AN OWAKA CASE

Evening Star, Issue 19787, 10 February 1928, Page 7

AN OWAKA CASE

ALLEGED INDECENT ASSAULT JOHN MILLER ACQUITTED Hoariiu' was continued before His Honor Mr Justice Sim in the Supremo Court to-day of the _ two charges ot indecent assault against John Millei, who was alleged to ha ve com nutted the offences at Owaka on October ‘hi of last- year. There were alternative charges of common assault against accused. ' The Crown case was heard on Wednesday afternoon, it being alleged that accused, who is a farm laborer, called tho little girls, aged six and seven respectively, to the side of a road and there committed the offence. When tho case was resumed this morning Mr C. J. L. White addressed tho jury for the defence. Ho warned the jury that tho evidence of the little girls should be scrutinised with the greatest care. Ho suggested that the way in which one of the girls had quickly told them about what happened over lour months ago showed she had been “ primed.” The story of accused that ho went to the children to warn them to keep away front his dogs was a, reasonable one, and his evidence in that particular was born out by tho girls themselves. Tho conduct of accused after tho alleged occurrence was consistent with innocence, as lie had never varied in what ho told the police immediately afterwards. The Crown Prosecutor (Mr F. B. Adams), in regard to the suggestion that tho children were. “ primed,” said it was hardly likely that such young girls could bo capable of concocting such a story about an innocent man. It had been stated in the first place that accused was in view of bis brother all the time, but the jury now knew from the evidence that that was not so. His Honor, in summing up, said the case very largely rested on the evidence of the two children. Hardly a sitting took place at Dunedin, and the same was true of the other centres ot the dominion, at which men were not convicted on evidence such as had been given in the present. From time to time juries had convicted men on the evidence of young girls. As a rule, there was the e-idence of only one child, but in the present case there were two girls who deposed to tho same facts. His Honor said it was not likly that girls of six and seven would, out of their imagination, make up such a. story. The jury retired at 10.10, and returned at" 11.10 with a. verdict of not guilty on all counts. The, accused was discharged.