MAYOR’S COURT.

Evening Star, Issue 3135, 7 March 1873, Page 2

MAYOR’S COURT.

This Pay. (Before his Worship the Mayo 1 ,) Alleged Criminal Assault. —John Gibb was charged with having committed a criminal assault upon .Jessie Hay, aged eight years, at Woodhangh Valley, near the Water of Leith, on the ordinal. Accused was not defended.—James Hay, sworn : 1 am a wood-cutter, and resole at Pine Hill. I have a daughter named Jessie, who now present, I produce her hapli m certificate. Shc.was horn on the 2nd of October, ISG4, and resided with me on the 3rd inst. Jessie Hay, who was not sworn, said ; The la-d witness examined is my fatln r. 1 remember last Monday evening ; and at about six o’clock that night I was sent by my mother to the Water of Leith Toll-bar to get some bread. A little boy, named James Henderson, accompanied me. We went a short cut down through the bush, and after leaving my mother’s house some time, I met a man with a cart, by the river and neara house. The man said to the little boy I was with “Hall’s Jemmy, will you go to the river for a chain, for me ? ” which he did. While hj 3 was away the man dragged me into the stable, which was close by, and from the stable into the house. There was no one there. [Witness then detailed an attempt to commit the offence.] I then screamed out. He opened the door, and I ran away. He ran after mo. [She then detailed a second attempt.] I ran and opened the door and got away. The man went to his wood. The little boy Henrierson was then coming l oack. Accused is the man referr dto I was crying when Jemmy came back and told him what had happened. I then went for my message, and returned home to ny mother: I did not tell her then what had occurred, as I was afraid. By accused : You then offered me a shilling and a ha fcrown, but I would not take them. —Sarah Ann Hay sworn ; I am the wife of James Hay, and have only been in the Colony since Christmas Day. I remember Monday evening last, and on that night, I sent my daughter Jessie to get three Joave-. of bread ; James Henderson accompanied her. She arrived home about eight o’clock with the bread, the little boy being with her. I noticed she had been crying, but I was so glad to see her home, bccau-e it was the first time I had sent her, that I did not ask her any questions. I gave her tea, and put her to bed. Almost immediately after that, Mr Henderson came in, and asked where Jessie was. Jessie, at that time, was sitting up in bed. From something which passed, J questioned Jessie, who told me what had occurred. I have heard her evidence given in Court to-day, and it is the same as she told me on Monday night and Tuesday morning. As we passed the accused on Tuesday morning, on our way to report the matter to the Police, Jessie said, “That is the man,” pointing to the accused, “who dragged me into the stable, and into the house.” I had never seen the accused before.—By accused : On Tuesday, when I passed you, you said to me. “Mistress, what’s up?” My husband at this time was looking on the name painted on the dray, over which the accused had charge. I did not answer your question ; as my husband had told me not to speak to you.—James Henderson, sworn : I live at Pine Hill, near Mr Hay. I remember last Monday evening, and at six o’clock Jessie Hay and myself left to go a message to the Water of Leith Toll-bar, taking a near cut through the hush. On our way we met John Gibb, the accused, whom I have known before. This was near a house and stable in Woodhangh Valley. He said, “Well, Jenny, is that your sweetheart ?” He then said, “ Will you go and look for a chain for me and seek it, till you find it ? It is lying on the fence, and I will give you some apples for doing so.” I went, leaving Jessie and the accused alongside of a dray. I was away, I should think, about half-an-hour, and when 1 returned Jessie met me crying. She told me something which I afterwards told to my father. During my absence I sought diligently for the chain, but could not find it. The accused requested me to go back ; and it was on my return the second time she was crying. On the first occasion, I saw accused leading her into the house.—At this stage of the proceedings Mr Wilson arrived, and said that some of the friends of the accused having called on him he had promised to act as counsel. Not having had an interview with accused, he had been unable to prepare the defence. — George Henderson sworn : I reside at Pine Hill, and remember Monday evening last; and on that occasion, saw mv son returning home about eight o’clock. From something I heard, I went to see Mr and Mrs Hay. I saw them, and the girl Jessie, who was in bed. She appeared to bq wild-looking. I communicated something to her parents. I have heard my son James give his evidence, and it is the same as he told me on Monday night. —Pr Borrows deposed to examining the rerson of Jessie Hay, and finding marks of violence on it. —Constable Anderson : At one o’clock, on Tuesday, I arrested the prisoner at Wpodhaugh, in the house of a man named Tabor, his employer. I charged him ip terras of the warrant. He said, “ I know nothing about it. I saw Henderson with a girl, on the bill, but was not near enough to speak to them. This qlosed the Crown case After being cautioned, accused said he would reserve his defence. He was committed for trial, hail being allowed in his own surety of L2OO, and two others of LIOO each. Petty Larceny.— Eliza Wood was charged with stealing eight cabbages. Mr? Chambers said she first saw accused’s daughter go into the garden, and afterwards accused herself, who cut a cabbage and took it away. She was discharged.