RESIDENT MAGISTRATE'S COURT.

Kumara Times, Issue 1501, 20 July 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, July 18. [Before H. A. Stratford Esq., R.M., J. O'Hagan, Esq., and A. C. Campbell, Esq., J.Ps.] INDECENT ASSAULT. William Bin-field Galland, carpenter, of Kumara, was charged, on the information of James Rugg, that, between the Ist day of October and the 31st day of October, 1880, at Kumara, in the colony of New Zealand, he did unlawfully and indecently assault a certain female named Alice Rugg, and did then and there put his hand up the petticoats of the said Alice Rugg, and on a private part of her body, being an indictable offence.

Mr Pnrkiss appeared for the informant ; Mr Perkins for defendant.

There was another precisely similar information against the accused, for which the same counsel were both engaged, and as the day was far spent on the previous case, Mr Purkiss, counsel for the informants, agreed with counsel for the accused that if there were a committal in this case, the other should be withdrawn ; moreover the evidence, as will be seen, would have been almost a repetition of that which follows.

Alice Rugg, being sworn, deposed: I am a daughter of James Rugg, hotelkeeper, of Kutnara. I know the accused, Mr Galland. I knew him last year. I recollect seeing him in October last. I visited him in October last, with Lizzie Mogdridge. We were walking by, and he called us in. We went in—into his workshop. No one else was there but the prisoner. It was in the afternoon. I do not remember the day of the week. I recollect because it was a day or two before Annie Mogdridge's birthday. When we went in, Galland shut the door of the workshop. He commenced to look at the pictures. He exposed himself. [Witness here described the mode of exposure.] He said I have a little box to show you; he showed it to us. A round thing was in it. He said he had lent it to a good many old women at the first of the rush. [Witness then decribed how accused said it was used.] He said he would not lend it any more. He then put the box away. He caught hold of me and [*insulted] me [in the manner described in the information], lie caught hold of my arm; he touched a part of my person. He said nothing. I said " Let me go !" Lizzie Mogdridge tried to pull me away, and he then got hold of her. I then went to the door and tried to open it; I could not. There is only one door to his

* These words are used, here and elsewhere, in brackets, instead of the words of the evidence, which are not fit for publication.—Ed. K.T.

workshop. While f was trying to open the door he [insulted] Liiaie Mogdridge; I saw him. He said nothing. Lizzie Mogdridge said nothing. When we first went in Galknd sent Lucy over the way for a newspaper. Lucy brought the newspaper. When he saw Lucy coming, he opened the door to let us out. I did not notice how he opened the door. I told Annie Steuhouse, Kate- Toms, Agnes Toms, and Maud and Lucy Galland. I told thetn all I have now stated, but I did not tell them about the box. I told Mrs Galland two days afterwards. This is all that took place. Lizzie Mogdridge and I went in together, and came out together. He did not offer me anything. He offered Lizzie Mogdridge 5s and a picture frame. I heard him offer it to her. He offered it to her if she would let him [abuse] her. We gave a scream; both of us.

Cross-examined by Mr Perkins : I recollect a school concert taking place. Lizzie Mogdridge sang at it. This affair tuok place about three monthsbefore that. It was after school that we went in to Galland's workshop; after half-past three. Lucy Galland went to Bremond's for the newspaper. She was away about five minutes. When she came back we were in the workshop ; the workshop has two windows and a door facing Seddon street, fifteen feet from the footpath! The workshop is only of weatherboards; it is about three or four feet between the house and the workshop. When I say I screamed, I did not say anythiug, I let a yell out. Gallaud buttoned his trousers up again ; he buttoned them up before Lucy came in. He had them buttoned up when he took hold of me. He had them buttoned up when he offered Lizzie Mogdridge the ss. He made use of improper words when he offered Lizzie Mogdridge the money. I told Annie Sten house of it in the front of the school, in Tui street, I told Kate Toms of it at Drummond's corner ; this was next day. I. told Agues Toms of it in front of the school. Lizzie Mogdridge was with me when I told Annie Stenhouse. We were not playing in Galland's shop on that day. I fixed the date because Mrs Galland asked Annie why Lizzie called the house " low." We went from the workshop into the dwelling house; we went there to show the pictures; we showed them to Mary, Florence, Lucy and Maud. Wo stopped there about a quarter-of-an-hour. I did not play the piano. When Mary saw the picture I had she wanted one, and I promised to bring her one. Miss Mavy Galland at that time taught me sewing in the school, I did not at that time say anything about their father, insulting us. I did not say anything to my father or mother about it then. I did uot like to. I have only been to the house twice since then. Florence, did not come in the shop while we were there. I did not go into the house with Florence with the pictlires. I recollect Mrs Galland making some pinafores for my mother, at the beginning of this year. I went twice to the house whilst the pinafores were being made. I never stopped at accused's house to tea afterwards. - V~

