CHECKMATE FOR MARRIED MAN

NZ Truth, Issue 1229, 20 June 1929, Page 7

CHECKMATE FOR MARRIED MAN

BUT among "Truth's" wide circle of readers was one young man who knew the parties. •••■■-.--•■■. Reading over the girl's unhappy story, he discovered a point .m the de? fence which he claimed was not true, and his offer tb give evidence to negative the alibi set up by. defendant encouraged the ,girl to reconstruct, her case ahd make another, effort to. lay the blame on 'the right shoulders. With an answer to the •'. alibi and fresh evidence. which was not regarded by the girl as essential m the .first hearing, she again called Ivan Hammond, a young married farmer, of Long Bay", Akaroa, to court, and on the second occasion: she produced sufficient testimony to convince Mr. E. C. Levvey, S.M., that Hammond was responsible for her misfortune. Mr. Charles 9. Thomas,, with Mr. R. C. Abernethy, appeared on. behalf of the girl, and when he opened his .case j he explained<,to the court that further

Clue M "Truth"

evidence . had . been obtained, '■'■ and he was able to attack as. untruths, many definite statements made by the defendant m the firstf-mearingv "In the original hearing," con- , tinued Mr. Thomas, "Hammond swore an alibi rebutting the. girl's statement that they had gone together to Hagley Park on "a certain night last year. "The case was , very fully reported, m 'New Zealand Truth' at the time, ahd three days after ithe paper was published two young men called oh my client's father' stating that they had seen Hammond and the girl together on that- night, and offering to give evidence to that effect." Until April of last year, wh'en she came to Christchurch, the complainant, Gwen. Curry, had lived m Akaroa with her parents, who run a small dairy farm. . '*■"' „ ;. ■'. .-'. \ She was on friendly terms, with Hammond, a neighbouring farmer, and shortly before Christmas, 1927, their friendship deepened to the extent of indiscretion. The second occasion on which she alleged that -Impropriety occurred was one nigh^ after the pictures m Akaroa. iiiiiMiuniiiiiiiiiHmiHuiiiiiiiiiiiiiiiiniiHiiiiiHiiiHiiiuiiiiimiiiMiiiHiimniiiMiiniii

Hammond joined- her and her brother m the pictures half-way through , the programme, and when they left the hall, she. found that the bridle on her pony, which was tied m a lane, had been rei-qoved. I At Hammond's request she went up towards the end of the lane to look for it, and an- event happened before they returned and found the . bridle hanging on' a fence. ' When they got back to the horses, Miss Narby, the occupant of a house on the lane, was present and switched a torch on them. ' 7 • Tlie girl related that, on another occasion, when riding home at, night from Akaroa with Hammond and her brother, Hammond sent' her brother back to town to look for a youth named Harrison, and during the brother's absence he took her along, a side road. In August" last year, on a . Friday about the middle of the month, -Hammond was m Christchurch for the races, and that night he took her to Hagley Park. : - - The\.girl strenuously denied that im- ! propriety had occurred with anyone but Hammond. 7 v ■• ' She could offer no reason for not telling. Hammond of her condition. . when she. was out with him m . m August. ' She admitted that Len. Hammond, a younger brother of the defendant, had been m her company at- Kilmore Street m June of last year, but she had no affection for him. v Mr. Twyneham: Well, why did you allow him to come and' see ybu? • The girl : He wanted to, so I let him. ' He wanted me to marry him.' Asked why she: had. not thought it worth while calling her young brother and Miss Narby at the first hearing, the girl replied that she had forgotten about the. incidents, and they had since come to her mind. ■■'*•* Counsel: You wrote and told Len. Hammond you had' a boy m Christchurch! Who is he? ' ■■' The girl: There , was no .one, but : Hammond would not leave me alone. Evidjence that Hammond and the girl had been : seen together m the Farmers' Yards .at Akaroa about twice a week was given by Joseph Le Llevre, a youthful shop hand, who was employed m .the butcher shop^ where Hammond Avas working at the time, and also, by Mrs. Mary Wright, the : occupant of property adjoining .the yards. ' : '•''.' ' ' ', Mrs, Wright, .who knew the parties well, said she had seen Hammond assist the girl when mounting her horse, and had also observed many acts of familiarity between them while they were m the yards' together. ' Mr: Twyneham :7And what were you doing at the time? Mrs. Wright: Feeding the fowls. . .! - Having a look, eh?— l couldn't help it when it was going on under my eyes. Why didn't you tell the girl's father? —My husband told me it was no concern of ours, and to. mind -my own business. . Corroboration of the girl'.s story concerning the lane incident, after the pictures, and. the. night Hammond took the gjrl up the side road, was given by Robert Ryan Curry, a younger brother. The lane incident' was further corroborated by Sarah Narby, a spinster. who 1 has a small fruit orchard and garden near the picture theatre. iiiiliiiiiiiiiiiiiimiiiiiHiminiuiiiiiiiiiiiiiiiiiiiimiiiiiiHiiiiiiiiiiiiiiiii iiiwiiiiiiAiiiir

Young Girl Secured New Evidence, anil Sheeted Home Responsibility

&M* GRANTS ORDER AT SECOND HEARING

(From " N.Z. Truth's" Special Christchurch Representative)

When Gwendoline Curry, a young Christchurch girl, and a recent arrival m the city from Akaroa, courageously faced the flare" of 'the spotlight of publicity m her first attempt to lay the responsibility of the birth of her child on the shoulders of her betrayer, she was- disappointed, for the magistrate held that she had. insufficient evidence to support her story and her application for paternity orders failed.

