SCENE 'm A GARAGE.

New Zealand Herald, Issue 17266, 16 September 1919, Page 5

SCENE 'm A GARAGE.

EPISODE AT MIDNIGHT. $. ALLEGED ASSAULT ON WOMAN" INFORMATION DISMISSED. Happenings in a garage in the early hours of August 19, were recounted in*'a case heard before Mr. J. E. Wilson, S.M.. in the Police Court yesterday. Two young men, Harold Tierney and William Charles Walker (Mr. Singer) -were charged that they unlawfully assaulted Mabel Carnie by striking her on the face and by otherwise applying force to her. Senior-Sergeant McNamara, stated that the prosecutrix had disappeared. Walter Hubert Gunn, a night street sweeper, stated in evidence that at about 1.15 a.m» on the morning of August 18, while working with two ethers near the old Coffee Palace in Cook Street, he heard the screams of a woman coming from the Auckland Automobile Association's garage, noar the old market. Witness, listening outside the door, heard a woman saying, "Keep your hands off me.", followed by a souffle. One of hie mates then ran for the police.

" A Disreputable Business." James T. Marsden. tasi proprietor, said that when he drove into the garage at midnight. Miss Carnie was there. When he came back at 2.30 a.m.. she was still there, and the two accused were with her. She was accusing them of assaulting her. she also said she had lost her hat. The woman had had some drink, but was not drunk. Her hair was a little disordered.

John Gray, an employee at the garage, said that at 10 p.m. two women entered and started to talk to him. Later Tierney came in, and the party went into tha office, where they had a few drinks, and stayed for an, hour or two. Tiemey said he would get the car to drive the women home. Carnie refused to enter the car, so Tiemey took the other git'! home. A Mr. Michaels, a restaurant keeper, then appeared on the scene, and sa'id to the girl, Come round the back and have a 'spot.'" This they did, witness following. A man named Henderson and Walker were there, and the four of them drank a bottle of beer between them. It was again suggested that the girl go home, but she still refused. Either Walker or Henderson then took hold of her and tried to lift her to the car. She then fell on the floor and started to scream. After "being lifted up she said she was all right. but she still refused to*''go" home, and started to scream .again. The Senior-Sergeant : Did Walker touch her in your presence? No. On the . senior-sergeant proceeding to examine witness on bis statement made to Plain-clothes. Constable Knight on the night of the occurrence, Mr. Singer ob- ; jected to witness being treated as hostile. The magistrate said that perhaps witress was making the best of a disreput- '. able business,, but he could not be treated I as hostile

- Brought a Bottle of Whisky. In cross-examination witness said he knew neither of" the girls. He saw nothing done' to the prosecutrix save being lifted into the car, and heard no suggestion other than that she should go home. Counsel : Did she ask for a drink?— Yes. * (Laughter.) She brought in a large bottle of whisky herself. ' * "This garage seems to be an, open house," said the magistrate. Constable Leslie said that when called to the gamge he entered by the front qoot, and found the girl with Tierney downstairs. She complained that he had molested her. She also said another man had struck her, and on going upstairs pointed to Walker as the man. Walker then told her to gome home, in abusive language. On going outside she struck Tierney in the face." Her hat was found downstairs, and the police took the girl home. She was not drunk, but said she had had two or three nips of whisky. The two accused were not drunk. Constable Hodgens said he heard the rirl calling "Snowy" Tierney "no man." V otherwise he would not have* insulted her. The'magistrate, without calling on the defence-, said that though all manner of "■disreputable misconduct seemed to have been going on in the garage, there was not sufficient evidence' to warrant a conviction, and the two charges must be dismissed. ..'ftThere should be some respon-. sible men .in these garages at night," "said Mr. Wilson. "Evidently anybody with a key can get in ? and something much more serious than what 'has happened in this ease might occur."