A STORMY NIGHT.

NZ Truth, Issue 218, 28 August 1909, Page 7

A STORMY NIGHT.

TWO YOUNG MEN AND A HAG*

Did They Assault and Rob Her ?

A CHRIStCHiiRGH CRIMINAL COURT CASE.

The' name o l !. Sarah Fallbbtt is' iaiffillar' m the Christchurch courts, but to appear for the prosecution was somewhat of a novelty to her- until quite recently. The tale unfolded m the Supreme Court a few days back was a sordid . one of beer and violence, with suggestive trim T - mings, but no , tiiatter what her moral surroundings might have been, Sarah was terribly knocked about m > her own house by some persOit br person's) / and two young men named William Cotter and William Nicholls were arrested, committed for trial, and subsequently - faced a jury on charges (1) that thejf did -fob Sarah Fallodn td the exteiit ' ql £2 2s and use personal violence to her ; (2) that they did assault and beat the said Sarah Falibon. T*he learned Alpers defended. Sarah, who wore a green motor cap, a fur boa, and a nondescript rain cloak, recounted her terrible adventures . on, the night m question. She had knowii Cotter two tor three years. He used to board with her m Wellington, but she had .seen the other man .once before, jonly/' On -Wednesday, May • sj' botn -men entered* her house uninvited by the back door, which they locked, and witbdrTw the key ; then th«y locked the front door aiid took possession of that key also, so that Sarah was a prisoner. There was a Mrs Fa'rrell m thekitchen ,with a mail visit--or, and when Nicholls and Cotter refused to leave the building Mrs Farrell and her male companion got out by one of the windows. Sarah asked the intruders again to go out, and for reply Nicholls picked up the tin kettle, and hit the woman several times with it. He th'eii seized a smoothing iron and struck her ohthtj chest. This rendered her unconscious and she remembered no more till .next— morn*.. ing, when she discovered her purse, conlaining £2 2s, to be missing. 'She kept ii. ■ IN THE BOSOM OF HER DRESS , which had been torn oft her, with' other clothing. Cotter didn't strike her. Both men returned next morning and said they were sorry. They also asked her to say nothiing more about it. She asked them nbout her money, and they replied, "Oh, that's all right," Cotter, who ,'was not sober, handing her a torn and empty purse. They brought drink into the house, and imbibed it there. Both Sarah and her son asked them to leave, but they refused and remained m the house all day. In the evening Nicholls got nasty with her and struck her again. This !\vas m the bedroom, and she thought Cotter was ; ih the kitchen at the time. She vaguely remembered. Nicholls firing a' gun oil, and next morning Sarah went with a neighbor .to the police^, station . aiid laid a complaint. Sarah . had previously (five weeks before) complained about Cotter persisting m coming to her house and assaulting her. Two days af-' ier the occurrence she was examined by Dr. Syme and was still under medical treatment. To Mr Alpers: On the day of the assault, Sarah was m Coker's Hote'rhav-. ing a .drink m company with Mrs ; Farrell, v:hsn she say/ NichoUs anil Qotbex. They had two drinks, Cotter. . shotting one ol them. Counsel : r I think he put do-wn a £1 jip+s i ?— I didn't see him put i&Jbnpn. • Diary t you take it and say, "I'll spendii iov you ?"— A'o. What was bought there besides xhe x jtwo drinks •?— Nothing else. Were you m any other i hotel with these two, men ? — No, I was not. /'•"'■'■ Were you m the Crown Ho tea ?.— 'After I went home with Mrs FafrelL 1 went into the Crown Hotel and got six-pen-n'orth of beer. "Were the two men there 7— Yes. .', '" Did Cotter shout there? — I couldn't say if he shouted there. r Did you bring away two bottles of beer ?— No ; I brought away six-penn'ortby of beer, and 1 paid for rt myself. Were you m any other hotel with Ichem 7— No, 1 wasn't. ' Now, try and remember ; didn't you meet .them or have drinks with them m. the Excelsior ?— No, I didVt ; m fact I don't, know where the i ttxcelsior is. It used to be Barrett's, then Burkes. Do you know that hotel? — i know Blaxxett's. How many drinks did you have before you went home ? — Two drinks. You know as a matter of -fact that they had a good deal of money on them ? —I didn't know whether they had money or. .not. „ You don't remember meeting them first m High-street ?— No, we did not. Do you remember going up a .right-ofc iway with Cotter and putting his collar and tie on for him 7-^No, 1 donotv " Do you know who the cabby was who drove you home ? — Yes, I do. Who was it?— Willie Douglas. Didn't you, as a .matter of fact, make an appointment to pick- these men up half an hour later ?— No, I did not. How long have you been m Onrtstchurch, this ' last time I—Since1 — Since last Christmas. Part of that time you spent m Wellington 7— Yes. How many different houses have you occupied during those few months T— l don't know. . . " . • . . - .-, Is it correct to say you have been m seven:- different houses , m. that tinaetr^lwbuldn't say; I've been m a few housesi And been chivvied *out of them ? His Honor : , WHAT IS "CHIVVIED'U „:.. Do pronounce ordinary Knglish; Mr Alpers : It's "Bleak House" languish, your Honor. His Honor expressed disapproval of slang. Counsel r~ You have been "moved on" from these houses ? — 1 have only been shifted out of one. ' " . - Well, Mrs Falloon— are you Mrs Falloon, really, or is it Reynolds ?— Fve been married to Jack Falloon m Wellington for six years. Where is Reynolds ?— He's deatLr , - He doesn't live m George-street 7— NoThe witness, m reply to further questions, said that when Nicholls took to her with the J£et(tle he struck he* on the right side of the face, and the Wow with the flat iron was aimed at her breast; The man had her down on the floor when he hit her witbi the iettle, and when he used the flat iron she scrambled on to her feet and started to scream. Nicholls then brutally remarked, "I'll give you something to scream for." The kettle, .which was full of water at the time, was idented by the blow on the face. You were robbed of £2 2s ?— ; Yes. That was inside your blouse, concealed ■? ►-Yes. , - Before he hit you Nicholls didn't know you had the £2 on you ?— No, he didn't know. Where did you get the money from ?— My son gave it to me to pay the rent. I think you had no money of your own at that time 7— No ; I had no money, because I had just come out of a. home. ... Counsel: You came out that, very day ?' —No ; I came out the day before. I believe you were compelled to go in!to the Home?— Yes. I don't wish to annoy you, but what ■were you there for? — I don't see what that's got to do with it. His Honor : What did you go to the Home for 7— For importuning. On the second day there was some liquor m your house ?— Yes, they brought, it; with them s I

