"WILL BE MURDER THIS NIGHT"

NZ Truth, Issue 1276, 15 May 1930, Page 8

"WILL BE MURDER THIS NIGHT"

Clergyman's Wife Tells Sensational Story of Husband's Weird Acts and Threats DECLARES HE RAVED LIKE A LUNATIC

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

Remarkable evidence was given before Mr. F. H. Levien, S.M., when the Rev. William John Tremayne Thomas, described as an English Wesleyan missioner, proceeded against his brother-in-law, Percy Wilfred Waite Johnston, of Birkenhead, for assault, the minister's wife alleging that one night her husband had grabbed her by the throat and shrieked out, "There will be murder this night." There were many sensations m the evidence of Mrs. Thomas and her friend, Miss Mitchell, and at the ' conclusion of the case the magistrate expressed the opinion that m taking Thomas to the police station on the night of the alleged assault Johnston had acted correctly and with justification.

IN his statement of claim, Thomas, who Ava's represented ,by Mr. J. J. Sullivan, alleged he had been assaulted by Johnston on the night of January. 29 last and as a result now suffered from headaches and dizziness, Avhich he alleged Avould be lifelong. He claimed general damages .of £150. The assault Avas denied by Johnston, for whom Mr. W. E. Stihvell appeared. "Thomas is an English Wesleyan missioner,"' said -Mr. Sullivan. "He married, about three years ago, John-ston's-sister. At the time of the marriage, Johnston owed his sister about £150 and Thomas asked her to obtain this money. Her failure has a considerable bearing on the present circumstances.. "After 10 o'clock on the night m question, Thomas Avas m bed Avhen Johnston and his father-in -laAv, named Houlihan, entered the house. Thomas got up and was struck on the head with a club by Johnston. He Avas afterwards dragged off to the local police station on the ground that he had been knocking his Avife about. "At the station, he charged Johnston Avith assaulting him, but the latter took no notice of the charge and did not even deny it. The constable went to Thomas's house and the matter Avas apparently smoothed over. SOME ILL-FEELING "At any rate, husband and Avife are still living together, and I submit that if Johnston Avished to get his sister aAvay, he could have persuaded her to take court proceedings. Other side issues may be introduced by the defence, but this case concerns the assault only." A short man of dark complexion, Thomas told his version from the Avitness-box. He claimed that his Avife, Avhen they Avere married, promised to help him financially m his work, and he had urged her to obtain the money owing to her by Johnston. This had given rise to ill-feeling between Johnston and himself. On the particular night, he Avas m bed on his front verandah, and, hearing a noise m the living room, went to see Avhat Avas the matter, thinking a cat was responsible. Immediately he entered the room, which was m darkness, he was hit Avith a baton by Johnston, said Thomas. It was attached by a strap to Johnston's wrist. "Johnston called out to me, 'Come on, you black ," Thomas went on, "and then he and Houlihan dragged me through the house on to the back lawn m my shirt tails." "You say he called you a black ?" asked Mr. ' Sullivan. "As a matter of fact you come from Cornwall, which accounts for your dark complexion, and have not a drop of black blood m you?" "That is so." Continuing, the missioner alleged Houlihan said they had better get his (Thomas's) clothes and Johnston replied, 'All right, I'll Avatch him,' at the same time swinging the club m a menacing fashion round his head. "I had to dress on the lawn,"* said Thomas, "as Johnston would not let me go back to the house. Then they started to take me to the police station, and all the time I was drinking my blood, which was flowing from the cut on my head, inflicted by Johnston with the club." He described how he hung on to a neighbor's fence, and called out for' help. The neighbor came to the door, and Thomas pointed out the Avound on his head, but Johnston said they were takjng him to the police and the neighbor retired again. DOG VERSUS GOAT It was two miles to the police station, said Thomas, and when he got there his shirt and undervest Avere soaked with blood. He produced a bloodstained shirt for Mr, Levien to inspect, but the magistrate promptly asked him. to Avrap it up again. Thomas said Johnston knocked up Constable SnoAV and stated that he had brought witness there because he was knocking his Avife about. SnoAV agreed, to go doAvn to Thomas's house, but when he got there he AA'as satisfied there was no danger and left. "When I charged Johnston Avith assaulting me," continued Thomas, "he made no reply.". Thomas claimed as a result of the assault he Avas much deafer than formerly, and also suffered from continuous headaches and :from dizziness. On February 4, he said, m reply to his counsel, Mr. Sullivan sent a letter claiming damages. On. the 12th, a reply AA r as received from Johnston's solicitor, Mr. Stilwell,'; saying that Johnston entered the house ait the invitation of Mrs. Thomas, and any injuries received by Thomas Avere inflicted m self-defence. "That reply was untrue," declared Thomas. "I asked Johnston at the time why he struck me and he replied, T was taking no chances. I learnt not to m the army." A further assault which was alleged to haA'e occurred on April 4 AA'as referred to m a second letter from Mr. Sullivan to Johnston. Asked to describe it, Thomas said he was Avaiting at the bus stop when Johnston came along with a dog. Johnston said. 'Hei-e you are, you black — — .- I kneAv I would get you. If you bring this case to court, I'll pulkyour liver out.' When Thomas, replied he had been mai-ked already, he declared that Johnston smacked him three times across the face with his hand. ,; /'That Avas the third time he-had.as-saulted me," continued Thomas. "The other occasion Avas a good deal earlier. My son AA'as quite a baby then, and although Johnston Avas a dairyman, he would not give us any milk, so I had to get some goats. "I was bringing one home after dusk, as I did not want to be conspicuous, when Johnston came, out and set- his dog on to the goat . Which/ 1 had on a cord. The goat was upset and ran round me,'entangling me m the rope. Johnston came up and swore at me and assaulted me." ...... Cross-examined by Mr. Stihvell, Thomas denied he had told counsel, m an interview with reference to his

