MAGISTRATE’S COURT

Manawatu Standard, Volume LV, Issue 245, 13 September 1935, Page 16

MAGISTRATE’S COURT

THE SYMES CASE. ACCUSED COMMITTED FOR TRIAL The hearing was concluded in the Police Court at Palmerston North, yesterday afternoon, of the case in which Manley Symes,‘ labourer, aged 22, after several remands, appeared on a charge that on July 24, at To Matai, with intent to do grievious bodily harm, he wounded his wife, Elsie Elizabeth Symes, aged 19. At the conclusion of the evidence for the police, accused pleaded not guilty, and was committed for tidal at the next session of the Supreme Court. Messrs W. Lowe Black and J. A. Cruicksliank, J.P.’s, were on the Bench, and Detective-Sergeant J. Biekerdike conducted the case for the police After the luncheon adjournment, proceedings were resumed with the cross-examination of Sylvester Charles William Campbell, _ travelling grocery salesman. He said that lie was not expelled from the Salvation Army, but was not now a captain. He was a superior officer of Mr and Mrs Symes, being their religious head and friend. He was still their friend. It was the wish of his superior officers that he no longer be captain. He was eourtniartialled at Ins own request. There was a girl of sixteen partly mixed up in the matter. He could not say how many times he went out to 'To Matai when the Symes were there. He passed there every day. Mrs Synies went out twice with him in his ear at her husband’s request. One night, when he was by himself, lie did not return till 9 p.m. He was delayed on Monday nights waiting for customers who did not return from work till 5.30 p.m. There was never any question asked as to why lie was late. The Synies called at his place one day when he brought them to town and they followed later. The idea was not to make his (witness’s) wife think they had dropped in hv accident. If Mr and Mrs Symes said lie told them to get out of the car and walk up to the house for that purpose, he was astonished. He did not admit on the Tuesday night in July before Mr and Mrs Symes that lie loved the. latter, and he denied saying so or “if you lay a hand on her I will kill you.” He did remember just touching Mrs Synies s hair with his fingers when the three of them were joking. When he parted with Mrs Symes they only shook hands, and he did not kiss her. Mrs Svmes and witness were only fooling vCith her husband, and were not holding hands at all. At one time in the far distant past witness did do a little prize-fighting. On the day of the alleged shooting Mrs Symes sat with him in the car for about half an hour, discussing her relationship with her husband and the threats she said he had made. It could not possibly have been an hour. Then Symes arrived on the scene. The latter did not tell Mrs Svmes to get out of the car, but said, “You have had your last chance.” Witness did not know whom lie was addressing. Synies was backing . because Mrs Symes was getting within too close range. Witness came out behind Mrs Symes, but did not use her as a protection. After accused fired, i witness closed with him and said, “I told you what i would do to you if you hit her.” Witness added that he did not go to Te Matai because lie was pursuing Mrs Symca. About a week ago witness did write a letter to her, but in it ho was not asking her to say something that was not correct. He denied the holding of hands. His friendship with the Symes oil the last ten days before the occurrence was no different to that during the twenty months he had known them. Up to the time the gun was allegedly fired accused and witness were the best of friends. To the best knowledge of witness he gave accused no provocation for the shooting. At no time had the conduct of witness towards Mrs Synies warranted this action. The relations between the three of them were those of brother and sister. EVIDENCE OF COUSINS.

Louisa Amelia Henrlcksen, aged 19, said Mrs Synies was her cousin, and slm knew Campbell was friendly with Mrs Symes. Accused said something to witness about Campbell being too friendly with his wife, also that she had said she loved Campbell. Accused appeared upset when be told witness this, but made no threat about harming himself. Shortly before 5 p.m. on July 24 accused went to the pantry, where witness’s brother kept his gun behind the door. Accused was in the pantry only a few seconds and thou came out with the gun, making for the back door. Witness tried to stop him. He did not speak, but seemed desperate. Accused said something, but she did not catch what it was. A few minutes later she heard a shot and a woman’s scream, and went outside and heard Mrs Symes say: “I am not killed.” Accused and Campbell were struggling by the tank stand near the back door, and witness ran past to get help. Her brother Charlie arrived and Campbell by this time had the rifle, accused having disappeared. Cross-examined, witness said she saw Campbell brushing Airs Symes’s hair after supper on the Tuesday night. He was using a brush, and did not merely put a hand on her hair. Witness considered his conduct was a little indiscreet. She had never seen them holding hands. Marie Hendricksen, aged 13, a sister of the previous witness, said she saw Mrs Symes and Campbell sitting together in the car when she went to feed the fowls. When she returned she saw accused with the gun. He was holding it under his arm with the barrel pointing downwards. Witness described the subsequent happenings, adding that she heard accused say to Campbell, just before the shot was .allegedly fired: “You would hide behind a woman.” After helping Mrs Symes, witness saw accused j running through the orchard to the milking shed. He did not have the gun then, and he called out something to witness which she could not catch. Accused had not been on friendly terms with his wife since Monday.

