SUPREME COURT

Dominion, Volume 10, Issue 3000, 10 February 1917, Page 14

SUPREME COURT

CHARGE OF INDECENT ASSAULT

ACCUSED ACQUITTED

Before Hi 3 Honour Mr. Justice Chapman, in the Supremo Court yesterday, fcho case was resumed in which Edmoiid Gilligan was arraigned on two charges of indecent assault upon little girls. Mr. V. It. Meredith prosecuted, and Mr. H. P. O'leary defended. His Honour summed up the case, in which the evidenco was heard on Thursday.l The jury, he said, had to consider whether the accused had touched the children innocently or accidentally, or had touched them in an indecent manner or witli indecent intention. The jury returned after a retirement of four hoars. The foreman stated that they had been unable to agree upon a verdict. His Honour asked the jury to consider the matter afresh, and a verdict of not guilty was later returned. The prisoner was discharged. A NOCTURNAL INTRUDER. Harold Gladstone Olliver was charged with having on January 28 broken, and entered a dwellinghouse with intent to commit a crime, and with having on the some date been unlawfully in a dwellinghouse with intent to commit a crime: Mr. Meredith conducted the prosecution, and Mr. H. F. O'Leary the defence. Mr. Meredith stated that the accused was a porter employed at the Kenilworth Private Hotel, and had a room on the premises. He entered in the early houTs of the morning a room occupied, by a Miss Gutteridge. As lie had taken Miss Gutteridge's luggage up in the afternoon he must have been, aware that the room was occupied, and must have known who the occupant was. The accused said to Miss Gutteridge,. "Don't scream or I'll shoot," but she struggled with him. He finally got away by the fire escape, and was arrested in the street by a constable whose attention had been attracted. A water pistol was found in Miss Grutteridge's Toom next day. Kvidence to the above efVect was called. The accused, in the witness-box, said that on two or thrfe occasions he had slept in the room that was on January 28 occupied bv Miss Gutteridge. He hnd done so without his employers' knowledge., his own room being hot and stuffy. He was so drunk on the night of the 28th that ho did not remember going home. The first thing he realised in tho early morning was that Miss Gutteridge had caught hold of him, and he tried to escape. Mr. Meredith cross-examined tho accused at some length. Asked- why he had the water pistol in his hand and said to Miss Gutteridge: "Don't 6cream, or I'll shoot," the accused replied that he remembered nothing of that matter. Mr. Meredith: You can remember anything that happened after Miss Gutteridge caught hold of you, but nothing that happened before ?—"Yes; ■ that's practically so." Council addressed the jury. His Honour summed lip and the jury retired about 12.30. At 3 p.m. a verdict of guilty was returned. Mr. ,31'eredith said that there was nothing known against the accused before this offence. He had been employed aa a. steward on various vessels and all his discharges were good.' His Honour, in sentencing the prisoner, said: "I take into consideration the fact that your character has l>een good hitherto, and that this was rather the rasli act of a man under soino influence of liquor than a deliberate act. But I cannot overlook the fact that you went to that lady's room with something in your hand that looke'd like a pistol, nor the.fact that you used threatening language to her. . . . You are sentenced to twelve months' imprisonment with bard labour." ALLEGED ASSAULT. Gershoun Simmons appeared on charges of doing bodily harm to Reginald Pierre and John Marshall. Mr. Meredith prosecuted, and Mr. O'Leary defended. Mr. Meredith stated that tlie accused and the two men he was charged with iissartlting were lumbers of a stnmer's On the evening ,of October i?. the accused who had turned in, complained, that Marshall and some friends of the latter were malting too much noise and keeping him awake. Marshall replied that the next day was Sunday laud the accused could sleep all day. The accused thereupon attacked Marshall with a razor, inflicting ghastly wounds. Pierre was near Marshall, and also received a number of slashes. Marshall fired one revolver, shot in selfdefence. After the evidence of several witnesses for the Crown hail bean given, .the case had. to be discontinued owing to the indisnosition of a juryman. . His Honour discharged the jury' and ordered the case to be tried next week before a new pane!.