Lizzie Mogdridge, being sworn deposed : I am 14 years of age, and am the daughter of Thomas John Mogdridge, draper, of Kuraara. I know Alice Rugg.- I know Galland, the accused. I remember being with Alice Rugg t and seeing the accused last October. I saw him in his workshop, lie called us in to tell us our pictures were done. We went in. No one else was there besides Galland. He shut the door when we went in. He exposed himself. He got a box. [The evidence here is riot fit to appear in print.] He [insulted] us ; Alice Rugg first. I tried to pull her away. She did not say anything. I did not succeed in pulling her away. Me let «o of her, and caught hold of me ; and [insulted] me. He said he would give me 5s if I would do something bad to him. I cried. Alice Rugg tried to pull me away; but could not do that, and went to try and open the door. She did not ojieu the door. We both .screamed. He let us out after we screamed. No one wan in the workshop besides us; I did not see Lucy when we came out. I told Lucy and Maud Galland next day, as we came home from school. We told Annie Stenhouse, Kate Toms, Ai>nes Toms, and Jane Seddon ; we did not tell thei'n all the same day. We told Mrs Galland of it on the second day. I did not tell my father or mother. I did not like to.

Oos-wexamined by Mr Perkins : I sang a song at the concert to buy books for prizes for the State School. It was before the concert that thia insult took place. My sister's birthday is the last day of October. Mr Galland called us in. Lucy was with us. She want to Bremond's for the paper. Bremond's

is on the opposite side of the road. I did not aee her afterwatds. "We both screamed-. We screamed ovit " Let us go !" We screamed very loud. I went home then. Alice Weill With me. Alice, did not go into Mr Galland's house. I recollect all that took place ; it was in the afternoon, after school. I was with Alice when she told Annie Steuhonse; it was in front of Kroener's, the baker's, in Seddon street. I was with her when she told Agnes Toms ] that was in the playground at the school. Mr Galland had buttoned up his trousers when he caught hold of Alice, and when he caught hold of me. We have not talked the matter .over to-day. We did not speak about it last Sunday before we went to the Sunday school. I never told my father about it till the week before last. I have never been to Galland's house since. I have been since to borrow a song; I forgot that. I recollect Miss Galland refusing to recommend me to have a prize for sewing, because the work was hot clean. My. father was very vexed about me not getting a prize last Christmas.

[Mr Put kiss here objected to evidence being, produced concerning a third person.] .

Witness continued : I have not been annoying to Mr Galland and the rest of the family because I did not get a prize. I used to go to Mrs Williams' school. I know a lad by the name of Effie Ross. I never told the girls at school that I went into the bush with Effie Ross for improper purposes. I did not tell Mrs Ritson'a daughter so. I never told Carrie Rugg that I ever went into the bush with him.

By MrPnrkiss : I do not remember how long I have been at the State School ; I think about eighteen months. I was at Mrs Williams' np to that time. Annie Stenhouse, being sworn, deposed: I am 13 years of age. I understand the nature of an oath. I live at Dilhnan's Town, with my parents. Igo to the State School, I know Alice Rugg and Lizzie Mogdridge. I know Mr Galland. I attended the State School last year. I recollect Alice Rugg and Lizzie Mogdridge telling me of something that had happened with Galland ; it was last October or the beginning of November. They said that Galland had indecently assaulted them.

Cross-examined by Mr Perkins: I remember a concert. taking place for the State School; it was before the concert they told me. It was opposite Kroener's, the baker's, in Seddon street, where they told me. Agnes Alice Toms, being sworn, deposed : I reside with my parents at Kumara. I know Alice Rugg, and Lizzie Mogdridge. I went to the State School with them. I went with them to the State School last year. I know the accused. They told me about.nine months ago that Galland had done something to them. They said Galland insulted them with his hands.