Frederick Hendricksen, aged 17 years, a brother of the two preceding witnesses, testified that, on July 24, after hearing what had happened lie went from the milking shed to the house, where he saw Mrs Symes, his cousin, lying in the back yard between the house and Campbell’s car, which had been parked there all the afternoon. Five minutes later his brother Charlie returned with accused, and they went into the front bedroom. Witness went also, remaining there till the police arrived. Accused said that he had been driven to the shooting by the action of bis wife and Campbell, and expressed regret for bringing trouble on the household. Accused said be bad no intentions of running away.

Phyllis Hendricksen, aged 10 years, stated in evidence that she saw accused go into the pantry and got her brother Charlie’s gun. Witness corroborated tho evidence of other witnesses concerning the following events. Charles Albert Hendricksen, aged 20, said he was in the milking shed when his sister Marie informed him of what had happened. En route to the house he met Campbell, who was running towards the shed with the rifle, which witness took from him. They returned to the house, where Mrs Symes receiv-

cd attention. Returning to tho milking shed, witness saw accused coining away with his hands clasped in front of him. He said he would go quietly and would go to Court with it, adding “I did not hit Elsie, did IP She’s not dead?” They went to the house where, alter accused’s head had l>oen hound up, he said, “I was driven to it, Charlie. They were making love under my eyes.’ While they were waiting for the police, witness added, accused again mentioned that lie had been ‘‘driven to it, saying ho had seen it coming for a while. Accused said Campbell had wanted to tako his wife to Australia, and that they had been sitting on the bed that afternoon making lovo before his very eyes. Witness did not know that there had been trouble between accused and Campbell before tins, but ho knew there had been quarrels between accused and his wife. During tho conference on the previous evening Campbell requested witness to leave tho room. Though he had not thought definitely that accused would do any harm with tho rifle, he had removed tho bullets to a higher shelf, also to prevent too free a use being made or them. . , Cross-examined, witness said accused exclaimed ‘‘Thank God,” when informed by the cowshed that his wife was not dead. He seemed dazed at the time. Subsequently ho mentioned that Campbell had threatened to kill him on the night previously. Campbell, after the occurrence, said to witness: ‘ 1 Sobbed the gun and hit him with it I wish that I had smashed his head. Both Mr and Mrs Symes seemed to be under the influence oi Campl>ell to some extent. Before leaving the room as requested on the previous night, witness had asked if there was anv illicit love lietween Campbell and JM Symes, as he had nothing definite, but was suspicious of trouble.

