AVONDALE ASSAULT CASE.

Auckland Star, Volume XXXVI, Issue 32, 7 February 1905, Page 5

AVONDALE ASSAULT CASE.

SERIOUS CHARGE BY A GIRL. \H.STAKEN IDEOTITY AIXEGED. (Continued from Page 3.) The Court sat at 9.30 o'clock this morning to continue the hearing of the charsre. the police calling a number of witnesses to testify to the movements of the accused and complainant on the nhrht of the alleged assault. Edward Qualtrrongh. assistant at Mr Page's store, Avondale.

stated that on the night of i January 28 the accused and the prosecu- ' trix were in the'shop at the same time. Miss Thomas left at 8.30. and Hughes about two minutes later. Evidence was also given by Mrs Ellen March and three other ladies, who were referred to by the prosecutrix:. They stated that when she ran out erf the ditch, her hat was on one side, and her hair dishevelledShe was screaming. "Save mc; he will kill mc!" and clung to one of the witnesses. Mrs March stated that it was i after 5.30 o'clock when the girl ran out jot tbe ditch. Willi-un H. Scarlett gave I evidence that between 8-30 and 9 o'clock j that evening, when he was standing on J the verandaJi of the Avondale HoteL he saw the accused coming from the I direction of Page's store. He invited ! him to nuike tip a four handed game of card- and they played in the hotel ' until 10 o'clock. He was sober, and I was quite calm. j Constable CTGrady, of Avondale. said iit was 8-43 when he was called to the j scene of the alleged assault. He was ■ then at Page's store. He asked Miss 1 Thoma_ to describe the man, which she I did. When he ret-xned to Avondale he { saw the accused standing under the '. hotel lamp, and recognised him as the j man who had been described r.y the prosecutrix. Witness questioned him about his movements. Hughes telling him that he saw a girl like the prosecutrix in the store, and passed her on his wit home. He remained in bis house for" ten minute-? and then went to the Avondale Hotel, passing two women and some children, one of whom struck I a match and sent a child back to the j store. This incident had been describ|ed by one of th»> previous witnesses as i Lniving occurred before they got to j where the prosecutrix- ran out of the I ditch. The constable, c-ontinuing. said 1 there was -lust on the accused's knees, j and these were the only marks. Ac- ! <»u-.ed undertook to go to tbe Police

Station the next day. so that he .-ould ( faced by the prosecutrix. He did so. j and was identified by the girl when he stood amongst several others. She f ~aid she identified the man by his • doth<?s and band-. The accused asked r her several question-;. "Do you reeog- i nise his voice"'" -witness asked her. and j sh.- replied. "Yes. I am more positive j than ever." was then charged with the assault, and replied. "I am not sruilty. I never assaulted the yrirl. but if she says *o I suppose I must put ; up with it." The accused pleaded not guilty, re- j i served his defence, and was committed I for trial. He was allowed bail in his j I personal recognisance of £209 and two \ I others of £100 each. _____________________________ ,