SYMES ON TRIAL.

Pahiatua Herald, Volume XLIII, Issue 13089, 24 October 1935, Page 5

SYMES ON TRIAL.

TE MATAI SHOOTING.

FOUR CHARGES TO FACE. Facing four charges ns the outcome of an incident which occurred oil July 24 last at Te Matai, Manley Symes, a labourer, aged 22, of Paliiatua, appealed before His Honour Mr Justice Smith, in the Supreme at Palmerston North yesterjjTday to stand his trial. The charges against accused were as follow: (1) That-, with intent to do grievous bodily harm to one Sylvester Charles William Campbell , he did actual bodily harm to Elsie Flizabeth Symes. (2) That lie did assault Elsie Elizabeth Symes so a, s to cause her actual bodily harm. (3) That lit l did cause actual bodily harm to Elsie Elizabeth Symes under such circumstances that if death had been caused, the accused would have been guilty of manslaughter. (4) That he did assault Elsie Elizabeth Symes. Mr H. R. Cooper conducted the case for the Crown, and Mr J. M. Gordon appeared for accused, who pleaded not guilty to all charges. The jury were empanelled as follows:—Messrs N. H. Sinclair (foreman), R. A. McCulloch, J. Fox, C. P. Wackrow, S. G. Martin, G. Geokio G. W. Potter sen, F). T. Sipring, R. W. Stubbs, K. Fraser, R. H. Roberts and W. Toohey. Outlining the c-ase, the Crown solicitor stated that it concerned the old story of two men and one woman and of a husband who, getting to some extent beyond control, took the law Into his own hands. He had meant- to wound Campbell, missed him and shot his own wife with very serious results ; inched, medical evidence would show that Airs Symes was very fortunate to be alive today. Undoubtedly Campbell and Airs Symes had been too friendly. The f rown solicitor added that the jury had to do their duty according to their finding of the facts., and if nccvised was found guilty no doubt any "mitigating circumstances, would be taken into consideration by the Court. A! E DIC A L EVIDEXCE. Evidence was given, bv Or. AY FI unter \A ill of being called to attend Airs Symes. Accused, who was present, appeared to be upset, and informed witness that, being suspicious of what was going on outside he had gone out with a rifle and accidentally >hot his wife. Air J. H. North (medical suj>eriiitondent of tin* Palmerston North. Hospital), stated in evidence that when ail operation was performed on Airs Symes after her admission at. a.bout 7 p.m. on July 24 ten internal puncture- wounds, all of which I eoulcl have been caused by one bul- * .lot, which was not ltcovered, were Ipund. Airs Symes Lad made a very good recovery, and it was unlikely that she would be effected later by the injury. Such w minds were very often fatal and Airs Symes was iu danger for some days after the operation, there being considerable doubt then, as to whether she would recover. Elsie Elizabeth Symes, wife of accused, said she was 20 years of age. About July 14 she had come from Pahiatua to spend a holiday with relatives at To Matai. Campbell having driven her over. She knew him prior to her marriage, when he was a captain in the Salvation Army at Pahiatua. He did not now hold this* position, but lived in Palmerston X.and had a grocery round when the shooting occurred. Campbell became very friendly with witness, and her hicband objected. Campbell used to call at Te A 1: tai r.early every day and took witness out in his car several times a!om*. Her husband had objected when sin* returned late. The day before the alleged occurrence there wa., a ‘"kind of conference" after te;*. at which Campbell t accused. Charlie Hendricksen and ■witness were present. During the ensuing conversation Campbell askecl Hendricksen to leave the room. Before he left the lattei asked if there had been any love-making between witness and Campbell, and th.-y both replied “No.” Later Campbell said to accused: "I love Elsie and she loves me ll yon breathe a word to anyone I will kill yen. even if I have to swing for it. * After supper, during which it was pretended, on the .suggestion of Campbell, that the quarrell had lx.*en settled, Campbell was brushing witness’ hair while they remained talking. Campbell left at 11.30 p.m.. accused (ranking the car and witness and Campbell kissing each other good-bye. When she went inside a. few minutes after her husband, the hitter had a rifle and said In* was going to shoot himself, because witness was “carrying on” with Campbell Witness told him not to be silly and took the rifle from him. after which they went to bed. Next day Campbell came to lunch. Witness found her husband who was sick in bed, in a faint, but la* came round sifter being given some water and painkiller. Witness then lay on the Led by her husband and Campbell sat on the op|K>site side holding her hand. Her husband dir! not say anything, but she could see lie did rot like it. Continuing, witness said that after aiternoon tea she went out to the car in the back yard with Campbell, who wanted te show her a. letter. I bey sat in the front seat for from half in thr< c-quarters of an hour. Next she -aw her husband coming from the back door towards the car with a gun pointing towards the ground and held across the front of his body Witness wa s ordered