STATEMENT TO POLICE. Detective E. Barling gave evidence that he went to Te Matin at b.ou p m. on July 24. with Constables Compton Miller and Beaton. Accused and Campbell were brought to tlie police station anil explanations ot tlie oocmrence asked tor from both. Accused then made the following statement. “I met Campbell, who is married, with four children, in January ot 1933 at Pahiatua, where ho was captain of the Salvation Army. . - - A fifteen-year-old girl came to stay with us about a year ago. Campbell started to pay her attentions, and lie took her out in his car. As a result of bad conduct Campbell was put out of the Army, and he started a grocery round of the country chstiicts. About" three months ago the girl mentioned gave my wife a letter to give to Campbell. She had been the gobetween belore as regards letters between them. This letter, however, my wife was very suspicious of, and steamed it open and lound that it "as a real love letter between the girl and Campbell. .Later she handed the letter to Campbell and told him that she had opened it. I think that as a result of this she became scared qt Campbell. My wile told me that *it I dared to breathe a word as to what was going on between the givl iiiiil Campbell the latter would kill me. I took it that he had threatened my wife in a like manner. . . . My wiio anil I came to Palmerston North to stay at Henricksen’s farm for a holiday, and the day after we arrived Campbell visited us. Campbell started taking my wife out in his car on his rounds. He took mo out the first time, and then said there was not room for the two of us, and that he would take my wife. She went out with him three or four times twice coming homo late. They should have got home before dark. I remonstrated with my wife the first time. She promised to come home earlier, but next night came home later. I did not say anything. I was annoyed. I noticed my wife’s attitude was changing towards me, and that sho was more favourable to Campbell. 'lho last time lie stayed until midnight and went home after supper. I threatened my wife that I would leave her that night when she came to bed. On Monday, July 22, Charlie Heiulirioksen got violent stomach pains. Next day I got them, also Fred and 'Louie. It must have been something we ate. My wife did not get .the pains. She said she had a slight touch. 1 did not see her in pain. I came to the conclusion that wo had I been poisoned. Tho Hendrieksens ; thought so too. I did not say anything to my wife about it, however. I There is no poison in the house and 'my wife has not got any. ... I questioned my wife as to her relations with Campbell, and she said it was only right to call him in, too. I asked her if she preferred Campbell to me, and she said she did. I told ;lier to go, and I would have the child, | but she said sne would take it. When Charlie Hendrickson had gone, Campbell said: ‘I love Elsie and she loves me. If you breathe a word I will kill you—if I have to swing for it.’ He seemed desperate. Ho told us to be decent towards one another in the presence of other people. After supper he brushed my wife’s hair until [ho left, and kissed her hand good-bve. I was fast losing control of myself. I cranked his ear to get him home more quickly, while my wife stood at the car door holding his hand. . She had her arms round his neck kissing him and I had to pull her away. As soon as he had made off I got the rifle with the intention of shooting myself, but my wife came and stopped mo in the pantry. I had no intention of shooting Campbell then. When we went to bed, I tried to persuade my j wife to come hack to me, but she refused. Three or four nights ago, I Iliad told Charlie that if Campbell did not watch himself I would blow his head off, and when I went to get the cartridges to shoot myself I found I they were missing. Later, I remembered putting one in my pocket when 'out rabbit shooting. The statement proceeded:—“To-day (July 24) I had violent stomach pains similar to the others, but my wife was up and about. . . . My wife and Campbell had been sitting on the, bed with their arms round each other’s necks. I was too ill to protest. . . Campbell and my wife went outside. I was feeling uncontrollable. I got up, secured the rifle and brushed past Louie. My wife rushed from the car and told me to put down the rifle. I -still had the cartridge. Campbell was sheltering behind her with his hands on her shoulders for protection. I had no intention of iniuring my wife. I intended to put a bullet into Campbell, but not to kill him. I wanted to injure him and teach him a lesson. I called him a coward, and he jumped aside and rushed at me. I had the rifle pointed in a general direction at him and when he pushed my wife aside, I pulled tlie trigger to shoot him. My wife fell, and I knew I had shot her in mistake. I was so dumbfounded that T stood still, and Campbell took the rifle, hitting me with it. When she fell, my wife said: ‘lt’s all right, captain. T am not dead.’ Sho did not speak to me. ... I would not have done this in my normal senses, but tho behaviour of my wife and Campbell strained mv mentality till I thought of shooting myself, and then decided to injure Campbell to teach him a lesson. I hail no intention whatsoever of doing my wife harm, for she still holds my affection, despite her association ■ with Campbell.” ' ' , Detective Barling added that he I took measurements of certain spots in

tho yard.' At the time of tho shooting accused would be 8 feet from Campbell .and 18 feet from liis wife, the nearest point of the car to where Mrs Symes fell being 14 feet, and from the far sido of the car, where she got out ,it was 33 feet. The riflo (produced), together with the cartridges, was handed to witness by Charlie Hendricksen, accused later identifying this as the weapon with which he did the shooting. An empty exploded shell was in the breach. BENCH GRANTS BAIL. This concluded the case for the police, counsel for accused (Mr J. M. Gordon) intimating that the defence was reserved. Accused entered a plea of not guilty and was committed to the Supreme Court at Palmerston Norm for trial at tho session opening on October 22. Mr Gordon asked that accused meanwhile be released again on bail. In reply to a question from the Bench, Mr Gordon said Campbell was apparently, doing liis utmost to get in touch with Mrs Symes, but she had no desire to see him. Bail was renewed on the same terms as previously (in two sureties of £125 each) accused to report twice daily to the police, instead of daily, as formerly.