DISTRICT COURT.

Daily Telegraph (Napier), Issue 3242, 21 November 1881, Page 2

DISTRICT COURT.

Monday, November 21

(Before His Honor Judge Kenny.)

The criminal sitting of the Court was opened this morning at 10 o'clock. All the juror 9 summoned put in an appearance, and twelve having been balloted for, His Honor told the remainder that their attendance would be dispensed with. INDECENT ASSAULT. The only case for trial at this sitting was the case Regina v. Ryan on the prosecution of Sarah Pearson. Mr Cotterill conducted the prosecution. The prisoner was undefended. Sarah Pearson sworn, stated she was the wife of John Pearson, residing at Patangata. She saw the prisoner at her house at half-past eleven a.m on the 29th of October. Her husband was there when prisoner came. Prisoner came in a trap, got out at the door, and went to the Inn. Her husband went out about two o'clock. She remained in the house. Ten minutes after her husband left prisoner came to the house. She was crossing from the fire and saw prisoner coming in at the door. Prisoner aeked were her husband was. He said he wanted measuring for a pair of slippers. She said her husband had gone to Tβ Apiti. She asked prisoner why he didn't get measured when he saw her husband going away. Prisoner said he didn't think her husband was going away so soon. Prisoner said " never mind would you give me a piece of She went into the shop, and got him piece o leather. She gave him the cutting board and a knife, and he sat down at the bench. She went into the kitchen. Hβ then asked her who the boy belonged to who was at Edenham. She told him. He then came into the kitchen and looked at some portraits on the wall. He asked about aome of the portraits. He asked if she bad a sister like herself. She told him she had no sister, and ordered him away. He said he wouldn't go, when a woman said no she meant yes. He said he was going to stay and keep her company. She ordered hiai away again. He wouldn't go but walked up and down the floor and used some bad language. He sat down by the fire, and asked her to sit upon bis knee. She told him to leave the house. He used more filthy language. He wanted to bring some drink, and said he would stay all night. She went outside and saw a man coming from the inn. His name was Cheers. Cheers came up and prisoner went with him to the Inn: She went to the inn and told Mrs Ashton the landlady. Prisoner asked her to have a drink while she was talking to Mrs Ashton. She went back to her house. Prisoner came out of the Inn at the samt time as she did. She went back to aik

Mrs Asbtontolet her stay at the Inn. She waa there about ten minutes. She saw the prisoner go past again towards her house. She went back to her own house. She found prisoner in the shop with the door shut. He said he was not going to steal anything. She ordered him dut again. Witness then ~yt described the assault, and the 1 language ueed by prisoner. She got away from prisoner and got outside the door. She then told prisoner through the window that he would get into trouble when her husband came. Mr Boyle then came up and she made a complaint to him. Boyle went to the house, and prisoner went to the Inn. By prisoner: When he (prisoner) was going siie did not ask him what was his hurry. She did not go and sit beside him. She did not have a drink with him. She did not offer to show him the garden. Johnston Boyle, sworn, stated he was a laborer at Edeuham. Went to Mr Pearson's house on 29th October last, at about half-pact 'A p.m. Mrs Pearson was outside the door. Saw the prisoner come outside the house. Mrs Pearson made a complaint to him. He said to prisoner, " What do you here." Prisoner did not answer, but asked him up to the Inn to have a drink. Prisoner then went to the Inn. By prisoner: Mrs Pearson did not look excited, nor was her hair disordered. All he knew was what Mrs Pearson told him. By the Court: Mrs Pearson was sitting on the doorstep when he went up. Constable Broznham, sworn, stated he arrested the prisoner at Edenham on the 3rd November. Prisoner said he knew nothing about the charge. He was at the Pearsons on the day mentioned getting some leather for his shears. This closed the case for the prosecu- , tion. f The prisoner called a witness named Brown, but he was not in attendance. His Honor ascertained that the witness had not been bound over to appear, and said that it was the duty of the Magistrate who committted the prisoner to have bound the witnesses over to appear at this sitting of the Court. The prisoner then addressed the jury at some length, denying the charge, and giving his version of what took place. He said that the man Brown was within a short distance of the house all the time he was there, and saw the prosecutrix laughing and talking with him. Brown had given evidence to this effect before the Magistrate, but he was not in attendance to-day. His Honor then summed up the evidence shortly, and pointed out that it was doubtful if this was an indecent assault. It was undoubtedly an attempt at seduction, a very immoral action, but it was for them to say if they believed there was what amounted to an indecent assault. If they thought that what had been done did not amount to an indecent assault they could find the prisoner guilty of a common assault. It was a question he would leave entirely with them. The jury retired to consider their verdict at 11.30. After an absence of 15 minutes the jury returned with a verdict of not guilty, and the prisoner was discharged.