' Of which you Jiad a share '!— i tion't remember much. 1 was delirious all day. : Where was your son •? — He was backwards and forwards all day. The men had their meals there that day ?— Not that 1 Joibw-of. When did the hitting begin again '!— In the evening. Was it not shortly after they apologised that Nicholls hit you I—l couldn't sayDid anyone see Nicnolls hit you ?— -1 think my son saw him. How ola is your son 7— Tvtrefity^wo: " ■; I think that your son went out to work then, and the men Temafined ail day T*-I think so; ."'■.' How long did they stay that day ? — I know they were backwards and forwards "all day. I believe they stayed that night ?— I think not. Is it not a fact that one? oil them' slept m your room 7 — Wot that I know of,. "•■■•■• Further she said, - ; ;"I ONLY HEARD -THE GUN GO OFF." • r : Do you remember that on U'ritlay morning (Vth) the men were at your house again?— ;'/e.s, they were there ia .. the morning. . : You wahteti iiioiiey xti pay your feat? -r-I never asked .them for money. I asked them to give my own money back. You had m the, meantime been dunned by your landlady's \ daughter, Miss Lyons, ipr -the rent ?— 1 'couldn't say if X. saw Miss Lyons or if my son saw her. . • Do you remember saying .on Friday morning ito. the men, "You've used me. and my house for three days. (Jiver-meO the money to pay my rent '! — JN'o, 1 was too frigfltetfed' "to "say "afiyttoiig to :*hem. If I did I was afraid 1 would get more! The woman stated that she hadn't got j breakfast for' the men. She didn't re.member ;'a .person, named Peter ■ Hanseri^' whom she had introduced to Cotter and Nicholls as Mr 1 " but she did recollect an ■•■ elderly V gent calling on the day following the assault. She flidirt then complain that she had been murderously maltreated. " : Counsel : I think the country has prosecuted you before for being a prosti-tute'?-wo.":,.""~:":"~:~ " ":::". Not m. Wellington 7-7-^O. ; Were -you. not convicted ( of importuning'?— Yes ; but they didn't • call' me' i prostitute.- - ; ■•• ■•■ '- '- : ■■'■:-"■'■' ••■' . ■■■'-. •:• •■ ;' Dr. Symes stated m evidence that Sarah. Falloon was brought to; him on Bat- ; urday, May 8, when he examined her. The right.- side of the face was disfigured by a large, oval bruise about Sin. iong, and "it had a sort ot defined boundary," as thcogli7'lt .were caused {by. ■; a y hard, found sdbstahce. The ' right ear was cut ami -Swollen, and the righs side of. ,the head was also discolored and swollen. The right shoulder and shoulder blade were dark and bruised. There were two large black bruises" ,on the right upperarm, whilst tlte right breast was black nearly all over, . and very dangerously bruised. The woman was m a nervous, trembling condition, ; and . ; the-; doctor advised her to go to the hosptiali as she had beea " very serinasly . said dangßSQiJsly ' knocked about. . Tba injuries Bright pu3 her m a dazed condition for some time afterwards. In rtply to Mr Alpers ike fioctar said the daaed condition, was jq>ok at&BuFta&ls to a prolonged; , drinking bout. There was no sign of drunkenness about her, although .he smelt spirits -on. .her. She admitted to the docttfc that she had taken a small quantity of whisky that morning, -as she didn't fee! well enough to go out. •..■-'■-■'■ _ ■- - '.