SUPREME COURT, NAPIER.

Daily Telegraph (Napier), Issue 3263, 16 December 1881, Page 2

SUPREME COURT, NAPIER.

THURSDAY, DECEMBER 15. (Before His Honor Mr Justice Richmond.) INDECENT ASSAULT. Examination of witnesses in the indecent assault case against W. Ebbet continued : — Constable Brosnahan deposed that be arrested the prisoner, wbo, after being cautioned, denied the charge. Subsequently the prisoner told him that Mrs Clarke had called-him into her house as he (prisoner) was passing.. This concluded the case for the Crown. The following witnesses were then called by Mr Lee for the defence: — William Rollo, a youth in Ebbet's employ deposed that on Saturday morning, September 3rd, prisoner took witness and William Smith to Clarke's for chaff. They went through a paddock, prisoner going rouDd the road and through a gate into the stockyard. Mrs Clarke wai behind. They both went into the stockyard and stayed there about half-an-hour, talking about some cows. Witness heard Mrs Clarke ask the prisoner to go into the house two or three times, but he did not go. Witness would have seen him go in. Witness stopped there till prisoner went away. Mrs Clarke said something to prisoner as he was going, but witnees could not say what it was. Prisoner called out, " Come on, lads," and mounted his horse and rode away, witness and Smith following. He wan perfectly certain prisoner did not go into the house. William Smith, who was also in prisoner's employ on September 3rd, deposed to going to Clarke's along with Rollo and prisoner for some chaff. The witness gave mainly the same account as Rollo did. James Hawkes deposed that be knew Clarke's house. He was about 10 chains away from it on September 3rd, at the back part. Witness was fencing. He saw Smith and Rollo with Ebbet on that day. He saw Mrs Clarke with the prisoner, coming round the corner of the house. He saw them go into tbe stockyard. No one went in the back door of Clarke's house while Mrs Clarke and the prisoner were about. Witness was looking constantly in that direction. 'Mrs Claike, re-called: I did not see Rollo and Smith on that day. If they were in the position stated I must have seen them. Mr Lee and Mr Cotterill having addressed tbe jury, Hia Honor summed up, and directed the jury to retire. A quarter of an hour afterwards the jury returned into Court with a verdict of " not guilty." The prisoner was acquitted accordingly.