AN OAMARU CASE.

Evening Star, Issue 2810, 19 February 1872, Page 2

AN OAMARU CASE.

A manjnamed Francis Henry, a landholder in the Oamaru district, hag been committed for trial on a charge of assault with intent. The Times referring Jto the case says : On the hypothesis of the prosecution it would appear that the prisoner came to the slip-panel in the fence of the paddock adjoining the residence of the Woman Mrs Holmes, upon whom it is alleged that he subsequently committed a criminal assault, or, to be more precise, an assault with criminal intent, during daylight. Mrs Holmes swears that she saw him from the house (a distance of 250 yards); and another witness her brother, who, at the time, was 300 yards distant in another direction, swears that hp saw a man on horseback at the slip-panel at the time in question, and that it was light enough for him to perceive the color of the horse—as at eight o’clock p m. on the 20th January it would be. This witness saw a horse next morning saddled and bridled in the paddock, aud believes it to be the same be bad seen the night before with the man at the slip-panel. He recognised the horse as prisoner Henry’s racing mare Miss Grant. The witnesses on the opposite side swear that Henry riding this same racing mare, came to Gillespie’s Ifakanui Hotel at aboqfc seven o’clock, and did not leave until nirie or ten minutes past nine, aud that it was then dark —so dark that prisoner could not be seen from the Hotel riding down to the river. Now if the evidence for the defence is true, then it is clear that prisoner, having four miles to ride, could not have reached Holmes’ house before, at the earliest, halfpast nine ; and that if it was dark when he left the Kakanui Hotel, and ho could not then be seen a distance of 200 yards, it could not daylight when he reached Holmes’ place, and he coil'd pot then have been seen a distance of 300 yards. Prose? cutrix is a married woman with a young family, and prisoner, who has hitherto borne a good character, has a wife and four children dependant upon him. Altogether th§ case is a peculiar as well as a painful one.