THIS DAY.

Auckland Star, Volume III, Issue 618, 4 January 1872, Page 2

THIS DAY.

EAPE, James McEae, miner, 37, was indicted for this offence. Prisoner pleaded not guilty, and was defended by Mr MacCormick.

Mr Brookfield, the Crown Prosecutor, in opening the case, remarked that the charge on which prisoner was arraigned Was oply the last of a long Horioo of criminal intercourse with prosecutrix, who was only about 13 years of age. The threats used by prisoner had doubtless prevented the child making complaints at the time of the occurrence. Prosecutrix had been sent to a considerable distance in the interior in the charge of the 'prisoner, and during the journey the offence was committed on many occasions, the prisoner using violent threats towards the girl, to prevent her from giving .information. On tho sth November prisoner committed the offence for which he was indicted; and the girl, as soon as she could, ran away to a neighbour and gave information.

Emily May, mother of the prosecutrix, deposed that on 21st September her daughter left her to go and live with prisoner's wife and take care of the children:" *

In cross-examination, witness said that after her daughter returned she had been told by a neighbour that she had been intimate with two girls of bad character, unknown to witness.

Esther May, a timid little girl, detailed the circumstances of the outrage, which occurred on the road between Tauranga and Makctu. Several people passed during the day, but witness was afraid to tell them, as prisoner had threatened to kill her if she did so. The examination of this witness was carried on at great length with the view of proving a continuance of similar offences for six weeks up to the sth of November, that being tho day upon which the last was committed, and on which witness first gave information. Prosecutrix was cross-examined at great length by Mr. McCormick, with the view of showing that she was a consenting party, and that her evidence varied considerably from that given in her private examination before the Tauranga Bench of Magistrates. On the Court re-assembling after the usual half-hour's interval, his Honor told the jury that it was probable he would have to detain them all night. The case would probably occupy the Court for some time, and he thought it inadvisable to sit until a late hour unless there should be urgent necessity for it. Tired jurors were incompetent to form just ideas of the merits of a case, and he thought that too long a sitting was merely comprimising with justice. His Honor then discharged witnesses in other cases, and jurors in waiting, until 10 o'clock to-morrow morning. The cross-examination of prosecutrix by Mr McCormack was then proceeded with, and the learned counsel endeavored to elicit the fact that prosecutrix had many opportunities of compleining of illtreatment on the part of McEae, had she been so minded. The case was still proceeding as we went to press.