AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 578, 27 January 1882, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tuesday, January 24,

Before Justin Aylmer, Esq., R.M. and

T. Adams, Esq., J.P.

INDECENT assault,

John Owen was charged with committing an indecent assault at Olphert's Hotel, Lake Forsyth, on Wednesday, 18th inst. Annie Olphert, wife of John Olphert, sworn, said : I reside at Little River. I remember Wednesday last, 18th January. The prisoner stopped at my husband's hotel on that night. He had a bed there. He went to bed between 10 and 11 p.m. that night. His bedroom waß upstairs. I went to bed about the same time. My bedroom is _ downstairs, off the kitchen. The nurse girl and baby were in the bedroom with me. The nurse girl was Annie McPhee. My husband was in Christchurch. I woke up about la.m. Somebody woke me up and put his hand underneath the bed clothes. I thought perhaps it was my husband who had come home. The person put his hand on my hip. He was lying on the bed alongside me. I said, "Is that you, John ?" thinking it was my husband. Prisoner did not answer. When I saw it was not my husband I screamed for help. The night lamp with which I warm the baby's food was alight. Accused is the man that was on the bed. William Holmes and Henry Darby came to my assistance when I screamed. I jumped out of bed when I screamed, and prisoner then said he only wanted a drink of water. Ac cused had all his clothes on but his boots, which he had left at the kitchen door. I found his boots at the kitchen door, gave them to him, and told him to clear out. Accused was not drunk; he was quite sober. He had two doors to open to get into my room, the kitchen door and my bedroom door.

By the accused : You were not drunk when you asked me for a drink of water. My bedroom door was shut, and so was the kitchen door. Beth the doors were shut through which you had to come to get to my bed. By the police : There was a jug full of water in the prisoner's bedroom.

By the Bench : I sent for Constable Smart first thing in the morning. The constable was from home, but returned about midday, and I then gave accused in charge.

Mary Anne McPhee, sworn, said : I am nurse girl for Mrs Olphert. I remember last Wednesday, January 18th. I slept in the bed with Mrs Olphert that night. Mre

Olphert woke me up by screaming out. Mrs Olphert told me to g«t up and go to Mr William Holmes, who slept upstairs, for help. I went. Before I went I saw prisGner standing by a chest of drawers. I did not hear prisoner say anything. I think he asked for a drink. I did not see accused near the bed. I saw accused before he went to bed. He was sober. William John Holme, said: I' am a laborer residing at Little River. I recollect last Wednesday the 18th. I was stay ing at Olphert's Hotel. I saw prisoner there that night. I could not say if ha had a bed there, I did not see him go to bed. I saw him between 9 and 10 o'clock that night, I could not say if he were drunk or not. In the night Annie McPhee, the last witness, woke me up to ask me to come down, for some man was in Mrs Olphert's bedroom. I went down and saw the accused standing in Mrs Olphert's bedroom. Mrs Olphert was standing just outside the bedroom door, in tho kitchen. She had only her nightdress on and was holding the door. Mrs Olphert asked me to take tho man up, and go to Constable Smart. I told her I could do neither, having no authority myself, and Constable Smart being in Christchurch. Mrs Olphert complained of accused having put his hand underneath the bedclothes. Prisoner said nothing to me. I asked what he was doing there, and he said, " Nothing," He was standing with his head resting on his hand. I opened the door and told bim to go away. Accused was quite sober then. Peter Malmanche, a laborer living at Little River, sworn, said t I remember last Wednesday the 18th, I sl.pt at Olphert's Hotel that night. I saw the prisoner there. I went to bed b 'tween 10 and 11 p.m. Accused slept in the same bedroom with me. I saw him go to bed. He took off all his clothes before he got into bed. He did not have his boots with him, I do not know where they were. I did not hear him get up in the night. I am a light sleeper, if he had made the least noise I should have heard him. There waa a jug of water on a table close to the door.

Peter Johnson, a labourer, living at Little River, swern, said : I know the prisoner. I remember seeing him on Monday, January 16th. I had a conversation with him.

The accused, when asked if he had anything Jo say for himself, stated that he had been sixteen days on the spree, and did not even yet kifqw exactly what he was about. He was under the influence of drink when he committed , the offence complained of. He had been vvorkirsg for Mr Coop. The Bench remarked that they would deal with the matter summarily. Accused had a bad character for offences of a like nature when at Waikerakikari. They had resolved to givß him a severe lesson, and would sentence hint- to one month's imprisonment, with hard labor.