She heard' voices m her private lane, and thought there was someone stealing walnuts from the trees m the lane. The pictures came out. that night at 10 o'clock, and at 10.40 she went out to see what the noise was about, and saw Ivan Hammond and Giwen. Curry coming down the lane together to where the horses were tethered. "I switched my torch on to Hajnmorid and said y Is it you tnat a up there,' and he covered his face, and made no reply," said the witness. Evidence was also given by the girl's fa titer', ' Samuel David Curry, a dairy farmer, of Long Bay Road, Akaroa. who stated •■- that, after learning of his daughter's condition, he first went to see Len. Hammond because he had written a. letter to him (Curry) stating that he had seen his brother Ivan with Gwen. near tlie Bridge of Remembrance, on a Friday night m August.

' i Would Marry

Curry said he did not 'accuse Len. of being responsible for the grid's condition, but later taxed Ivan witn it. Ivan tried to put the responsibility on Len. and said Len. would marry tne girl, but when Len. was seen later he denied any knowledge of it. Testimony m rebuttal of Hammond's alibi was given by Alfred George Bailey, a service car dnver of Akaroa, who said he saw Hammond and the girl together on the . Montreal Street bridge on the night of Saturday, August 18. He remembered the date because the . All Blacks • and the Springboks played the third test that day. "I knew Hammond was a married man, and after I saw lhe report m 'Truth' I went and told Mr. Curry, said Bailey. Alec. Norman Macfarlane, of Cashel Street, Christchurch. a passenger m Bailey's car on that night, corroborated Bailey's story. When Gwen. removed from Akaroa to Christchurch she took a position In the city telephone exchange where her elder sister Kathleen ; was also em-

ployed, and Hammond, m an endeavor to make an appointment with Gwen., happened to be greeted by the elder sister on the switchboard controlling the street slot telephones. ',' One morning during Winter Show week he allegedly rang from the slot telephone near the Beresl'ord. corner and' asked to speak to Miss Gwen. Curry.

"I recognised. Hammond's voice," said Kathleen when giving evi-. dence,- "and as I was just going off duty for a spell I switched him through to the retiring room and spoke to Him there.

"He asked: 'Is that you, Gwen.? What time do you knock off ?' " Kathleen asked who was speaking,

but Hammond, after further interrogation, rang off. ■ "I then watched the box from the window of the retiring room," said the girl, "and saw Hammond' come away from it." That night Kathleen watched her sister and saw her overtaken m Colombo Street by Hammond. ; They walked together to Victoria Square where they sat talking for some time. Some ;time later Kathleen accosted' Hammond near the Akaroa service car m Cathedral Square, but he denied ever having anything to do with Gwen., and denied also having rung her up from the street 'phone. When reminded that the case might be taken to court, Hammond allegedly replied that it would be. hard for him as the facts were all against him.

.- • - ■ / ■ ; ... ■ Signed Statement

Mr. Twyneham: You asked him for £200 or £300, didn't you? Miss Curry: Yes. '■ P was going to be married and •we intended going to Canada. I thought that we could take my sister with us and no one would have known of her trouble. ' At this stuge of the case Mr. Thomas called two witnesses, Len. Gilbert and John Leslie Halcrow, : whose names were mentioned m the first hearing by Hammond's counsel when he questioned the girl concerning alleged immoral relationships with other men. Mr. Thomas informed the court that he merely put them m the box so that defendant's ' counsel could crossexamine them, but Mr. Twyneham declined the privilege. . , ' ' The third witness called for this purpose, Leslie Alan Hammond, was cross-examined by Mr. Twyneham and admitted having been interviewed by Curry and having signed a statement that he had not associated with the girl. This constituted the case as put .for-'

