KAIAPOI OUTRAGH CASE.

Globe, Volume XXIV, Issue 2430, 19 January 1882, Page 3

KAIAPOI OUTRAGH CASE.

At the Resident Magistrate’s Court, Kaiapoi, on Wednesday morning, before 0. Whitefoord, Esq., K.M., and Caleb Smith, Beq., Mayor, William Hart, in custody, was charged on the information of Sergeant Gilbert with feloniously assaulting a girl under ten years of age. Mr Superintendent Broham prosecuted ; Mr M. Haider appeared for the girl’s father. The accused was undefended, and pleaded “Not Guilty.” The father of the girl deposed that her age was eight years on August 26th. At this stage Mr Broham asked that the case be heard with closed doors, which was usual in such cases.

The Resident Magistrate directed the leaving of the Court by all persons except witnesses and the representatives of the press. Mr Nalder applied that the examination of the child might be conducted through Dr. Ovenden.

The Resident Magistrate replied he certainly could not allow it, The witness said :—I am eight year* o age. I have seen accused before. I saw him last Saturday. [Here she was unable to answer further questions put by Mr Broham, and it was decided to defer her examination till a later stage.] Agnew Shaw sworn, said—l am eleven years of age. My father’s name is John Agnew Shaw, living at Kaiapoi. I remember last Friday, the 13th. I saw the accused on that date about eight o’clock in the evening in front of my father’s place. My brother was with me. The accused was speaking to prosecutrix and her and her two brothers ani sister. I saw him giving them 1 ollies, I was only about twenty yards away. They were just in front of their father’s gate. lam quite sure the accused is the man. He had no coat on. Accused was wearing the hat (a black billycock) produced. [The hat being put on accused, witness was sure accused was the man he saw.] I saw him go away and no more. By accused—lt was about eight o’clock when I saw you.

By the Bench—My father’s house is about twenty-five yards from that of the prosecutrix, and in the same street (Jones street). Jessie Graham, sworn—l am thirteen years old, and lire with my mother, Mary Graham, a widow, in Meadow road. X have seen the accused before, in Meadow road on January 13th, last Friday, at about half-past seven in the evening. He was near to where we lived. He spoke to me, and asked me if I knew where some man named Faulkner lived. I said I did not know. He went round Oram’s corner towards Jones street. The prosecutrix* father lives in Jones street. The prisoner had no coat on. He had a black felt hat like the one in Court.

Accused—What time in the evening, missy, was it when yon saw me. Witness—About half-past seven. The prosecutrix was brought into Court again. Superintendent Broham asked if witness remembered last Friday. She faintly replied, “ Yea.” Mr Broham—Where did you see the man ? Witness—ln our street j ho spoke to me. My brothers and sisters were with mo at the time. It was daylight. The man gave me some lollies, and some to my brothers and titters. He asked me to point out Mr

Horae’* place. 1 pointed ifc out. I went with him. My little brother* and eiitcrs did not go, I went with him down on the mud bank opposite Mr Horae’s. He asked me to go there with him. When we got there he hit me on the face. I wa* much hurt. He knocked ms down. Ido not remember more. Do not recollect if he hit me more than once. [Offence described.] He went away after. I remained till after dark. Some people found me.

The Besident Magistrate—Does accused ask: any questions ? Accused—l do not see much use asking the child questions when that man (the Superintendent) cannot get answers to his questions.

James Hurse, J.P., who gave hie evidence from the Bench, sworn—l am a farmer and stockowner residing at Kaiapoi. I remember Friday last, 13tb. I heard about 10.45 that the prosecutrix had been lost, and accompanied by others I went in search of the childWe_ succeeded in finding her about half a chain from the morgue, and fifty yards from my house. The child was found about eleven o’clock, and we went in search of the man. Near where the child was found I found a child’s hood and man’s hat (articles produced and identified) —the hat had blood on it. The articles were five yards from where the child was found. The place referred to was between an embankment and the road, where there was about an acre of close-growing willows—the willow which grows from the roots, and so close that the children often play hide and seek in them. The place where the child was found could not be seen from the road. The place was very mnoh disturbed. The hat and hood were about a foot from each other. The ground was disturbed by the grass being torn up, and the earth mixed up with the leaves and grass. We got a description of a man. and continued the search, and proceeded to Mandeville, eight miles from Kaiapoi, Sergeant Gilbert went with mo. We got to Hart’s house about 3.30 on Saturday morning. Accused was in bed when we got there. We roused accused np. I saw his clothing on the floor. There was a pair of drawers inside a pair of trousers. He began to dress by patting these on. The trousers and drawers were those produced, and the former were stained. The legs of the trousers were wot and mnddy. The knees were wet and muddy. We examined them by candle light, I did not observe at the time any spots on the trousers. I painted out to one James Clark where I found the child, and also where the bat and hood had been found. The accused’s boots and socks were wet and coated with river mud, the ' slimy kind which is alone found on the Waimakariri. I examined his finger nails and hands, and it appeared to me that be bad just washed them, as they were scrupulously clean. Witness farther described accused as appearing to have been recently washed. Accused Did I say anything to the sergeant ?

Witness—You said yon expected him. Accused—l deny that. Witness—About some robbery. Accused—l admit that. Did the sergeant take the trousers P

Witness—Yes ; and you admitted they were the pair yon had worn that day. Accused—Did I not ask the sergeant what he wanted if it was not for the house or the robbery affair ? Witness—No j he said ho was there for something else. Accused—Did the sergeant tell me the charge ?

