch, backwards. Campbell was behind witness and accused was five or six yards away from witness, with Campbell a yard away from witness. Accused said: “You coward, hiding behind a woman’s skirt.” Campbell then .rushed round towards accused and then witness felt something hit her in the stomach with the report of the rifle. Then witness heard accused and Campbell fighting. Later Campbell came back and accused went inside. Witness described a photograph of the locality of the incident. She had been taken to the Palmerston North Hospital. Evidence was given by Dr W. Hunter Will, who stated that lie found Mrs Symes lying on an improvised stretcher suffering from considerable abdominal pain and also from shock. There was a small punctured wound on the lower left portion of her body. She was conscious and spoke to accused, who was depressed and very upset. He told witness that lie had gone out to see where his wife was and had been suspicious. He had procured a gun and had accidentally shot his wife. AVitness did not question accused. . , , r T „ Evidence was given by Mr J. H. North (medical superintendent of the Palmerston North Hospital), that Airs Symes was admitted at about 7 p.m. on July 24, An operation was pe:formed and ten internal puncture wounds found. Now she had recovered; it was unlikely that she would he affected later by the injury, but there was a possibility of such AVounds of that nature were likely to prove fatal. She had been discharged from hospital on August 30. AIRS SYMES CROSS-EXAMINED. Recalled for cross-examination, Airs Symes said that Campbell was iorauerly a captain of the Salvation Army, but nut when he visited her at ie Alatai. She was present in Paliiatua when ho was court-martial led by the Salvation Army and reduced to the ranks. AVitness and her husband were members of the Army at l'ahiatua, Campbell being their superior ollicer there. He still called himself Captain Campbell after lie was disrated. She knew a charge had been made against him at the court-martial with regard to a girl aged fifteen. Not only was ho the spiritual adviser of witness, but ho pretended to take more than the ordinary interest in her, and her husband and child, having a dominating influence over them. He said he had been a prize-fighter in his youth and won a number of medals. AVitness could not say that her husband was exactly frightened of Campbell. She went out with the latter in his car on the Monday before tho shooting and got back at 8 p.m., later than usual. Campbell had said his reason for being late was because lie had had to walk to Ashhurst for benzine earlier in the day. This was a misleading statement, 1 here was a conference oil the Tuesday night, and on the day of the shooting witness’s husband was not himself, having spent a sleepless night. When she was sitting in the car her husband came over with the rifle. He did not jioint it at her, and so far as she knew he did not point it at anybody. Campbell followed behind witness as she walked towards her husband, who never at any time pointed the gun at her. AVhen she got closer, Campbell pushed her to one side and jumped at her husband. Campbell had pestered her si uee, and she was now living with her husband —since leaving hospital. She had received a letter from Campbell. It asked her to say things were not correct. Re-examined by Mr Bickerdike, witness said she only knew by hearsay fvhv Campbell was disrated. I Sylvester Charles William Campbell) was the next witness. Lie said lie re-

sided in Park Road, Palmerston North, with his wife and family. He travelled about Ashhurst selling” groceries. He had known accused and his wife for 21 months. He called on them at Te Alatai on July 14 last when they were spending a holiday there. Ho took them both out in the car, at their request, several times. On July 23, the day before the shooting, ho called to the house at 6.45 p.m. and had tea. Subsequently a conference was called by Airs Symes, accused not being present when tho arrangement was made. The conference was held in the bedroom, those present being witness, accused, Mrs'Symes, and Charlie Hendrickson. AVitness told accused the latter was not treating his wife fairly, and that she had complained to him. He reminded accused of a little scene that was enacted at Paliiatua a week before he was married, and accused, at the request of witness, repeated to him all that was said on that occasion. AVitness told him he still stood by a statement ho had made at that time. AVitness thought that Airs Symes had complained to him on the day of the shooting that her husband had threatened her life. After the conference had proceeded to a certain stage, Hendricksen left the room, and witness later had supper with Air and Mrs Symes. The latter then alleged that accused’s affection for her was not genuine. Accused cranked the car for witness when he left at 11 p.m. AVliilo this was being done Airs Symes passed some comment which gave witness the impressio i that she was terrified.

Continuing, witness said he called at the Henricksens at noon on the following day, and had lunch there. AVhile dinner was being served Airs Symes came in, her husband being in His bedroom. She took food to the latter and called her cousin, Aliss Hendricksen, into the room. Later the latter called witness, who found Manley Symes lying in bed, and to all outward appearances, unconscious. AVitness spoke to accused, but received no response. They tried water and then a teaspoonful of raw painkiller. This immediately brought him round. By tin time Airs SJunes had got in under tho blankets with her husband. AVitness sat on tho bed and accused said he had dreamed a strange vision during the night. AVitness read him a passage from the Scriptures at his request, recognising that he was in a very strange condition. After that, all except accused left the room for afternoon tea. Later accused oame in, but returned to his room. AVitness prepared to depart at about 4 p.m. and Airs Symes accompanied him to tho car. It was cold and rainy, so sho sat in tho front seat after a few minutes’ discussion. VVitnes could not say how long they were there. Airs Symes said, “Look out. Here comes Alanley with a gun.” The car was parked between tho house and a shed. AVitness saw accused emerging from under the porch of the house, about 33 feet away. AVhen accused got nearer, Airs Symes called to him to stop, or put tho rifle down. Accused said words something to tho effect, “You have had your last chance.” Mrs Symes got out and ran towards accused and witness followed, trying to get between the pair. Symes was then moving backwards with the gun at his shoulder, pointing it in the direction of witness and Airs Symes. Accused retreated to the porch, where he fired. AVitness was then six to eight feet away, with Mrs Symes to the rear of him. Ho immediately camo to grips with accused and wrested tho rifle from him, striking him with the butt. Accused tripped him and secured the weapon again but witness pushed Symes through a window. Accused then said he would get a shot-gun. AVitness went inside the house, through which accused had passed. Accused did not seem to bo by any means normal when he came out to the ear. AVitness denied holding Airs Symes’s hand in a room one day. Tho luncheon adjournment was then taken, counsel for accused intimating that the cross-examination of the witness would take some time.