ASSAULT AND ROBBERY

Taranaki Daily News, 27 May 1933, Page 4 (Supplement)

ASSAULT AND ROBBERY

GIRL ATTACKED IN PARK VICTIM STUNNED WITH BLOW. HER ASSAILANT FOUND GUILTY. Found guilty of assault and robbing Thehna Starring of a purse containing £1 at Kawaroa Park on February 6, William James Newman, who was tried in the Supreme Court at New Plymouth yesterday, was remanded till this morning for sentence. The jury,’ which took an hour to reach its verdict, did not convict on two other counts alleging respectively robbery with violence of a purse and its contents valued at £2, and theft. Mr. R. H. Quilliam appeared for the Crown and Mr. St. Leger Reeves for Newman. The personnel of the jury was Messrs. F. Ll Parker (foreman), James Rennie, A. C. Gamer, Albert .Beresford, C. E. Pepperell, D. R. McAllum, William James, Harold Lester, A. F. Little, F. H. Bamitt, George Bird and F. P. Blackwood. After Mr. R. H. Quilliam, Crown Prosecutor, had outlined the case, evidence was given by Miss Starring, aged 17, who said she went to Kawaroa Park between 2.30 and 3 p.m. and was sitting on a concrete seat beyond the pavilion and opposite the railway engine-shed. A handbag was on the seat beside her, as well as a tin of cigarettes. After about 20 minutes a man approached the seat and asked for a cigarette, witness refusing him. She put the tin in her purse, intending to go, but the man endeavoured to seize her wristlet watch, holding her by the arm. Witness tried to free her arm but was hit on the left side of her head. She remembered no more. When she recovered consciousness she was lying on. the footpath. Witness thought she went straight to the engine-shed and told McKay and Gilbert what had happened. She later went along the railway line towards Belt Road. She saw a man who she at first thought was the person who had robbed her. He was some distance away and she later found, that it was Kivell. Gilbert and McKay joined them and the four of them walked towards Moturoa, McKay taking the high path and Kivell the lowest path. After reaching a point from which the beach could be seen Gilbert and witness turned back towards the camp site. RECOGNISED ASSAILANT. She now recognised Newman as her assailant, but admitted that when she had attended an identification parade at the police station, from among ten men she was tmable to recognise the man who struck her. Her purse contained a 10s note, about'los in silver, a key-ring, a string of rosary beads, a mirror and compact. She could not remember whether she had called out when struggling. Witness identified as hers a piece of the gold wrist-band of a watch.

To Mr. Reeves: She could not remember if the man said anything to her besides asking for a cigarette. She did not like strangers talking to her, and she took up the tin of cigarettes to go. It was then the man caught hold of her. She was frightened that the man would take her watch rather than her purse. She did not remember whether she told Gilbert anything about her watch. She could not say whether she gave McKay a description of her assailant. Counsel: So that McKay, as far as you were concerned, might have been looking for anybody?

Witness did not answer. She did not think the man was carrying anything at the time he spoke to her. Gilbert, McKay and she walked to Belt Road and there separated. On her arrival home she did not tell her grandmother what had happened.

His Honour: Was it because you were not supposed to be there?—Not exactly. Then why did not you tell her?—l did not go straight home. To counsel she admitted that beyond Gilbert and McKay she had told no one of the occurrence until several days later. Horace L. Gilbert, a watersider residing at Hine Street, said he went to the engine-shed between 2 ,p.m. and 3 p.m. A man whom he recognised as Newman was in the shed procuring a drink of water. He went out and walked towards the town. He was unshaven and wore a dirty collar and shirt. About 20 minutes later he heard a woman’s voice and saw accused walking down the railway line towards Belt Road. He left the line there and turned towards the beach; that was the last witness saw of him. SEARCH IN LUPINS. After leaving ths shed witness heard a woman’s voice and saw Miss Starring standing inside the park. She complained that she had been robbed of her purse and that a man had tried to take her wristlet watch. Gilbert crossed to the track leading to Moturoa and the girl went along the line. From- where he stood he saw Kivell and the girl returning towards Belt Road. McKay joined them and the four of them separated, taking, different paths, the girl accompanying witness. He had seen nothing of accused, although he had moved up towards McKay when Kivell signalled from the beach. Gilbert tvent on to describe the steps taken by the men and the girl to find the culprit. He personally did not see Newman again after having seen him near the engine-shed. He was certain Newman was the -man. Cro’ss-examined, Gilbert said the man he saw walking doWn the line was carrying an overcoat on his arm. The man had turned towards the beach. He did not notice whether the girl’s clothes were dusty. She had told him her purse had been taken from her. She said nothing about being knocked down or about her watch.

Gilbert said he had known the girl a good many years and he took it Kivell and McKay knew who she was, James McKay, watersider, said he was walking along the road in the park towards New Plymouth. Near the stone seats Miss Storring came running towards him to complain about a man who had assaulted her and stolen her purse. She described the man. Witness went up Morley Street to St. Aubyn Street in search of . the assailant. Witness returned to the park. . He .overtook the others on their way to Belt Road. He went through the camp site, turn-

ing down a small track to the right. He went to'the end of the track overlooking the beach. A man came out of the lupins and asked him the way to the main road. On being told he went away. The man, whom he identified as Newman, had two or three days’ growth of beard, but no moustache as he had now. He was carrying a light overcoat and a newspaper. To Mr. Reeves: Miss Starring had told him she had been assaulted and her purse taken by a man with a growth of black beard. After the man left him witness had tried to follow him, but he disappeared suddenly. He had said in the lower Court that he regarded the man with suspicion because he had come out of the lupins. He and the other men did nothing further about the matter that day. To His Honour: He had tried to follow the man because he saw Kivell pointing at him. Alfred Kivell, Hine Street, retired civil servant, stated that he was haying a smoke when he turned to look at a man. That man remarked on the heat before turning towards Moturoa. Witness remembered that he had seen him walking along the railway line towards Belt Road some time before. A girl then came up and excitedly asked him if he had seen a man, who had hit her on the head.

