THE TARAWERA ASSAULT CASE.

Daily Telegraph (Napier), Issue 4110, 23 September 1884, Page 3

THE TARAWERA ASSAULT CASE.

The following evidence was taken yesterday after we went to press :— Constable Wilson (recalled by the Bunch) aaid lie neither saw nor heard Lofloy on the of the assault, after letting him out at°the gate. Brill's statement that he ("Wilson) had conversed with Loncy and Brill after the assault was not true. Thomas Cleary, sergeant in the Armed Constabulary, said on the night in question he had walked to the hot springs bath from Tarawera, and stayed in the bath till 9 o'clock. E-new- the time, because lie struck a match and showed Constable Ngakaho that it was ten minutes to nine. Stayed there ten minutes longer, and then went back to his quarters, where ho wrote a letter and took it to the post office. Saw the postmaster, his wife, and a carpenter named Weir. Saw Brill about the assault next day, and asked him why ho had not reported it. Saw Wilson afterwards, but the lattLT said ho knew nothing about it.

*X To Mr Lascelles ; Did not consider it his duty to enquire as to Loney's injuries because ho thought the affair a drunken squabble. Frequently wont to the bath and stayed three hours. f Charles Griffiths deposed lo meeting Cleary on the 2Cth about G o'clock going in the direction oftho bath. Ngakaho native constable, deposed that ho heard of the assault tho morning after it occurred. Was with Cleary at the bath from about half-past six till ten minutes to

nmo. ■ Sergeant Burtcnshaw deposed to going to Tarawera some days after the assault to make enquiries. Ngaknho told him that at sundown ho was at the bath with Clcary, but said nothing about remaining till nine o'clock. Clcary told him he had been at the bath, but said nothing of being there till nine o'clock. At the time he knew deary had been charged with the assault.

At this stage the further hearing was adjourned till uext morning for tho attendance of the witness Wear. His "Worship said that all tho witnesses mi"ht go to •their honiea except informant, defendant, and the witness Wilson. v To-day.

Sergeant Burtenslmw (re-called by tho T.ciAi) said Wilson made a statement tp him which he wrote down at the time. Ho stuted he left his house with MrLofiey, and ■it the gate of his garden, about twenty

yards from the house, there was a disturbance. He heard his wife scream out, and he went to her. Hβ declined to say what the disturbance was. He also said he did not report the matter. He _ declined to o-ivo him (witness) any information. Mr Lascelles asked that Mr Lofley might be recalled. Mr Lee objected, as it was not a caso oi rebutting evidence. His Worship took a note of the objection. E. Lofley (recalled) stated ho saw Wilson next morning about half-past six, when Wilson brought him his hat, and said, "I am very sorry for that affair that happened last night." He had lost his hat when he was assaulted. Had not mentioned the fact yesterday because Mr Lee had said he should not mention any conversation. Alexander Weir deposed he was at Tarawera on the 'J 6th of last month. Saw Mr Lofley on that evening about ten o clock. Ho was sitting in the same room with him. His head was bruised, as well as his car. He (witness) came in and found Loiley m the room. Ho came from the post oitico. Saw Cleary there. Was at the post office first. Cleary was there with him about five minutes. Told Cleary he heard Lofley had been badly beat. Mrs Hebberly also told Cleary about it. Cleary remarked that he was not sorry for it, for ho was no_ friend of his, and it was a wonder that he did not got something of the sort long before. Mrs Hebberly said she had seen Loiley. To Mr Lor : Did not use the words to Cleary that Lofley had been struck. Plis Worship said a very serious assault had been committed. The plaintiff in his evidence said lie recognised your voice, but there is nothing else to connect yon with tho assault. "You have made statements that are not contradicted by other witnesses. You bring witnesses to prove you were aw.-iy at that particular time, and there is nothing else to connect you with tho assault, and i give you the benefit of tho doubt, and the case is dismissed against you. Tho evidence has shown you aro utterly unfit to be a member of the Armed Constabulary and I hope that the commanding officer will see that you do not remain long a member of the force. . Constable Wilson was ordered into the prisoner's box, and His Worship, addressing him, said tho evidence in this case has shown that you have been guilty of a strong case of wilful and corrupt perjury, and you stand to take your trial at thonext sittings of the Supreme Court for perjury. Mr Leo asked for expenses, but His Worship declined to allow any. Wilson was allowed bail, himself in £100, and two sureties of £50 each.