out of the car and Campbell followed her. Her husband backed towards the house*, with Campbell still about a yard behind "her. They all stopped near the back porch and her husband calk'd out to Campbell; “Oh. you coward, hiding behind a woman's skirt.” Oanij bell pushed witness aside and rushed at her bus-

band. She was then hit in. the stomach ancl fell, Campbell then being about four yards from, her husband Campbell said to her husband: “I told you what I would do to you if you hurt her.” Witness then heard a struggle and said to Campbell : “It’s all right, captain, I am not dead yet ’ ’ Subsequently witness cousins came. She was taken te hospital, and was now back at Pahiatua. living with her husband.

Cross-examined, witness said that. Campbell had been expelled from the Salvation Army when he visited her at Te Alatai. She had been informed it was over something to do with a girl of 15 or 16. Campbell gave witness away a.t her wedding, way her spiritual superior and religious adviser to both herself and her husband, and pretended to be a close friend. He had a. dominating influence and said he had won medals for prize-fighting as a youth. It would be incorrect if Campbell said the delay in getting back with w itness in the car after a. trip was due to shortage of petrol, or visiting late customers. The real reason, for the delay was something, entirely different. After the “conference” Campbell had brushed her hair with a brush and it took him some time. He did not merely touch her with, bis hand. Campbell had threatened ■Symes a week before they were married. It. was incorrect that Campbell did not place his aims round her or kiss her when he left that night Her husband had been feeling the position very acutely, and spent a sleepless night. When her husband came out. with the rifle to. the car bo* could have shot them both quite easily from the back had he wished Campbell could have driven off and ended the whole affair, but instead, got out of the car and followed witness. The rifle was never pointed at either witness or Campbell at any stage of the proceedings. reference; to letters.

A\ itness said she had received a. letter from Campbell, dated September 9, just before the Lower Court hearing. This, stated.—“ Hear Airs Symes: Excuse me pestering you with this letter, but I have been requested to get- a written statement from you to the effect that you will stand by the statement which you made at the court-martial, and to. the effect that there lias never been anything between you and me. This matter is urgent. I remain, your friend, S. Campbell. “P.S. : The court-martial will be opened some time later.”

Witness said it would be incorrect to make a statement that there had never been anything between; them. AVhile her husband was locked up, Campbell had sent her flowers

and letters ill the Hospital. One of these letters stated: “If you say that there, has been anything between us my character will be ruined.” It asked witness to deny everything. Another said: “If you admit anything you will have the finger of scorn pointed at you when you go l>ack to Pahiatua.

His Honour (to counsel) : How are you going to make this relevant '? Air Gordon : It E attacking the credibility of Campbell,, who is the main witness.

His Honour*. T cannot allow this to go on. It is net evidence. J UDG E 1 XTERVEN.ES..

Sylvester Charles William Campbell was the next witness. Tie gave evidence concerning his friendship with the Symes before their marriage. He stated that at the* “conference’’ held in the house he remonstrated with accused concerning his treatment of his wife. He had told accused the latter had annihilated his wife’s love and affection by attempting to strangle her, placing her on a table and smacking her beforel ; i number of single men, and burning her cat’s tail through to the bone. To Charlie Hendricksen. who bad asked Airs Symes if there had been any illicit love. Airs Syine s had : “Certainly not.” Her husband had said hi- wife had lost her love for 1 uni. and asked witness how be could regain it. Witness had replied* “That is your own business. Aou have lived with the woman, for IT months and vou ought to know her.”

H.is Honour interposed that much of this was not evidence and was not in the depositions. The Crown solicitor said sonic of it was news to him. Witness continued that he had reminded accused of a little scene at Pah,iatua. a week before the marriage, and said all he was concerned with was the couple’s happiness. Later, when witness was leaving, ho shook hands with Airs Symes. who refused to release his hand. threw herself en the running board of the car. and said she v\a s terrified. Witness then went. Next day In* called on the Symes and found tin* husband ill. Witness sat on the bed and accused said he had dreamed a. strange, vision. Witness read bur. a passage from, the Scriptures at bis request. When All’s Symes and witness were sitting in tin* car outside later in the afternoon Symes came out with the rifle and said something to tin* effect: “You have had your last chance.” Symes had the rifle at his shoulder in a. firing position and appeared to point it. at Airs Symes. Witness described the firing of tin* rifle and the subsequent struggle. Symes then said he would secure a. shotgun and shoot Campbell. but was next seen running through the orchard NOT EXPELLED.”