Kivell saw Gilbert and, accompanied by the girl, he went towards him. On the way the girl said she had told Gilbert.

From the absence of footsteps in the sand it had been assumed that the assailant was in the lupins, i continued Kivell. He then went out on the rocks and from there saw a man pass round below the bush and proceed towards McKay. Witness then signalled both Gilbert and McKay of the man’s direction. By the time Kivell reached McKay Newman had disappeared. Next day Kivell saw Newman in Devon Street near Webster’s Lane and later at the police station. The first time he had seen accused was on Saturday, Sunday and Monday in the vicinity of the . park. To Mr. Reeves: Witness took the girl up to the main street During the conversation she said she thought the man was going to Wanganui by the afternoon train. She .did not tell him how she knew that. She did not tell him everything. He had asked her, but she would not tell him. He asked her a number of questions. Witness did not see the police until later he was called to the police-station. At witness’ suggestion the girl and he had taken a tram to town, the object being that the girl should lay a complaint to the constable on duty on the railway station. She got out there and witness went on to Devon Street. He did not know whether the girl complained to the police. . GRANDMOTHER’S EVIDENCE. Mrs. Elsie Barrett, the girl’s grandmother, recognised the broken wristlet produced as the one that had been on her grand-daughter’s watch. It had been shown her before the purchase of a new one. • Mrs. Barrett told Mr. Reeves she did not know at the time that the girl carried the broken watch band in her purse. It was not the girl’s habit to go to Kawaroa Park in the afternoons. The girl did not come home that night; witness had not seen her till two days later, for the girl had been put of town. John B. Mabin, farmer, Onaero, said Newman had been engaged as a labourer on January 20, but the name he knew him by was “William Logan.” He. had left on January 28. Mabin . had returned from New Plymouth on January 31 when on his reaching the house Mrs. Mabin informed him '“Bill” was going out the gate with a raincoat Ke had returned for. Accused was not employed on his farm on February 6, nor was there any arrangement about meeting him on February 7. ■'

Detective P. Kearney stated that he had been told a girl was assaulted and robbed on the previous day when he was in town on the Tuesday. As a result of further information he located Newman in an office in Devon Street. Newman accompanied witness to the detective office, where Detective Meiklejohn was found. Newman had denied the allegation, stating that he was not in the park. Witness did not know the girl’s name. When asked for an explanation as to his movements on February 6 Newman said he was cutting ragwort on Mr. J. B. Mabin’s farm at Onaero on the day in question and had come to New Plymouth on the morning of February 7 in Mabin’s car. Newman declared that he was to meet Mr. Mabin that afternoon and return to Onaero. Mrs. Mabin was telephoned but Newman persisted in his story of cutting ragwort, stating that Mrs. Mabin knew nothing of it. Kivell hadthen arrived and his story was heard in the presence of Newman. Newman did not deny what Kivell said, but simply sat and looked at Kivell. THE WRISTLET IDENTIFIED. When Newman’s pockets were turned out the broken wristlet identified by Miss Storring and her grandmother was found. Newman appeared anxious to recover it. He said he found it on the road between JJrenui and Waitara about two months before. Newman’s condition made it appear he might have been sleeping out, and this led witness to ask where he had been sleeping, but he would not reply. The sum of 18s 5d had been found on Newman, witness being told that it had been earned at woodsplitting before Christmas.

The high lupins at Kawaroa below the Belt Road camp site had been searched by Detectives Kearney and Meiklejohn on the Friday. Traces had been found in a thick patch showing that someone had been sleeping there. On the. Monday Newman was lined up among ten men for identification purposes. As he was leaving the watch-house for the yard he was told what the parade was for. He then made two endeavours to discard his hat. Miss Storring had inspected the line but had been unable to identify her assailant. Newman said nothing when told that he was to be charged. On being told Miss Storring had identified the watch wristband Newman said: “I told you where I got it. That is all I’m going to say about it.” To Mr. Reeves: Someone informed the police of the affair, but he did not know who the girl was. Witness had found out who she was by 5 o’clock that evening.

Mr. Quilliam did not address the jury at the conclusion of the Crown’s case. Mr. Reeves proceeded to do so. He contended the girl’s evidence was unsatisfactory. When asked what the man had said to her al 1 she could say was that he asked her for a cigarette; yeti'she probably had struggled with him before

he hit her on the head. Another matter for note was that she had not been able to identify her assailant during the parade, though she had remembered him sufficiently to describe him to the searchers at the park. It was to be remarked that the girl in evidence had said she did not know she had had the broken watch-wristband in her purse at the time of the robbery. Newman had behaved in a manner giving the others every opportunity of identifying him; such would not be the conduct of a person guilty of or contemplating the offence charged. Mr. Reeves did not call evidence. Summing up His Honour said the girl was evidently anxious to recover her property, but not anxious for publicity. Sometimes one heard of actresses who did things with the object of securing notoriety. But in this case the girl apparently did not want notoriety, for she did not seek publicity. However; the evidence seemed to point to the fact that the girl had been assaulted and her purse stolen by some man. His Honour pointed out that though the girl had not been able to identify the man at the police parade she had recognised him that day, and others had identified him as a man who was in the vicinity of the park on the day in question. Another point was that Newman lied deliberately when asked by the police to explain his movements. The jury also had to consider the finding of the broken watch-band in the possession of Newman; this had been identified by the grandmother as well as the girl.