TE MATAI CASE.

Pahiatua Herald, Volume XLIII, Issue 13090, 25 October 1935, Page 4

TE MATAI CASE.

PROBATION FOR SYMES

JUDGE’S COMMENT. Probation for a period oi two years upon the usual term* and upon the special condition that ac used pays the costs of the prosecution, amounting to £26 10s Ud w v> s ex-

tended by His Honour Mr Justice Smith to Manley Symes, farm labourer, aged 22, when the latter appeared for sentence in the Supreme Court, Palmerston North, after having been found guilty Wednesday afternoon oil a charge of assaulting his wife, Elsie Elizabeth Symes, on July 24 at Te Mat- 1 . so as to cause her actual bodily h.irm. Mr J. M. Gordon, who appeared for prisoner, said that the latter had borne an exemplary character until the offence committed. He was a total obstainer and a farm labourer of whom his employer spoke in glowing terms. He wa fe now living quite happily at Pahiatua with hi- wife. with, whom he had been reunited lor the

past six weeks. He had spent weeks in the local gaol, and during the six weeks he had been out on bail the Salvation Army had interested themselves in the matter, and both he and his wife had been under their care, which they were prepared to continue iu the future. Counsel asked, in the interests of accused and his family, that In- be ad to probation, even if the term.* were onerous. There was no possibility of a recurrence of the trouble which had occurred. The appeal made by the other man, Campbell against the decision made at- the Salvation Army court-martial, counsel was informed, had “gone by the board,*’ and lie could no longer be :: mem-

ber of the Army. Prisoner was prepared to enter into sureties oi the peace. He had already been penalised to a great extent, having been injured during the struggle and suffered imprisonment and intense mental stress. His Honour said the jury had found prisoner guilty en the charge of causing actual bodily harm, and had added a rider that prisoner acted under extreme provocation. also that the shooting of his wife was accidental. He had intended to nurt Campbell, but had hurt his own wife instead. “Campbell was not on trial.' added His Honour, “bur. I am justified in saying that in my view lie played a, very ignoble part, and gave ]".' -oner very extreme provocation. However. a man cam, take the law into his own hands. If his wife misbehaves he Has the divorce law open to him. The criminal law. which as been well tried by experience, i - not, as counsel suggested, ‘pre]>o'terous’.” His Honour said the jury's rider was justified, and he took that into view in admitting prisoner to two years’ probation (on the terms stated).