Cross-cxaiujined. witness safe'cl lie was not exactly expelled by the Salvation Army.- The court-inn i rial was •illegal and unconstitutional and hacf been upset by an appeal. At the court-martin! lie had been found guilty of conducting correspondence with ay sixteen-year-old girl and askecl to resign. He (Unit'd that lie had been far m,ure familiar with Airs Symes than a friend should be. He denied kissing her or holding her hand. He would not be sni prised at anything which All's Symes said at the present time. He denied flatly that he was pursuing Airs Symes; be.also denied using a, brush, on Mrs Symes’ hair

“You are here to answer questions ail id not control course!,” stated His Honour to witness during further cross-examination.

Witness denied ever telling Symes he would kill him even if he had to swing for it. He had reminded him that he would thrash him, and of a. warning given at P.abiatua. T.u accused after Mrs Symes had confided in witness concerning her relations with her husband, and practically sought his protection. He denied saying that he loved Airs Syme-j and she loved him. The words be used were: “Elsie is as much, to* me as my own sister”’ When they were sitting in the ear accused could not have shot Mrs Symes without shooting witness first. Counsel: You would have sacrificed yourself?;—Not at all. Witness denied doing anything more than attempting to disarm accused. He struck him many times because a man with a rifle was dangerous. He cl id not remember telling Charlie Heiidricksen that he wished he had smashed accused’s head in.

Louisa Amelia Hendricksen, aged 19, a. cousin of Mrs Symes, gave evidence that accused had told her Campbell was too friendly with bis wife, and that the latter had said she cared for Campbell. Accused appeared. upset. When Campbell and Airs Symes were sitting in the car, accused came out of the pantry with the gun, but did not speak. Witness tried to stop hd.ni, but was pushed aside. Accused had a desperate appearance. Witness described the subsequent happenings. She said that on the previous night she had seen Campbell using a brush, oil Airs Symes’ hair.

Counsel: What did you think of the conduct or— His Honour: That does not matter. We only want the facts. Marie Hendricksen, aged 13, a sister of the previous witness, also gave evidence She had heard Symes call out to Campbell: “You would hide behind a woman.” The rifle was then fired. The day before the occurrence Mr and Airs Symes were not on. friendly terms, and two days before accused had said he would hotbe home that night to sleep.

Frederick Abraham Hendricksen, a brother of the two. preceding, witnesses, said accused had said he had been driven to the shooting by the action of bis wife and Campbell. The gun used was defective, because sometimes the firing pin had to strike three or four times before the rifle would discharge. Phyllis Hendricksen, aged 10, also gave evidence.

The luncheon adjournment was then taken.

Charles A. Hendricksen, aged 23, said he took the rifle from Symes, who had gone over to the cowshed where witness was. Symes had asked; “She's not dead, is she?” whereupon witness had said she was not. Symes’ reply was “Thank God.” Accused added: “I was driven to it, Charlie. They were making love in) front of my eyes all the aiternoon.” The previous afternoon Symes had accused Campbell of trying to run his (Symes) house, and Campbell had accused Symes of not playing fair to Airs Symes. They were accusing each other all the afternoon.

