ASSAULT CHARGE

New Zealand Herald, Volume LXXV, Issue 22954, 4 February 1938, Page 12

ASSAULT CHARGE

AFFAIR AT ALBANY LABOURER FOR TRIAL WOMAN'S .ALLEGATIONS STORY OF NIGHT ATTACK Charged with assaulting a woman with intent to commit rape, and with assaulting the woman, on January 14, Alfred George Clegg, labourer, aged 46 (Mr. Noble), appeared in the Police Court yesterday before Messrs. A. S. Rickerby and G. R. Magee, J.P.'s. Detective-Sergeant McHugh appeared for tho polico. Dr. R. G. Dudding, of Northcote, said lie examined tho woman on January 18, and found her in a very nervous state. The right side of her lip was bruised, her left nostril was abraded, and there were bruises on her chest and back. Her injuries were consistent with an assault, although inflammation of a knee might have been caused by a fall. Ernest William Anderton, a farmer, living near Albany, said he and his brother were camping near the woman's house, on their own property, and 'about 10 o'clock on the night of January 14 were in their tent when they heard screams. Jumping out of bed, witness ran to a hedge near the house, and saw a form lying on the path in front of the house. Blow Struck Going on to the road witness met a man coining out of the gate. The man caine .straight at witness, and did not reply when asked who he was 7 and witness thought the best thing to do was to stop him. Detective-Sergeant McHugh: What happened P Witness: Well, I just gave him a straight right and ho fell back. Then avo came to grips, and when we were struggling my. brother came through the gate, and we overpowered him. The woman by this time had brought a ropo from the house, continued witness, and tho two tied the man up. Ho offered no explanation of why he was there. The woman was in a nightdress, and was very hysterical. Witness and his brother decided to take tho man to a neighbouring farm, and ring the police. They untied his logs, but when they wero going through a gate, the man aimed a blow at witness' brother, the ropo being slack enough for him to do so. Police Called When the man refused to go farther, witness sta3'ed with him while his brother went on and rang _ for the police. While witness was waiting accused asked N to be allowed to go, and said he would apologise to the woman and leave the country. Ho said ho was a married man, and started to cry. During the first tussle accused had one boot off, and his clothing was undone. The woman concerned said she lived alone in a house in a blind road. About 9.30 p.m. sho was awakened by knocking on the back door, which was being rattled. Witness . called out "Who is there? What do you want?" There was no answer, added witness, so she called for the visitor to come round to tho window. A man came on to the verandah, and said he wanted to get to Riverhead. Witness advised tho man to go back to Albany. Left But Returned The man asked for accommodation and help, which witness said could not be given. After the man left witness went back to bed, but lie returned and rattled the door. He said it was too far for him to walk, and came to the window opening on the verandah, where witness gave him a glass of water. He took a long time to drink it, and witness said she would call her neighbours, and told him to give back the glass and go. • "Ho came near tho window, and l thought he was going to give the glass back, but he caught my wrist, said .witnessCall lor Help Witness pushed him off, ran to the front door and called out for Mr. Anderton. She did not hear the man pass anv remark, but as he seemed to move quietly she thought he had his boots off, or rubber heols, "1 called out eight times, and then I fainted," said witness. As witness ran screaming from the verandah tho man overtook her, and tried to stop her from calling out, by pulling her clothes over her head. "I don't remember anything more, except that T thought I was dying, and being smothered by something in my mouth. I thought it was my nightdress," added witness, who said she kept struggling until she fainted, just after hearing a voice in the distance call her. "Still a Desperate Man" Alfred Anderton gave evidence similar to that of his brother. He said that when they were going through a gate on the way to a neighbouring farm to telephone the police, accused "made a smack" at him. Witness countered the blow, and overpowered accused again. Accused was not drunk. To Mr. Noble witness said he saw his brother hit the man first. "One 'smack' did not knock him asleep," said witness to Mr. Noble. "He was still a desperate man." When witness hit accused his hands were tied with a length of rope, but there was ample length for accused to striko a blow. Employer's Evidence Miss Annie Barnabv, of Paremo-, remo, said accused was employed by her on January 14, having begun work on December 17. On Thursday, January 13, he went to Auckland to do some business on her behalf and was to return the following night, but he did not do so. She had never seen him come home drunk at anv time and had no fault to find with him. He was very obliging and gentlemanly to her. * * Constable Howe said at about 11.0 I) m on January 14, following information received, he went to Pareitioremo with Constable Maloney. He saw accused in a paddock. His hands were tied with a rope, but there was about three feet slack in the rope. lho Anderton brothers were standing near accused with Air. Prebble. "When I cot out of the car I asked accused what the trouble was," said witness. "Ho replied: *1 do not know why 1 did it; I do not know why I went said accused seemed to him to bo quite sober. Ho was taken to the lock-up and later charged with assault. ■ , Plea o! Not Qullty Accused pleaded not guilty and was committed to the Supreme Court for trial. i_ "I would ask that hail be very substantial; this is a very serious case, said Detective-Sergeant McHugh, when counsel asked for bail. Accused was granted hail in a suretv of £3OO, and his own recognisance of £3OO, on condition that he reported to the polico daily.