UNUSUAL CASE

Timaru Herald, Volume CXLV, Issue 21155, 30 September 1938, Page 13

UNUSUAL CASE

ALLEGED ATTEMPT TO STUPIFY ACCUSED SENT FOR TRIAL By Telegraph—Press Association CHRISTCHURCH, September 29. The contention that there was no evidence of the offence alleged by the police was made in the Magistrate’s Court by Mr C. S. Thomas, counsel for John Stuart Jarman, who was charged with attempting to cause a person to be affected by chloroform with intent to commit a crime. Mr C. E. Levvey, S.M., formally ruled against Mr Thomas, saying that it was a matter for a judge’s ruling. Jarman, who pleaded not guilty, was committed to the Supreme Court for trial. “I must say that I am at a loss to understand this charge,” said Mr Thomas, after evidence had been taken. “There is no evidence of an offence. Tire alleged essence of such a charge was intention, and the evidence showed that there was no intention by the accused to do anything else except to try whether a bottle contained chloroform. Surely this is an obvious cause of assault," said counsel. The Magistrate: You are asking me to give a very big ruling. You may get the honourable judge to take your view. I am not altogether disagreeing, but I do not think it is a matter for me to decide.” Dr Landreth said he left his car in his garage about 7.15 on the evening of September 19. The garage door was left open. In the back of the car were two bags. One contained chloroform and ether and appliances for using them. Next morning he found the car to be missing. On September 21 he saw his car at the police station. A bottle of chloroform was then missing. Witness identified the bottle produced in court as similar to the one he discovered to be missing. Witness identified a hammer produced in court as similar to one missed from the car. A woman gave evidence that on her way home late in the evening she noticed a car by the footpath with the door open and the engine running. As witness drew level with the car a young man came out of the drive on her left and said. “By jove, it’s muddy here.” Witness just glanced at him and walked past about three steps. Tire man grabbed her round the neck with one hand and with the other he placed something like a pad with something sweet and sickly on it under her nose. It was soft like the rag produced in court. Witness bit the man’s hand and he moved the hand with the pad further up witness's face. Witness struggled and called for help. The man did not let go till he saw the lights go on in a nearby house. The man got into the car which was driven away. Ip a statement read by Detective R. H. Watt, the accused described the taking of two cars in the city. One of these was abandoned in Cashmere and another car taken. The accused’s statement added that he found a bottle in the car taken in Cashmere. He could give no explanation of having assaulted a woman and having tried to chloroform her. He had no intention of using the chloroform when he took it.