brother-in-law's debt and some time before the assault, that he was then suffering from dizziness. . Mr. Stiiwell: You explained you could not carry on your missionary work? — Yes, but not for health reasons, for financial ones. How long- is it since you did any real work? — I work- every day on my place. , 1 mean m connection with your calling? — About. six months ago I was working down at Ashburton, but 1 had to give it up as I couftl not afford to carry on. You say that scar on your- forehead, Avhich you claim Johnston gave you, will be there all your life?— l'll leave it to you as a legacy if you like. Did you not bump into the hallstand m the scuffle? — We have not got one. You had an altercation with one of your goats a day or two before, this incident? — AH my g6ats are tame and tractable ancl I can do anything with them. /

Well, if Miss Mitchell, Avho'lived at your home, says you got tangled m some barbed Avire and Avere scratched by it and also butted by a goat. Avhat Avould you say? — I Avould say she Avas a mental clefectiA r e. Where had you been that day? — I had been haymaking at Birkenhead. Did you have a drink or drinks m the hotel?— No ,l have occasionally had a drink, but it does not affect me abnormally. I wax given a bottle of beer to take home to my Avife. Constable Snow, of Bir ke n head, then related howhe had been railed up by .Johnston early m tho morning of January 30. Thomas had dried blood on his forehead and on his shir t. Johnston made no reply to Thomas's accusation of assault. The latter, said the constable, Avas extremely excited. In reply to Mr. Stihvell. Snow stated that he accompanied the party back to Thomas's house because he Avould not take the responsibility of alloAving him to go home alone m the condition he' Avas m. . Mr. Stilwell: What do you mean by that expression? — I had the impression that Thomas was under the influence of liquor, as he was very thick m his speech. I taxed him with having had liquor, but he denied it. When he got to the house, continued the constable, Mrs. Thomas alleged her husband had assaulted her, Avhen .she Avas m bed, by seizing her throat. "I did my best to pour oil on the Avaters," added Snow, and they Avent to bed, after Avhich I left." He added that Mrs. Thomas Avas highly-excited and nervous, and appeared to be m great fear of her husband. . "There, was a glass .of beer under the bed," -said SnoAV, "Avhich. she said Avas the cause of the quarrel, because she refused to drink it." He was ouite satisfied that Thomas had been drinking. ; Re-examined by Mr. Sullivan, the constable said he did not ask; Johnston if. he had assaulted Thomas, as, although he saAV the blood, he 'did not think It Avas any concern of his. That concluded the case ■ for the plaintiff. Opening the defence, Mr. Stihvell said that his letter, m reply to Mr. Sullivan's accusation, shoAved the basis of Johnston's defence, namely, that he went along at his sister's request and . that any injuries received by Thomas Avere inflicted m self-defence. "WITHOUT A SOUL" It would be shoAvn that Thomas had grievously assaulted his wife prior to Johnston's arrival and that, she Avas forced to seek assistance. Mrs. Thomas had volunteered to give such eA'idence. When Johnston entered the house, continued counsel, Thomas .rushed wildly at him, and Houlihan had to lend assistance m. subduing him. No baton or club was used at any time, nor did Johnston teven use his clenched fist. "I think your Worship Avill consider Thomas to be a humbug," concluded Mr. StilAvell. "He may be a humbug," said Mr. Levien, "but he certainly received something that night, though lioav is not yet clear." ' . I The first Avitness for the defence Avas Miss Rebecca Ryans Mitchell, Avho said she, had had nursing experience ancl Avas living Avith the Thomas's. On the evening m question, she said, she Avas awakened by the loud talking of Thomas. She heard his Avife tell him to go to bed. "He' Avent out on to the back laAvn," said Miss Mitchell, "and cried out, 'O Lord, have mercy on me. I have n\arried a woman Avithout a soul.". Later, Mrs. Thomas called out to .her Avith - piercing shrieks. .She Avent 1 to Mrs. Thomas's room and saAV Thomas holding his Avife by the throat. "I pulled his fingers away as best I could," continued Miss Mitchell, "and he pushed me up against the wall and grabbed my throat. Mrs. Thomas came to my-rescue, but her husband sent her reeling back into a chair. Then he seized her neck again and said, 'You are going to leave me. Out you go, but you will leave the child with me." , "L said, 'No! You cannot take the child' from a good mother,' and he rushed at me and lifted me off my feet and threAV me to the floor. I hit a box m my fall and AA-as Avinded. "I then crawled out on to the

