THE PETONE OUTRAGE

Dominion, Volume 12, Issue 262, 1 August 1919, Page 3

THE PETONE OUTRAGE

ACCUSED BEFORE THE COURT EVIDENCE OP WITNESSES f Tlie preliminary hearing of the charge of committing rape preferred against lioj Albert Dehmey tuoic place before Mr. 1! Jtoe. S.M., at the -Magistrate's Couri yesterdny. it will be recalled that on July 12 <i little girl, who resides with her parent at letone, was subjected to a most ehock ing outrage on the -Petono Itecrealior "round, and us n result of police inves ligations J)elaney was apprehended on the atoremontionei! charge. l'olice Inspector Jlarsack conducted the prosecution, and Mr. l>. W. Jackson ap peared f or tlio accused. _ The court was clewed during the hear insr of the evidence, and the accused stooc between two polic?uicn. The principle evidence was that of th( little girl. On July 12, a Saturday, she was fient a message by her mother to bei aunt's residence, and her little brother ased seven ycaitf, accompanied her. Thej left their aunt's homo at about 5 p.m. and on the way homo they called at twe shops to purchase cakes aud fruit. Pre; Eentlv the accused accosted witness am her brother, and asked witness if sin could show him Iho way to the yrhnrf -Accused then purchased some chocolate! ami put them in her -brother's pocket Witness then pointed out the directior of the wharf. Following this, accused Riive her brother some money, and tolc him to run along ind buy some fruit The iiccused then took witness's ham and pulled her along to a eweot shoi opposite the Empire Theatre. He ther asked the little girl where Dr. Hardy'* place was, and after she had pointed ii out, the- accused look her into Isri tannia Street, wlicro he picked her up, placed his hand ever her mouth, am earned her down a lane leading into the Recreation Ground.' He carried her t< the top of the grandstand, and then struck ber on the tad. She was knock ed unconscious, and when ehe regained consciousness the accused was carrying her down the steps, and as they proceeded he threatened to throw her ovei on to the asphait below. The accused then carried her out on to the grass, and knocked her insensible again. When she woke up, some time Inter the accused had gone. 'Witness then met her nunt ; who took her homo. To Mr. Jackson: Witness remembered the time, as she heard the five o'clock whistlo go while she was at her aunt's, and left shortly after. She did nol want to go with the accused, but he held her by the hand and pulled her alonjr. Witness was frightened, but she did nol crv nor did she call out. She had nevei seen the accused before tho occurrence, hut she was certain that he was the man v.-ho acedsted her <uid picked her up. The brother of tho lost witness gave corroborative evidence as to the meeting with the accused and the disappearance of his sister when he returned from tht fruit shop. He identified the accused at the Petone police station on July 13 as the man who met them in the street He was certain that it. was the man now charged with Ihe offence. Agnes M'Dougull, whose father keeps a fruit and confectionery shop at Petone paid that on the evening of July 12 thf accused entered the shop and 'purchased tome sweets., rfha then sawe accused join tho little boy and girl, who wen standing near the chop. Witness identified the accused out of a row of men al the Petone police station next morning. Hose Beatrice Walsh said she wns ir M'Douxall's shop when accused enteret on Saturday evening, July 12. She know accused by sight and by name. The aunt.of the little girl, said she saw her niece after the outrage, comiii} from the direction of the Kecreittioi (i round. She then described the clrild'i . condition. The father of the child deposed to hav inif aided tho police in their investiga tions. and detailed the finding of some oof the little, girl's clothing in tue Kecrea tion Ground. . Senior-Sergeant Bird, of Petone, saic that,. iu. company with Constable f'.nmi lii-r. he.jvjent, tp.-tlic house ; w,her.e,Delauej resided with his mother. -Accused was iii bed. and was taken to tho police etation. whore he was avked to account foi his movements on the date in iiuestiun, He replied that he had been to the clul during the afternoon, and Inter visited the Victoria Hotel. He denied having been to ll'Dougall's shop or to the Kecreation Ground. Accused was then charged and cautioned,- and replied, "i was never iu the- 'iliee.'" Constable Canning corroborated, the evidence of the last witness. Detective-Sergeant .Lewis 6aid that. ;ie proceeded to i'etouo on Sunday, July 13, and brought the accused to Wellington in the police motor van. During the journey in to town witness discussed with Delaney his war service, and accused bhid, "1 was very stunned last night. J ilon't remember going to bed.'' i hail iieeu drinking, heavily at the club during rlii; aiternoon." Dr. Thomas Kussell Ritchie, Government Bacteriologist, gave evidence us tc the result of the bacteriological examination of the accused's clothing. This concluded the case tur the prosecution. ' After being cautioned, accused wns asked if he had anything to suy, aud counsel answered, "ics; 1. propose to" tut evidence." Counsel then culled Thomas Gregory, employed at the freezing works at Petone, who said that lie was employed as a barman ill tiio Victoria Hotel from 1.31) p.m. to G p.m. on July 12. Witness knew Dekntiy well, niui saw him in the bar of the hotel lit 0.15 ikm. on the ditto m question. The accused had a conversation regarding the • purchase of a gallon of beer. To Inspector jilarsack: The accused nas sober when iio left the hotel, and he appeared to be i,uite rational. Arthur Delanc-y, biother oi uiu accused, paid that licensed-returned home at li o'clock on Saturday, July 12. To Inspector Jiarsaek: Witness was going out to call on a. friend, with the inteiitiun of going to the pictures at the Lower Hutt. lie was. sure it was £ o'clock when the accused came home He h.eard the clock chime the hour. Hobert Delaney, i>l6o a brother of the licensed, corroborated the evidence of his brother Arthur as lo tne hour at which the accused arrived home. Counsel then raid Unit this was a\\ the cvi.ience lie desired to call. Me had hoped to call another witness, a man named King, who wns a barman in the Central Hotel, whom counsel understood would state thai he saw and spoke to the accused in the Working, Man's Club at Petone between 5.45 anil 5.51) p.m. on •Saturday, July I- , . C'oiiiiiel had been unablo to trace him, but lie would like Hie Court to know that he had been endeavouring to oliiuh that evidence. His Worship H-m-irked that lie understood that counsel proposed to sc-t up an iilibi. The accused plcmded not guilty, and *?n,s committed to Ihe Supreme Court lor trial. Mr. Jackson: I ask for bail, Your Worship. I "have not (lone so up'iill now, hut I think it is a case in which I'our Worship should allow bail. It is nut a ease in which , hail is not allowed. Inspector Marsack said the case was one in which the 'question of ball wnn left entirely to the distention of the Magistrate. He would object most stroiigiy tii bail being allowed in this cuse, apart from the evidence which hud been called, eiinply in the man's own interest.-. If ho were released ):is life >vould not be safe. Mr. Jackson: i'liere is no question of his life being safe. That just shows the leeliiiK. . A 'nun is judged before he is tried. ' 1 do think this is n case for ■ His Worship held that it. was not a case wherein bail should be allowed, aud therefore refused npplicnlion.