To Air Gordon: After the shooting Campbell had said lie wished he had smashed Symes’ head. Both accused and Airs Symes seemed to be under the influence of Campbell. Witness had asked if there had been any illicit love-making and both Campbell and Airs Symes had said no. STATEMENT TO POLIC E. Detective E. Barling produced a statement taken from accused, in which Symes said lie had met Campbell when he was a captain in the Salvation Army. “A 1 o-year-okl girl came to stay with us,” the statement continued, “and Campbell started to pay her attentions and took her out in his car. As a result of bad conduct Campbell was put out of the Army and started a grocery round < > 1 the country districts. About three months ago the gill mentioned gave my wife a letter to give to Campbell. She had been the go-between before as regards letters between them. This letter, however, my wife was very suspicious of, and steamed it open and found that it was a real love letter between the girl and C’ampbell. Later she handed the letter to Campbell and told him that she had opened it. I think that as a result of this she became scared of Campbell. My wife told me that if I dared breathe a word as to what was going on between the girl and Campbell the latter would kill me. I took it that he had threatened my wife in like manner. Accused had added that Campbell started taking Airs Symes out in his ear on his rounds. He took accused out first and then said there* was not room for the two of them, and that he would take Airs Symes out. She went three or four times, twice returning home late*, and be had remonstrated with liis wife* the first time. She promised to return earlier, but next night arrived home later. He noticed his, wife’s attitude was changing towards him and that •she was more favourable to C’ampbell. He* had threatened his wife that lie* would leave her. ‘‘l aslied her if she preferred Campbell to me, and she said she did," accused had added. “I told her to go and J would have the child, but she said he* would take it. Campbell had said: M love* Elsie and she* loves me. If vou breathe a word I will kill you—if I have to swing for it.’ He seemed desperate*. He told us to he decent towards each other in the presence of other people*. After supper he brushed my wife’s hair until he left and kissed her hand goodbye. ! was last losing control of myself. I cranked his car to gc*t him home more quickly, while my wile stood at tlie ear door holding his hand. She* had her arms around his neck kissing him, and I had to pull her away. As soon as he bad gone* I got the rifle* with the intention -of shooting myself, hut my wife stopped me. I had no intention of shooting Campbell then. When ho went to bed I tried to persuade my wife ’to come back to me, Imt she refused. Three or four nights ago I told Charlie Hendricksem that ii Campbell did not watch himself I would blow his head off.”

TOO ILL TO PROTEST. Campbell and his wife had been sitting on the becl with their arms around each other’s necks. He had been too ill to protest, but when they had gone outside his feelings had become uncontrollable. He got up, secured the rifle and brushed past Louise Hendricksen. Airs Symes had rushed from the car and told him to put the rifle down. Campbell was sheltering behind her with his hands on her shoulders, for protection. He had had no intention of injuiing his wife, but he had intended to put a bullet into Campbell, not to kill him but to injure him to teach him a lesson. He had the rifle pointed in the general direction at Campbell, and when the latter had pushed Airs Symes aside, lie had pulled the trigger to shoot him. His wife fell and lie knew he had shot her in mistake. He had been so dumbfounded that Campbell l ad been able to take the gun away from him. “I would not have- done this in my normal senses, but the behaviour of my wife and Campbell strained my mentality till 1 thought of shooting myself, and then decided to injure Campbell to teach him a lesson. I had no intention whatsoever of doing my wife harm for she still holds my affection, despite her associations with Campbell,” the statement, of Symes concluded. The detective added that at tho police station Symes was quite open and frank, but be could not say that about Campbell from whom he had also taken a statement. This .concluded the police case. Mi* Gordon intimated that he would not be calling evidence.

COUNSEL ADDRESS JURY. In his address to the jury All* Cooper directed attention to Symes' own admissions of his intention to do bodily harm, but because he had bit his wife instead of Campbell, did not absolve him from the crime of which he was charged. Mr Gordon pointed out that Air and Mrs Symes had led a happy married life until a black devil or ugly shadow had crossed their lives. It was hard to understand the mentality of a man like Campbell, who denied everything. He seemed to be a combination of a Judas Iscariot and an Ananias. When Symes had come out with the gun, Campbell, it ho had had any sense, would have cranked up his car and gone. Instead. Campbell had made his coun-ter-attack and Symes must have realised that the former would carry out the threat lie had made previously on' more than one occasion. The gun had got into Campbell’s hands and he had made a murderous attack on Symes with the butt end of it, as well as knocking him through the window. Campbell was the man who was really responsible for the pressing of the' trigger, for Ead not Campbell been the aggressor after a certain point had been reached in what was happening? Campbell came at Symes and the latter had puessed the trigger in self-del cnee. If ever a man had displayed a. wonderful self-control, it was accused. He had been intensely and consistently provoked. He had absolute justification in interfering as lie did.

His Honour pointed out the difference in the four charges against accused and urged them to measure up the evidence in the light of the positions each witness occupied in the case. r ! here was no doubt accused had had a lot of provocation, hut the fact that accused had loaded the rifle pointed to an intentional act. apart from his admissions in his statement to the police. Accident was not a defence if the wrong person was struck, and the negligent use of a dcadlv weapon could amount to manslaughter. The jury retired at 3.40 p.m. and returned at 4.35 p.m. with a- verdict of guilty on the second count of assault so as to cause actual bodily harm. They added a rider that Symes had acted under extreme provocation and that the wounding of liis wife had been accidental. Accused was remanded tor sentence till 10 a.m. to-dav.