LETTER TO "DEAR AGNES"

NZ Truth, Issue 1147, 24 November 1927, Page 10

LETTER TO "DEAR AGNES"

Midnight Attack

When Winter Arrived, Spring Was Too Far Behind

THE LURKING FIGURE IN THE GARAGE

| (From "N.Z. Truth's" Special Dunedin Representative.) -.„ | | Ihthe words of the melodramatic fiction writer, the night was § 1 dark. Very dark, indeed. The little motor-car had purred out 1 1 the even distance from the dance-hall to the garage. A figure | | descended to open the garage door when a swift scurrying sound, | 1 followed by a well-directed blow with a crooked stick, gove a | 1 briskness /q the early morning atmosphere. I ?rfiimiiiiiiiiiml»niiiiiiimiiiiimiiiiiiiimiiiuiiiinm

THE only real drawback to the whole business was that the lurking figure had gleaned up the wrong man. Lilfe has many surprises. And while the air was thus surcharged with* etoush, Herbert W. Winter, who was to have been the objeotlve for the business end of the adaptable shillelagh, • sat unconcerned , an* motionless at the wheel. Whether Herbert W. Winter really deserved what was intended for him might be a. matter of general conjecture, but m point of law he should, of course, be allowed to go his way unmolested. Now, the wielder of the Instrument of discomfort, to wit, Alfred Simmons, a quite respectable citizen of Dunedin, had admittedly/ launched his nocturnal offensive unknowirigly against the wrong person — a gentleman, named Evans, who was a passenger with Winter (from the idance. But what he' did claim, through Lawyer W. G. Hay, when charged the other day before Magistrate Bundle, with assaulting David John Evans, was that : Winter had given him considerable provocation by his surreptitious attentions to Mrs. Simmons. That, was why he waited in '.the stilly night. That was also why .Winter did not come and the spring was far behind. Seeing the ' state pfVthe market' and probably realizing that after the' stickplay there "was safety m numbers, Winter gravely climbed down from the wheel and*— with 'Evans — "gave Simmons a chance to go away . . : but he would not, so we got the police."

From Winter's point of view, though, that little act. Of calling the police and having Simmons charged with as-, sault was not destined to show him up very , favorably when s the whole thing was thrashed out. Simmons pleaded not guilty at first m order to get Winter m the box against him.

Then, after soolingr Lawyer Hay on to him to. such an extent that he was obviously shivering — as a Winter ls probably entitled to — he pleaded guilty. Thus the whole truth came out.

.Herbert ,W. Winter, called to give evidence against, the accused, said be was a carrier, residing m tne North ! East "Valley. , ■ ..' | He had gone to the dance at Mt. Carglll on October 29, m the company of Evans and several others. They returned to the oarage between 1 and 1.15 a.m.,' when Evans climbed down to open the door and reoeived the blow with a atlok. Winter went to Evans' rescue. As Simmons was still disinclined to go away when given the opportunity, the. police were communicated with. Lawyer Hay (to Winter),* You are a married man?— Yes. ■+ 'With a wife?— Yes. Living with her?-~Yes. y And you told this man to, go away, did you?— Yes, I gave him a chance. Of course, you did 1 not want any publicity, did you?— Er^-no.. Why?— l did not say I did not want any publicity. Well, you did not, did you 7— lt wouldn't have mattered.. You know this man's wife, Winter?— Yea. v ' * You know he has a -wife and family? —Yes.'' '■ v.--And you have caused a good deal of trouble, haven't you ?— No. . Have you ever taken his w^fe away alone m a motor-car?— No. Have you ; ever taken her secretly down town without his knowledge ?— I have seen her m the street. Have ydti met her by appointment? —No. ■ . „., ' 'v< Have you ever been to dances with her.?— She has been one of the party. 1 Have you taken her hon,e ? — No, she has gone. by. herself. .- Have you' ever written to her m

■ Running after you?-r-Well, In a way.

What do you mean? That you were running after her, she was running after you or you were both running after each other ?— No, I could not say that Winter said he was "not the only one" that Simrnons had accused. "What about letters from others?" Counsel: You try. and look after your own affairs, Winter. I think you will find that quite enough for, the present. Now, aren't you thoroughly ashamed of yourself? —No, I have done nothing to be ashamed of. ) Lawyer : Hay explained.- that his ollent was a married man with five children. Winter had come Into his life as the objectionable triangle and although Simmons had no legal remedy there was .a good deal of "understandable provocation." He was broken down m health and hlB nerves were very bad. . ' "I have advised Simmons to -get right out of the district if he can," said Lawyer Hay. 1 "To get into another atmosphere completely away from this man, Winter. Ha* , agrees with me and is trying to arrange Ijk." The magistrate said he was not very much, impressed with the veracity of the witness, Winter. He had stated, for Instance, and very emphatically, that he had not written to Simmons* wife, but had to admit it when the letters were produced. However, m spite of what might have been the relationship between Winter and the other man's wife, Simmons was not justified ln taking the law into his own hands. It was fortunate that no serious damage was done. All things considered, the S.M. thought the ends of justice would be- brought together if Simmons' was convicted and merely ordered to, come up for: sentence If called ,upon within twelve months.

oiroumstancea m which her husband knew nothing of? — No. "Do you swear that?: — Yee. .. - Did you write this? (A letter produced)— No. s What, you aay that that la not , your writing? — Yes. '1 would like your worship to kindly take a note of what this man saya." "Well, yes. I did write that," Winter acknowledged. I see you say! "Don't forget to tear this up." — She wr*ote to me. And you promptly replied telling her to tear your letter up?— She wrote to me about a certain thing and I replied. You have been pestering this woman, Winter, with your attentions? — No. Is it not a fact that you have practically broken up their home? — I have done my best, always. Tea, by doing your worstl Here we are (reading): "Dear Agnea, Just a line m answer to yours. "Very sorry about last two days, was working ..'and too late to get back. "As far as calling yourself a fool, I think the case Is fifty-fifty, but you know the position I am placed m regards, getting away, etc. .. . . "So I have come to the conclusion the best thing to do is to drop the. business,- as you call it, m the meantime . . ," Now, what's the "business" you speak of? — It's just an ordinary letter. I was referring to her writing to me and running after me. What did you mean by: "So far as calling yourself a fool, I think the case is about -fifty-fifty?" — Well, I meant that if she called herself a fool, I suppose I was a fool, too. (laughter). Really! In what respects were you both foolish, though?— ln her writing to me and my answering it.

But you have been the cause of It all? — No, she was writing 1 " to me and running .after me.