ASSAULT CHARGE

Southland Times, Issue 23681, 2 December 1938, Page 9

ASSAULT CHARGE

MEMBER OF STAFF AT HOBSONVILLE COMMITTAL FOR TRIAL (United Press Association) AUCKLAND, December 1. An altercation involving two members of the staff associated with the Hobsonville air base and the wife of one was described in evidence during the hearing of a charge against Noel Alexander Spring Rice, an aircraftsman, aged 35 (Mr Hubble) in the Magistrate’s Court. He pleaded not guilty to a charge of assaulting Kenneth George Apia Callingham so as to cause actual bodily harm on November 16. Before evidence was called DetectiveSergeant Nalder outlined the case and counsel applied to have the charge reduced to one of common assault. He submitted that the accused acted under extreme provocation and if the case went to the Supreme Court there was a good prospect of the accused being acquitted by the jury. If he were convicted the penalty would not be great. The Magistrate, Mr C. R. OrrWalker, refusing to alter the charge, said it was hardly his duty to do so and one could not contemplate what view a jury might take of the case. Detective-Sergeant Nalder said _Cal“ lingham had been a frequent visitor to the accused’s home and he was there on the night of November 16, when the accused left* to go on duty. The accused (returned suddenly some time later and what he saw suggested that something improper had been taking place between his wife and Callingham.

“He rtished at Callingham and the assault took place, first with his fist and then with knife and a pair of scissors,” continued Detective-Sergeant Nalder. “Callingham was cut on the head, arm and hand, in addition to suffering concussion, and he had to receive medical attention.”

In evidence Callingham said he was a photographer, single, aged 24, and had known the accused and his wife for about two years. He was teaching them photography and frequently visited their home. When the accused returned on the night in question he made a foul accusation against his wife and rushed at the witness. In the struggle both used their fists and the witness escaped when the door was opened by two neighbours, who were investigating the cause of the disturbance. ■ EVIDENCE OF NEIGHBOURS Two neighbours said they found the accused and Callingham fighting on the floor. Later the accused was seen with a bayonet and he told one witness he would “half-kill. Callingham if he caught him.” However, the accused listened to reason and Returned home. Constable Pollard, of Henderson, said he was summoned to the air base at 11.30 p.m. on November 16 and saw Callingham in bed with his clothes on. He had cuts and other abrasions on his head and arms and the accused, whom witness saw an hour later, was also knocked about. He said anybody would have done what he had done in the circumstances, but when arrested for assault he declined to make any explanation. The witness said he found broken crockery on the kitchen floor in the accused’s home and there were blood smears on the cupboard. He also found a knife on the floor and a pair of scissors on a chair, but there were bloodstains on neither.

A statement made to the police next day was produced. It stated that Callingham had been in his house on his invitation and because his wife, had expressed a desire for younger companionship Callingham was teaching her photography and a few weeks ago the accused requested that the visits should not be so frequent, as people were talking. His wife raised some objection, accusing him of mistrusting her and to prove that this was false he permitted the visits to continue. “When I went back to change my uniform last night,” the accused’s statement continued, “I was surprised by what I saw as I entered the kitchenette. I lost my temper and flew at Callingham. A fight took place and my wife tried to pull me off. The rest of the fight is fairly hazy until it was interrupted by two neighbours. Callingham then escaped and that was the last I saw of him.”

Counsel again asked the Court if it would consider reducing the charge and when the order was refused he added that there was hardly any purpose in calling evidence for defence in the meantime. It was inevitable the accused would lose his job at the air base, although normally he was of good tepute and had a good record in his work.

His outburst was caused by extreme provocation, counsel added, applying for the suppression of the name, which was also refused.

The accused pleaded not guilty and was committed to the Supreme Court for trial. Bail was fixed at £5O and a surety for £5O.