lawn to rest by a bush, but I heard Thomas shout to his wife, 'I've made short work of her'!" Miss Mitchell said she then, at Mrs. Thomas' request, made her way to Johnston's house, and aroused Johnston and Houlihan, who also lived there. She went back to Thomas's house | alone, as all was quiet, to see if everything was all right. Mrs. Thomas asked her if her brother had come, but as the trouble seemed to have died down, she replied he had not. "Mrs. Thomas got m such a s^tate, that I told her I had brought him and I went back ancl fetched them up," continued Miss Mitchell. "Mrs. Thomas asked them to come m ancl take her husband away." According to witness, Johnston first entered, followed by Houlihan and herself. Thomas then rushed at Johnston and struck him on the head. A heavy hall-stand fell, ov was knocked over X by Thomas iri his _____________ rush, and the light

— a candle — was put out. In the darkness there was a scuffle, and then she saw Thomas being marched out of the house by Johnston and Houlihan, who each had hold ol him. 'I 1 hat was the hist she saw of Thomas. though Houlihan name lmck for his clothes. At no time did she see Johnston with any weapon. Mr. S til well: Thomas claims to suffer from headaches and di;fcinpss since this happening. Have you any comment to make on that? — ft. is perfectly ridiculous. 1-T i fi wife told mc he had thcin before I went to live there. Tn xcros.s-exam-ination, Miss Mitchell told Mr. Sullivan that Johnston did not want to come, to the house. It was only on her urgent plea he agreed to do so. .She told Houlihan "he had better come, too, as Thomas seemed tc be quite mad. Mr. Sullivan: Which of them had a stick? — Neither Why are you so certain?— Because 1 went up there bare-footed and they lent me some shoes. On the way bacl< these came undone and Johnston used both hands to do them up again. 1 should have seen if he had a stick. Why did you go up alone tc Thomas's house first? — Because everything was quiet and I wanted tb avoid any more trouble, if possible. It was further- stated by Miss Mitchell that she knew of no previous trouble between the two men. anc that when the candle was knocked ov'ei there was still a dim light from Mrs Thomas's bedroom, which enabled hei to see something of what was going on She was sure Mrs. Thomas told hei brother to go m and take her husband away and also told Houlihan to enter Thomas was not struggling when he came out of the house with the othei two. To the, magistrate, Miss Mitchell said she could not recollect what, ii anything, was said m the scuffle Thomas would know the others were there, because when Johnston entered the house he " called out "Thomas where are you?" and Thomas immediately rushed through a door at him. A tall woman, dressed m black, Mrs Henrietta May Thomas said that a1 the time of her marriage she was owed some .money by her brother, Percj Johnston, with whom she was ther living. She promised her husband tc help him with his missionary work and several times requested Johnstor to let her have her money, but he was unable to. She borrowed £70 from anothei source, but she did not consider thc money had anything to do with thc alleged assault. On a previous occasion, her husband who was very highly strung, had hac a very trying day at business. He came home very tired, and seemed tc lose control of himself, and threatened to poison her. On the particular night m January her husband did not return till she was m bed. He brought her a glass ol beer and insisted on her drinking it but she only took a mouthful. Her husband denied having had any drink himself and began to say she had ruined his life. He told her she must go m the morning though she must leave the child behind. "He raved like a lunatic," said Mrs. Thomas, "and going outside, said, 'There will be murder this night.' He then came m and seized me by the throat, shouting, 'You life-wrecker." She called for Miss Mitchell, but hei husband threw the latter out, so witness sent her for her brother, who lived nearby. Her husband was m ' bed on the verandah when the others arrived, and she was m her own room. She did not see anything of the scuffle, though she could hear it. She saw no weapon at any time. In the morning she bathed and dressed the cut on her husband's forehead, but as there was no swelling or bruising, she did not consider it the result of a blow. Referring to Thomas's allegations oi headaches ancl dizziness, Mrs. Thomas said he had been suffering from them for two years. "He is a nervous wreck," she said, "and is practically demented at times. Two nights after this incident he came home intoxicated, and I have noticed him apparently under the influence of liquor on more than one occasion since then r though he never was before." i

