ALLEGED ATTACK

New Zealand Herald, Volume LXXV, Issue 23156, 30 September 1938, Page 15

ALLEGED ATTACK

STORY TOLD BY WOMAN CHLOROFORM HELD TO FACE COURT'S RULING ON CHARGE MAN COMMITTED FOR TRIAL [by TKLKGIiAI'II —PRESS ASSOCIATION] CHRISTCIIURCH, Thursday A contention that there was no evidence of the offence alleged by the police was made in the Magistrate's Court by Mr. C. S. Thomas, counsel for John Stuart Jarnian, who was charged with attempting to cause a person to be affected by chloroform with intent to commit a crime. The magistrate, Mr. E. ('. Levvev, formally ruled against Mr. Thomas, saying that it was a matter for a Judge's ruling. Jarman, who pleaded not guilty, was committed to the Supreme Court for trial. "I must say that I am at a loss to understand this charge," said Mr. Thomas, alter evidence had been taken. "There is no evidence of the offence alleged. The essence of such a charge is intention, and the evidence shows that there was no intention by the accused to do anything else except to try whether a bottle contained chloroform. Surely this is an obvious case of assault." The Magistrate: You are asking me to give a very big ruling. You may get the honourable judge to take your view. I am not altogether disagreeing, but I do not think it is a matter for me to decide. Doctor's Car Taken Dr. John Faulks Landreth said ho left his car in his garage about 7.15 p.m. on the evening of September 19. The garage door was left open. In the back of the car were two bags. One contained chloroform and ether and appliances for using them. Next morning about 9 a.m. he found the car to be missing. On the morning of September 21 he saw his car at the police station. The bottle of chloroform was then missing. A woman gave evidence that on her way home late in the evening she noticed a car by the footpath with tlie door open and the engine running. As witness drew level with the car a young man came out of a drive on her left and said: "By jove, it's muddy here." Witness just glanced at him and walked past about three steps. I Seized Round the Neck 1

The man seized witness round the ' neck with one hand and with the other he placed something like a pad with something sweet and sickly on it under her nose. It was soft, like the rag produced in Court. Witness bit the man's hand and he moved the hand with the pad further up witness' face. Witness struggled and called for help. The man did not let go until he saw the lights go on in a near by house. The man got into the car, which was driven away. In <i statement read by Detective I?. H. Watt accused described the taking of two cars' in the city. One of these was abandoned in Cashmere and another car was taken. Accused's statement added that he found a bottle in the car taken in Cashmere. He could give no explanation of having assaulted the woman and having tried to chloroform her. He had no intention of using the chloroform when he took it.