- "-' - ' ; ; Albert Reynolds, son of Sarah Fair loon by a former husband, returned home between 1^.30 and midnight on May 5, and found his mother lying unconscious on the. kitchen -floor. Her blouse had been torn off ; her, ,ncr ski^t was baldly torn ; anddisarranged, and tier face was cover- | ed with blood. The kitchen utensils .and furniture-, were . . lying about ... anywhere, I the floor was covered" with water and soot, and the ; battered ;kettle was lying, on the floor. He put. hi?; mother to bed, and she was 'delirious all ..night. Nicholls and Cotter entered by the back door next morning, and, locking it, removed the key. Reynolds'? mother: was down the back yard, and Reynolds ; , got a key out of another door and opened the back door to let the woman --t0". ./ The" ;" men said they were sorry for what had occurred on the sight before, "and asked Sarah to look"- owrlt.. '■ ' ■ • •- •".-■■■• •■ •- "•■•■'■'* "Tiff IN ENOUGH' TROttBIiE At- -■ - -;■:: . :-■ RE&DY;? ■ ~: .■.'.■• V""" remarked Nicholls. Despite remonstrances, the ioen remained : -till the after- j noon, and Nicnolls, apparently for no reason, again struck the woman before leaving. When Reynolds rewimed from night j work between. 11.30 and 12 p..m,. t he found bis motner lying on her bedroom floor, unconscious. There was a strong smell of gunpowder m the atmosphere, and Reynolds ,, discovered a gun which had been m the '-house lying under the bed. The sb»t from' the gun. penetrated the wall under the dresstiig-%able. The two men,, came again ' next morning, but Reynolds djdnt ..speak to tfaeaiu It didn't occur to him to ,'send for ttfe police. ; it was "the; first .time that ire had been m "a row of that description, and he didn't know what to. do. ;.".'„ "■"..-. ; To Mr Alpers :; The cottage was _four-_ roomed, said there was .only one r iied," Us" mother's. :'He. spent Thursday night loiikiin^atter motber, and didn't, sleep: "aS" Borns's fish-shop. ...On -May 5 he .^bad given bis mother two £1 notes and 6s or 7s m silver ;._.also he paid a. week off the rent a couple of days later. It was true that he had . been sued on May 10 for board, by Mrs, Dalziiel, a formerlandladyl , Thos. Foster Ma thle. Peeler Carney, and 'Tec. Gibson also kissed the testament and said a piece. Gibson told. Mr Alpers that Mrs Falloon was known to the force as '*Sarah the flar." ! Mrs Ivy Farrell, whose husband is In Broken River, appeared m the witness-box-in a partly sosselied condition, and the Crown Prosecutor meniftoned that the woman was drunk. , ', His Honor (to Ivy) : What have you be»n doing this morning ? — 1 haven't (yawns) been doing anything, 1 think. His Honor said he would hear the woman further, and frail Farrell mentioned m drowsy tones,, that after Cotter, Nicholls, Sarah and herself had a , couple of drinks at Coker's, they went to Sarah's-, where Sarah , had a fit of 'sterics (hie) . It was apparently the objectof the defence to prove that Falloon was subject to fits, and Ivy, who persisted m "giving more evidence, was firmly removed from the box. , Albert Rice, a Kaiapot farmer, said that Nicholls and Cotter worked for him, and were paid off on May 5, receiving about £5 12 between them. Christina Lyons, daughter of. Mrs Fal-; loon's" landlady, said that Saran 'was known to them as "Mrs Nesbitt." On Wednesday morning the young lady called for the rent, but the tenant didn't show any signs of having been assaulted, although she had obviously been drinking. On this morning she had seen Cotter and NichoUs . at . Falloon's house. (There was apparently a discrepancy Here as Cotter and Nicholls weren't paid off at Kaiapol till 11 a.m. and didn't arrive m Ohrlstchufch until 6 p.m. . Cotter, who described himself as a labprer 4 said they arrived m Cnristchurch at

