MAGISTRATE'S COURT

Dominion, Volume 11, Issue 38, 8 November 1917, Page 9

MAGISTRATE'S COURT

PEEPING IN WINDOWS

ALLEGED MIDNIGHT PROWLER

Arthur Ohllda Dubourg- Collins, a, clerk in tho railway goods ehed, was charged before Mr. W. O. Eiddell, S.H., in the Ma-gistra-tc'e'. Court yesterday with being a rogiio and a, vagabond in that he was found by night on OctoliDi- 19 in tho enclosed yard of William -Hailwood, at No. .94 Weld street, Wadostown, without lawful excuse.; ;■• • - : Tho aoousetl. for whom Mr. P. W. .Tacksori appeared,- elected to ho tried by a jury. ■ . . '_ ; Inspector Mn.rtft.ck, who prosecuted, Eaid that Collins was foiiud lookiug through a. window , 'into a woman's bedroom. ■ Ida, Eailwood, iA her ovldcncei said that she lived"' mth : "lior ■ father at ?4 Wold Street, Wadeetown, and on tho evening of October 19,' about' ten minutes before midnight, whilo in bed in the front, bedroom of tho house.'sho heard footsteps on tho street, then heard. the front' gat« open and : someone cauio along fho path ttna stopped: hear her bedroom window. A man looked in through her window. Sho could see him because tho street lamp was shining into her room. It was the accused who peered into her window. Sho had known accused for about twelve months, hut had nover- spoken to him. Aftor looking through, her window the accused went towattls the side of the house. She identified tho accused at the police station aa the man who hud looked through her window. Oroßß-examined ■ by Mr. -Jaokeon, the witness stated that she retired to her room' a few minutes before 11 pjn«, and was awake when the incident occurred. She had not been 'roading and had. no lig-ht. -Heir room waa about five-or six yards from tho front gate. Her window blind was about half-way up. Ehe usually, slept with, her window open, but on this night tho window waa closed. When she heard the footsteps comiug up the path Hho eat up in hor bed, which was about a yald away from tho window. Acoueed was wearing a blaok vclour hat that evening.' ' After he lookod in through her window and wont round to the side' of fcho house, witness, roused her father and said to him;- "That man is. going round tho houae." Her father know who waa meant, because they had been talking about Collins. 6he had heard that he followed girls-about tho streets: he had walked up behind her on ono occasion. When her father wont outside ho got hold o£ the man and struck him eeveral Dlowa with a stick/ The man struggled, and finally got away, leaving bis hat behind. William iHoilwood, a railway employee, stated that:on the' night of Ootober 19 tho laat witness,-who waa hts daughter, mado a complaint .to him ■ in consequence of whioh ho- got- out of bed and went, outaide the house, taking . a walking-stick with him. He saw • accused peering through the bedroom window of another daughter; ,He caught the man oy tho collar and asked him what he waa doinit there. The man struggled furioußly, aod eventually got awny through tho baok garden, and escapel over tho back fence. Hβ had known Collins for about a year, and had seen him prowling about tho street. Witnoas found the hat produced under tho bedroom window where the strugglo took place.

To Mr. Jackson—When ho went outeido of tho house he- saw the accused peering through tho window; ho caught him by the collar and struck him five or six blows with a walking-stick. He sow tho man's faco and his long hair. He was able to reoognis'o' him by the electric, light shining through 'As daughter's bedroom window. He had never tpoken to the accused, although ho had known' him for a year. Ho had not the slightest doubt that it was Collins he caught in his yard and struok with a walking-etiok. i

Daiay Hallwood, her evidence, stated that shortly.before midnight on Octobor 19 she.was in her bedroom, The electrio light waa switched on, and' she had ■ not , then undressed. When she heard'her sister and father talking she went out and joined them, leaving the light in her room burning. Her father went out of the houee, and when she heard him speak she went out to him. 6ho saw the accused, who pushed her father woy and escaped. She had known accused by aight for about ten months, and was afraid of him, because sjie had heard he followed girls about the streets. -

Oross-eiamined, witness said there waa no. blind to her window, but there were casement curtains, which were dra-wn together. She would swear that the accused was the , man sho saw that night. Henry Jones,- foreman in tho railway goo'd3 Bhed, said ho had known accused for some time, and lad e'eori hiin wearing a hat like the one produced. Plain-Olothcs Constable Wallace, who in. terviewed the ' accused, stated that . Collins denied being the owner of tho hat which was found on Hailwood's property. When arrested and searched on October 30 there was found on him an invoico for a hat purchasod on October IA from Kirkcaldlo and Stains, Ltd. l'hla concluded the evidence for the proscoution. Collins, in giving evidence on hie own bohalf, said that he had been in the railway service for about sixteen months, and previous to that ho was in the, cycle business in Adelaide Road. He declared he waa not on the premises of Hailwood on October 19, and did not- know Bailwood's place. The black valour hat produced was np_t his. When tho hat waa shown to him by Conplablo Wallace, witness said "I would not wear a hat lilso that." On October .19, after 6 p.m., ho went to sloep on a chair in the kitchen of tho house whore he boarded, and woko dip a few minutes bofoie 9 p.m. Ho went out of the house' and returned in about half an hour, and again went to sleep on the chair in the kitchen. . He was roused by his landlady, and ho then went to i his. room. He fell asleep there, and was roused by a fellow-boarder named Beer. A little-later he wont into Boer's room, sat on his bed, and yarned to him' until oue o'clock in tho morning. He then retired to his owu room, but <~a not go to bed, as he suffered from insom51a and infflgestion, and as he had already had some sleep he did not need more. He was obliged to take violent exercise and run about ihe stveote. whioh. he usually did between 9 and 11 p.m. He wanderod round purely for health reasons. Oross-oiamined, witnoss said he had not worn a black, hat for over a year. He bought a new hat on Ootober 24 beoauso the other was shabby.-' He did not deny that he roamed about at night, on October 19 ho was out for about half an hour.. ■ Albert M. Beere, employed in the Uovornment Statistician's Office, stated that he lived in-the .same boardinghouso aa the accused. Witness usually looked into Collins's room when he came hom.c of an evening. On tho night in question .ho reached homo a few minutes af.t«r 10 o'clock. He was ab'e to fix the date because of tho fact that M 3 Department shifted from':the'Publio Trust Buildings into Nathan'B Buildings. " When he,went 'into Oollins's room Collins was asleep, and witness roused him end. asked him- if he ' wasn't going'to bed. Witness went to his own room, and Collins came in later and stayed talking until about 1 'a.m: Aftor hearing further evidence, the ac'c'useav who pleaded not ,?niHy, wne oom'"lifted to the .Supreme Court for trial. Bail -was allowed, in £25, and one surety of £IS. '/•'■■- ; • ' • OTHER. OASES. ' .-• AUno'of 40'. with the option of fourteen days' imprisonment, was imposed on William Connelly, who nleaded-ffiiilty to W;e theft of two table knives, valued at 3s. ca-ch, the property of .Tnmes Jf.'Parland. For insobriety a first offender was conTicted anu discharged. . ■"■ ■ • *