ward, by the girl m support of her application. Hammond's defence was a flat denial of all the girl's charges and also of the stories as set out by her witnesses. He denied ever having been guilty of impropriety himself with the girl, and stated that m August w;hen he visited Christchurch for the races, -he; had spent the Friday night at- Fullers'* with his relations, and had stayed home on the Saturday night. Mr. Thomas: And you say that J ' the stories told by Gwen., Robert and Miss Narby are no£ true? Hamniond: Yes. Miss -Narby would not know me. " Do ybu ' know any .reason why Bailey should lie about- yo'y? — No, Or ,wiiy ypur brother Len. should write to Curry the night after he saw ypu and Gwen. near the Bridge, of Re r membrahce telling Curry that he was ashamed to own you as a brother and that you were old enough to know bet-ter?-—No. * Counsel 7 Your brother was courting this girl and Was trying to marry her. Why should he lie about you like this? Hamm ond : i don't know, unless he was mistaken; '•• *- Has Len. anythingxin for you? — No, but that letter sounds' a bit hot. . Mr. Thomas: You're quite right. That letter. was written by Len. before he knew that there was anything wrong with the girl. Hammond went on to say that Le Lievre's evidence was lies and that Mrs. Wright had never, seen him. At this stage he was interrupted by the magistrate. .7 "Something must have slipped," he said. "AH tliese people can't he lying. Let us have a little more frankness." Hammond made .,. no effort ■ tp - swerve from. his ; ,flat denial of all. the facts as set up by.thTe girl and - her witnesses -which prompted the magistrate again to invite him, to be more frank m his evidence. i "We have to. accept - some extraordinary things at times," he said, "but you will have to be a -little more frank if you want me to believe you." To Mr. Thomas, Hammond declared that Kathleen Curry was. lying about the telephone conversation and about tlie visit to Victoria Square. ' .7 Mr.Thomas: So you'brand about ten people as liars?- '. Hammond: Ye 5.,,,/ ;.;. -.^-.Y Mr. Thomas went on.- t<x inform the court that Len., the brother.had called on Mr. Tracy, m Mr. Thomas's ... office, and had told him that he riad'nothihg to do with the girl./: - Some time later he wrote to the father agreeing to, be. blamed for the trouble and offering to marry the girl. , Counsel suggested that the letter was written at the instigation of, the defendant, but this Hammond denied. -.. Leonard ' Cecil. Hammond, brother of the . defendant, gave evidence on similar lines to his story tendered at the-firsti hearing. : . He admitted, impropriety with the girl on. several occasions, and said he had been anxious; to marry her. ' •■' When he saw Mr. Tracy, he did not know that' his brother was being accused. He said he was hot certain whether he had seen, his broOiWr'ari'd. the girl lon'' the Bridge.'pf Rehvehibrance when he-

wrote the letter to Curry decrying hia brother's actions. -'■■; A number of- . contradictory--state-ments were made iby the -witness., and ■ Mr. Thomas significantly- informed? the' court that he preferred not to •persist; with his cross-examination s . "■:'* -'■■■"■. '■'. '•;' 7 James Harrison,* an 'employee' of the defendant Hammond, told the court ' that he liad been gtiilty of imprPprlety with the girl on several occasions 'abdiit the time she alleged Hammond was re* : sponsible. ' y , -•■•_;• > .7; - This statement raised, the, coimment from Mr. Thomas thjit 'Harrison .Was. himself running;: no risk once tlie; girl , had 7swpri*7her complaint. .'".' 7. .'•■ [1-77 ." Alfred Le Lievre, a farmer, , living' next door.' to ;tho . J*)Utch'ej£shbp- m" which Hammond wdrked/.was call-, ed to. state .that he had seen ..no

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\ -■■■•"' •";;- .-'_ r ;7.. ,:.77-7., '.■■■H'- i acts of f am i l iar Lty r between 7 H am ■• r mond iand. .the .girl,- and he .visited- ■; the shop probably otwelye times a 'day*} ■■; ■'-.-■ .!:';-:•■ !..-,7rt? ! /.;v;'-v- ■ v, yv-- ••• Heriiad never 'seen feeOn tne Farm"-' " ers* Yards, with :|van, i but' had 'seen her coining out of the bush ■with. Len.'7 ' ; '?>-: r ' ' Mr. Thomas : You are connected with-' the Hammonds? - v 7 7 - , _ Le vLievre:- That's got nothing t6''dor r with you..- ' ■' "">. '' .;-...; . ■-■''■.''7;' 777 7' The '-Magistrate:: ' Answer- tlie ques-* tion. '„ ■'■:'•'•'-.•' ''. ' ,;•'.-'" • 7 ■-, .7-. .*-. .- .Le Lievre ..'-.. (hesitatingly) : r* .Well, *.I married aTHanimohd. v 7 . : ' ; 7 , The Magistrate:, Stand down. Reviewing tne case wjieii ; he-, gave judgment three days after the hearing, Mr..Lievvey pointed to the additional evidence brought in'" the' second hearing, and .'" said' he 'was" satisfied that corroboration Was' sufficient to justify him making an order" against Hammond.: "I A ■'-"..' "'' ..Y'A *v/ ". ' ' 7i" ; " V Harrison's evidence 7 was open to doubt m view of the. girl's tcontradiction, .while the evidence of Len. Hammond waa either a concoction or th© suggestion of a strong mind- on a weaker mind. ".'■'■'* ■"'-.".. •' ''■■'■Hammond was adjudged the father of the girl's child and was ordered, to pay 12/6 per week towards, its support. iiMiMiiiiiiiiniiiniiiiiiiiiniiMiinii'iiiMMiiiiiiiiriiiiii'iiiiiiiiiiiiniiiliiiiiiiiiirMiniiMUt