6 p.m. He met Mrs i-'aikuiii. anti her son on the corner of Tuain and Munchestcrstreets at 6.45 p.m., ana they adjourned to the Excelsior Hotel, where Cotter shouted for Mrs Falloon. Both Nicholls and Cotter 'shouted at Coker's;- and later they met Sarah by appointment at the" Crown Hotel, wh'eisj Cotter, shouted drinks and put down a £1 note. Sarah picked it up. Cotter remarked, "Noneof your larks." She replied, "Oh, a might. just as well spend this 1 as yoc" fcJhe i bought a bottle ol whisky, two bottles of beer, a shilling's worth of brandy, i apd the three drinks were also paid for i I out of the £1. Sarah brought the men to' her place shortly after Bsp.m.8 s p.m. and., fouftl- Itlra Farrell Snd an. unknown man there. . . • . '.','-.. THE PARTIES WERE INTRODUCED^ -_'■■'■ BY SARAH ° under . fictitious names, and. they filled' 'em up. from the stock of liquor. Sarah then .went . into .the front room, taking Mrs; Farrell and male friend with her. Returning, she said, "(jive me that bottle of whisky Until 1 give my friends adrink.". She disappeared with the spirits j and- later she came out into the laitchen, remarking that" she would like a drop of whisky hot. She filled the kettle, ana .placed it bn the s'tdve, then . fell m av fit on .the hearth. She kicked violently, and screamed, loudly. Nicholls held the .woman and poured water on her forehead- from the kettle, whilst Cotter bathed Mrs Falloon's hands with a basin of water, and rubbed them. At Cotter's suggestion, Nicholls erideavore'd, without success, to undo the neck of Sarah's dress, and he then put his hand inside the neck of the garment and tore it open ro 'that she" could breathe freely. The woman then came round, and ■ the men placed fiertwii a sofa", "gave her. a drink of wMsky, and she appeared to be all ilght. Toey remained m the house drink- 1 rngj and some. time ; later Sarah went to^- ] warjds her bedroom to get something; Niliholls and _ Cotter Jireafd ' her fail m thfe-, passage; and they picked her iip"; She wasnt m a fit this time, but appeared to be suffering from the effects bt swankey. The visitors remained until some^ one knocked at the 'back' door , when Sarah announced a visitor, and said, "You men had better go away, as he will be", afraid » if he sees two men m. the house." That". nigSit [Nicholls and Cotter sltipi? at f Mrs. /Parsons' boarding-house InJ Mahch.e s - : ter-stree't. They returned to^'Mrs- Falloon's. house at. B o'clock the '„■ 'following , morning, ..when they met Sarah ..and her soii< Colter brought 2s worth of. whisky' 'with,..-biip, ,and the men- remained . ail. day and ajl night. v It. was not true ; thai?. Nichplls- at . any time struck /Hie; > woman.Oh;TJiursday afternoon young Reynolds , came into f the bedroom and asked the men to. leave; the house. ; A. little later he came, m; . with a gun and ■ threatened to ■ blowv.Nichoils' head off. JNicholls took, the? weapon from him and placed it m a' corner 6f "fee bedrobm,- Mrs Falloon remarking, "Take no. notice of 'Ujini ; ' he j doesn'ir keep me; I've" got to keep him:" i At 6 p.m. Sarah, who was lying on the bed, asked one of them to look at . the gun. Nicholls was- sitting" "at the'head of the .bedvand .Cotter ;at the foot. Nicholls ■pbjic&d '.the gun across his ; kneej and had~ the* barrel pointed m a slanting position towards the floor, when it went , of!. Nicholls 1 and Cotter remained m the House all Thursday night, Cotter sleep-., ing .on the sbfa and Nichpiis being with Mrs Falloon. On Friday morning they saw young Reynolds- just as they were leaving the house to get a shave and a drink. They returned to the house and found it locked" up, and' they retired. Before leaving on Friday, Mrs Falloon said to Cotter, "Well, I suppose I'll get into trouble' about that gun going. off." She also sard, "I owe the landlady a month's rent. She only lives across the road,"", aiil iriust have lieaTd tie " soaad of ■ that gan. Coaldrf 1; you and Nicliolls i manage to pay my rent between the two of' tom?" Cotter replied 'tStat tier \ caly iad .51 left. She Gke remarieo', ; "I THINK YOU'RE GOING CROOK ON ME because your mate was here last night. If you aiid Nicholls don't pay my rent I'll, put you up for the damage you did last night. I'm not .going to pay for it. I've just come out after serving a month and I'm d d sure 1 don't want to serve another." . . ...... To his Honor : On Thursday Mrs Falloon showed the men her : breast and arm, which were bruised, and there was also a cut bn the face. ' i To -the Crown : He wasn't a physician , and didn't know if the woman wanted a doctor or not. ' : ! ; This, was the evidence for the defence, and Mr Alpers, who described the case as an unsavory one and refused ..tov de-. fend the morality of his clients who spent sbhie, time m what Was uridoubtedlj?>.aftr6thel, addressed the jury, contending that they were riot responsible for the murderous assault and robbery

asciihcd to them. 'l'licre was not one tittle of eviddhec against Cotter cither m respect .of the assault or robbery. The jury acquitted both accused.