THE LONGHURST CASE.

Daily Telegraph (Napier), Issue 3633, 5 March 1883, Page 4

THE LONGHURST CASE.

N.Z. Times, Alarch 1

"" A meeting of the committee appointed to fake steps for the release of the prisoner George Loughurst, ivhose case has been prominently 'before the public for some time past, was held at the office of Air. AY. AY. M'Kccvcr last night. There was a full attendance of members, and the public croAvded in iv such numbers that the proceedings assumed ;i public character. Tlie following petition was laid before the meeting and, after a short discussion, adopted : — ''To His Excellency Sir AVilliam Francis Druiimiond Jervois, _cc. May it please your Excellency— "AYe, the undersigned, being residents of different places throughout this colony, humbly petition that your Excellency ivill grant earnest attention to tho following facts : — "In the month of February, 1880, a charge of rape was brought against a young mai-iiamcd George Longhurst by a young girl named Genevieve Adams, then aged 8\ years. Before the magistrate she swore that on Sunday evening, the 15th day of February, Longhurst had had violent connection with her iv an outbuilding distant from the surrounding houses only some 10 or 12 feet; that she' screamed out, but no one heard her, although it was proved that at least fifteen people were inside the radius of 15 feet from the spot Avhere she alleged tlie occurrence took place. On trial Longhurt avus convicted, tlie girl's being tbe onlydirect evidence of the crime, and ho was sentenced to ten years' penal servitude and two floggings. After the scutenco considerable doubt was felt as to the propriety of the verdict from tho extraordinaiynnture of the child's story and the want of any corroborative evidence, and this doubt ivas greatly strengthened when it ivas found that the child's father repeatedly endeavored to negotiate with Longhurst's parents for his release, saying that for a sum of £100 ho would prove Longhurst's innocence, and that the charge made by his daughter was false. In addition to this, the little girl admitted to three of her school fellows that it " Avas not George Longhurst ivho had done it," meaning the crime, " but she had been told to do so." Cm-ion .ly enemgh, it next transpired that the doctor (Dr Collins) who had first examined the child a.tor the alleged rape had not been called by the Crown or police, although tlie police knew of his having examined the girl, and having told the child's father and mother, after a careful inspection, that the child could never have been raped. Evidence avus also forthcoming to show that on the evening of the supposed offence, Sunday, the 15th of February, George Longburst did not return to the premises until two and a-half hours after the time fixed by the child's parents. Upon those facts an information was laid, charging the father, Adams, and the child with conspiring toinakcai'ulscchargc'.igainstLonghurst. The hearing was before" the"Resident Magistrate, and the prisoners iverj then, as well as at a subsequent trial, defended by Air Ollivier, a leading counsel specially retained by the Crown, and ].aid by your Excellency's Government, Avith a view, as avo submit, of sustaining- tho former verdict if possible. The accused ivere committed for trial, which took place at the Supreme Court, AVellington, in September last, before his Honor All-" Justice Richmond. After two days' patient investigation of a great mass of evidence on both sides the learned judge very carefully charged tlie jury, that lie fore they could find tlie accused guilty tbey must be thoroughly satisfied upon the evidence that George Longhurst ivas innocent of the crime that had been imputed to him. The jury retired, and in a short time brought in a verdict of Guilty against both the prisoners. The younger prisoner was at once sentenced, and tlie elder prisoner was sent back for sentence. Judge Richmond invited the opinion of tlie Court of Appeal as to whether in law tlie younger prisoner was old enough to conspire Avitli anyone. Upon this point, ivhich as far as the father's moral guilt is concerned, is purely technical, the Appellate Court decided that she was too young to be criminally responsible, and as the father could not conspire Avithout a legal co-con-spirator, he must be discharged from custody. Before the institution of tbe charge for conspiracy, avo are informed that Air l.dward Shiiiv, who acted as leading counsel for the prosecution, bad several interviews with the Minister of Justice, Air Dick, who assured him that if tlie result of the trial for conspiracy ivas a conviction, or even if such evidence was produced as Avould raise an honest doubt as to Longhurst's guilt, he, as a prisoner, Avould be entitled to the benefit of that doubt, and ivould be discharged. Notwithstanding the conviction and the absolutely unshaken verdict of fact that Longhurst is an innocent man, by reason of the barest technicality and refinement of our law, ivhich alloivs a child's sAVorn testimony to cast a man into gaol beneath the lash, yet holds her harmless for her false oath, Longhurst's application for release has been, after three months' consideration, refused. Wo cannot think that your Excellency has been properly apprised of the outstanding injustice that is day by daybeing wrought, and ivhich ivould relegate back to gaol for years of physical aud mental torture the convict whose innocence Avas established. AYe ask from your Excellency the clemency ot the Crown, and feel confident that your consideration of the plain facts of this unhappy case Avill instantly open the door for Longhurst's release. " And your petitioners, in duty bound, ivill ever pray, Sec" Arrangements were also made for printing the document, the question of distributing it for signature being left ivith the chairman and secretary. An opinion was expressed that no person under the age of 18 should be permitted to attach his signature. A collection having been made, for the purpose of defraying preliminary expenses, and freely responded to, the meeting terminated.