"You lived together fairly happily until two days ago, did you not?" was Mr. Sullivan's first question. "Yes, but his actions after the first i day's hearing of this case forced me to leave him," replied witness. Mr. Sullivan: Will you return to him? — I will not under any circumstances. . Her .voice rising until she was shouting, Mrs. Thomas continued: "My husband wanted me to meet him m your office, Mr. Sullivan, at the end of the case, but I would not be found dead there. I am particular." "I am sure I do not wish to see you, either dead or .alive, madam," replied i Mr. Sullivan quietly. - "Apparently your husband is not the only nervous and excitable person m your house," commented' : Mr. Levien. "Do you shout at himj like that when you disagree?" "No.' I talk quite quietly to him," said Mrs. Thomas m her normal voice. "I know how to manage him and I love him." At this point, Thomas broke down and wept quietly for a few moments, but soon wiped his eyes and resumed his intent attention to the case. WAS TERRIFIED After describing Johnston's arrival, m which she differed m a few minor points from Miss Mitchell, Mrs. Thomas said she heard her husband getting up, and almost immediately afterwards the crash of the hall-stand falling. She heard nothing else. "My husband should be- m a rest home," she said;, ','he is almost deranged." In re-examination, Mrs. Thomas stated that she sent for Johnston because of the threats of murder and bloodshed made by her husband that night. Mr. Levien: "What did you mean when you told your brother to "take your husband away"? — I meant to Constable Snow. "Why? — I had never seen him m such a state before, and I was terrified of him. Well, why did you stay on till two. days ago? — I felt safe knowing the -police knew about him. Besides, I could not neglect my home.- And on the other nights when he returned intoxicated, he was not nearly so bad. I have never seen him intoxicated before that one night. Percy Johnston said that when Miss Mitchell aroused him at midnight she was m her night attire and m a very agitated condition. She said she had ■ been assaulted by Thomas, who she ; thought was raving mad and would i murder his wife. Taking his father-in-law, Houlihan, with him, they accompanied Miss Mitchell back to Thomas's house. Told by his sister she . thought she • was m danger, and invited m, Johnston said he knocked on the livingroom door and called out: "Are you ; there, Thomas?" The door was aiar. and. as he opened it, Thomas dashed at him and struck him. The stand fell over and the candle went out. "I ducked and closed with him," Johnston went on, "and called out to Houlihan, who said he had got . hold of Thomas's hand. I grabbed the other and we marched him out. He only struggled for a few seconds. As Thomas was muttering threats ■ about killing somebody, Johnston said - he would not take the responsibility i of letting him back into the house, . but took him up to the constable after i he had dressed. TOOK A WITNESS ; He denied there had ever been any ' other assaults on Thomas, and said he [ rather tried to avoid him, as he was | not anxious to have a row. , "At no time did I have a weapon of any kind," Johnston declared. To Mr. Sullivan, Johnston said he ; had never had any time for Thomas, ' and had even ordered him off his pre-, mises when Thomas was courting his sister. He did not think he was a 1 suitable husband for her, but she had ' thought otherwise. ' "All he could do was eat," he said, \ "and as he would not do the least ' little job I told him to keep away." He had never sworn at Thomas, nor^ threatened him. [ Mr. Sullivan: Why did you take ! Houlihan ? — As a witness, m case Thomas made any more accusations I against me. ; Was it not so you could have some- ' one to say you did not strike him if 1 you happened to? — It was not. He took no notice of Thomas's accusation at the police station, said | Johnston, because the man was m such ', an excited condition. * He did not think the cut was a serious one and did not. know how it was . .sustained, but Thomas probably knocked his head on the stand. Anything he did to Thomas was m selfdefence. After corroborative evidence of Johnston's testimony had been given by Frank Houlihan, both counsel briefly addressed the court. "The main point," said Mr. Levien, m givine: judgment, "is whether, assuming Thomas closed with Johnston, the latter was justified m removing him from the house and taking him. to the police. There is no evidence m my oninion to show Johnston struck him with a weapon, although m his highly excited condition, Thomas may have thought he was hit with a stick. "I feel confident Miss Mitchell's story to Johnston was sufficiently detailed to arouse his anxiety, which was increased by his sister's urgent request to remove her husband. Both the constable and Mrs. Thomas say her husband was under the influence of liquor, and I consider his state of mind justified her m sending for assistance. "Taking everything into consideration, I do not hesitate, m saying they were justified m what they did." At this point Mr. Sullivan said he would accept a non-suit, but the magistrate over-ruled his application. In ' giving judgment for Johnston with costs, Mr. Levien said: "I should be sorry to think anyone m the cir"cumstances would refrain from taking the steps Johnston took."

N.Z