Witness—You did not ask him the charge. The sergeant told yon the charge in a short time.

Accused—Did I repeat any words then ? Witness—Yon said what (using an oath) do you mean by that P You mean to swear a man’s life away. You also said yon had not been at Kaiapoi since last Friday week, and then you qualified it by saying you had been there the day before. Accused—Did I not say God forbid I should do snob a thing ? Witness—l think yon did. Sarah Bobinson, nurse, gave evidence to the effect that she hai examined the child after she had been brought home. James Clark, well sinker, deposed—At the scene of the assault on Saturday I picked np two threepenny pieces, sixpence, a knife, and matchbox. Afterwards, at 9 a.m., I found a button, and saw some lollies where the ground bad been distnrbed. The lollies were of three kinds. I pnt them in the tin. The same are now produced. I gave the lollies and the tin to Mr J. H. Evans, and the knife and box to the police. Emily Blanche Fowler, wife of P. L: Fowler, greengrocer, Kaiapoi, deposed—l know the accused —not by name. I saw him at our shop on Friday, 13th, between 4 and 5 p.m. He purchased sixpenny worth of lollies, and tendered one shilling in payment. I gave him two threepenny pieces in change. The lollies produced (found by Mr Clerk) are similar to those I sold him. There wore three kinds mixed. He had no coat on, and was wearing a black hat like the one produced.

Accused—Are you positive I am the party who went in and bought lollies from you ? Witness —Yes ; I am positive. The Besident Magistrate—Had yon seen the man before P Witness—No. Besident Magistrate—Are you positive he is the man ?

Witness—Quite. Alfred Piper, licensee Kaikamii Hotel, Kaiapoi, deposed—l know accused by sight. I saw him at my hotel on Friday, 13th, between 10 and II a.m. and between 2 30 a.m. and 4 p.m. I didn’t take much notice of his coat —whether he had one or not. He was wearing a black hat similar to the one produced. Accused—Was I in town between 10 and 11?

Witness —Tes ; when I was wiping the counter I served you with a pint of beer. The Resident Magistrate—Are yon certain ?

Witness—Oh, yes ; he had been in several times before that.

Abbinsdunn Ryan, wife of Michael Eyan, Christchurch, deposed—l know the accused, I rather think. He lived with me since April last, with my husband and daughter. [The hat was handed to witness.] Thera are ao many bats the same, but I think this is the one he was wearing on Thursday, the 12th. I last saw him wearing it at 4.30 that day, at his house, at Mandeville. I am not sure of the hat, there are so many alike ; bat I think it was the one. There were tassels on it, which have been torn off by gorso he was cutting. By the Resident Magistrate—While I lived with him he had three hats. A hat was here produced which witness said he never had. There was a brown hat and another and the one in Court.

Accused —Can you swear that is my hat ? Witness—l believe it is like one you wore when you were in my house. Accused—Oan you swear to it P Witness —It is like the one you had. Accused —Did you ever notioa stains cn my clothes ?

Witness replied in the affirmative. William Gilbert, sergeant o£ police, deposed—From information received, I went to the accused’s house at Mandeviile on Saturday morning, 14th. at 3.30, with Mr Hursa. I went to the back door and rapped. Someone shouted out, “ What do you want ?” and in a few minutes accused came to the door. I asked him when ho was at Eaiapoi last. lie answered, “ I have not been to Eaiapoi for some weeks.” I said, *' Do you mean to say you were not there yesterday ?” He replied, i“ Yes ; I was at the Eaiksnui Hotel.” I said, “ Were you not at the Pier Hotel ?” He said, “ Is that Pattman’c Hotel?” I said “Yes.” Ha said ‘ I was there and got some drink.” I then told him to put on the same clothes as he was wearing on Friday. I then called for Mr Huts?, who was at the front door. We went in to his bedroom. He was in the act of putting on the trousers and drawers (produced). The drawers were inside the trousers. We examined them and found stains on them, which witness described. There were two or three stains on the trousers’ Jog. I (old him to put on another pair, and I should arrest him on suspicion of committing a criminal assault on a little girl at Eaiapoi. Ho said, using an oath, “Well, you have not got the right man this time.” Accused—l wish you to explain the word: of what I said. Witness—You said, “ What (using an oath) does this mean ?” Accused—Did I say, God forbid I should do such a thing. Witness—You did. Accused—Did I use the oath stated ? Witness—You did. By the Besidont Magistrate—Mr Burse took the hat produced to the house. There is a woman, a daughter of the witness Byan, living with accused- She was in the bedroom with accused, Mr Huice had the hat in hie

band. Ho a aid to the woman, “ Did yon over see this hat before ?” She examined it, and replied “That’s Bill’s hat” (meaning aoensed). Accused said, “ No, this is tho hat (pointing to a brown one) that I wore.” Wm. Henry Orenden, legally qualified medical practitioner, Kaiapoi, gave technical evidence. A, Piper, recalled —I see tbo two hats in Court. That (pointing to a brown one) is not the one accused was wearing j he was wearing this black one, or a hat very much like She Resident Magistrate thought the evi deuce of Mr Evans, to whom the lollies were given by Mr Clark, ought to bo taken. Mr Broham—We do not depend so much upon that, but ho cm be produced. Thi-j closed tbo case for the prosecution. The accused gave an explanatory statement ; efter which he was committed for trial at the next session of tho Supreme ■Com t.