Cross-examined by Mr Perkins: Alice Rngg told it to me iu the playground. Lizzie Mogdridge never told it me; but Lizzie was there at the time. Nine months ago would be in September. This closed the case for the prosecution. The Bench charged the accused iu the usual way. ; Mr Perkins in opening the case for the defence, made an eloquent appeal on behalf of the accused,and concluded by calling the first witness, ! Mary. Alice Burfield Galland, who, jon being sworn, deposed: I was 19 years of age last January. I am a teacher in the State School. I know Alice Rugg and Lizzie '. Mogdridge. I remember Alice Rugg and Lizzie Mogdridge bringing in some pictures to our house ; she promised us some pictures when her father got some more drapery. I understood they came from the shop because they said they had just had the pictures framed. Our parlor is the nearest room to the workshop. The space between the two places is about three feet. I did not hear any scream or cry come from the workshop. I cau hear the voices and sometimes the words that are spoken. I could certainly have heard the girls if they had screamed t>r called out, if they were in the workshop. Mother and Florence were out at the back washing, about fiifteen feet away from the back of the workshop. Alice Rugg and Lizzie Mogdridge came into the parlor; my sister Lucy came in either with them, or a minute afterwards. Alice Rugg, I think, played the piano. They stayed about five or ten minutes. I have complained of Lizzie Mogdridge's sewing. Alice Rugg has been backwards and forwards frequently since 1 this happened ; has been at dinner and tea in one clay—a day that I wa6 washing

Cross-examined by Mr Purkisß : It was before Christmas ; it was in Sep-

tember, on a Tuesday. It was because I was away from school that I remember it; I had heen ill, and it was the first day that I had beeu out. I had V>e6n ill and away from schooh My father did not ask me> but ray mother asked 'me to say something of what I have sail. Lucy Gailand was not there at this time; she did not come in.

Cross-examined by Mr 'Perkins'!' t recollect Florence corning into the room. Florence Came, I thiuk, to see if my sister Maud had gone on a message I had sent her to the store. 1 have been hi Greymouth a fortnights lately. Florence Gallancij being sworn," deposed : lam 16 years of age. I am a daughter* of the accused. 1 recoHedb washing about midday. About dinner time I heard someone talking in my father's workshop/ There were Alice Rugg, Lizzie M'ogdridge, my sister Maud, and my father. They came ia to see if the picture frames were done. I sent Maud on a message to Rudkin'a store. Alice and Lizzie came out with - me into our own shop. They came •. into our front parlor. There was no one there when they first came • in. Mary was in the bedroom. She came out of the. bedroom into the parlor". Lizzie Mogdridge promised her the next picturei that came with! the calico. I recollect Alice Rugg. playing the piano. I recollect Lucy coming in. Altogether' the girls stopped about half an-hour.'. We bad been washing from the morn- ; ing. If' the girls had screamed or ; called out, I should have heard thehu Since that day Lizzie Mogdridge not been so often as Alice Rugg to ffie; house. _ Alice Rugg has been frequently';' she has been to dinner and tea.

Cross-examined by Pnrkiss :' My sis* ter was ill for a week; she had only got up on the da j I have mentioned. My sister and I have not talked over the evidence we were "going to give today. My sister Mary told me to tell the truth. My father has not told me what to say;; he told me only to tell the tuutb.

Mary Jane Marlow was-called, bat did not appear, through some informality. A warrant for her appearance in Court was made put, but prior to its being served, Mr counsel for the defence, stated that he had information that the young person was subject to fits. He remarked that the evidence-: this witness was subpoenaed for was' very material to the defence, bnt he would not like, under such' circumstance.s, to take upon himself the risk of bringing her.to Court at this hour of the morning. He would ask for an adjournment of the Court.

Caroline Rugg was then called, who, on being swtirn, I am a sister of Alice Rugg. I know Lizzie Mbgd ridge. I recollect her going to Mrs Williams' school. I know a" youth' named Effi'e Ross.. I never heard hertalk about anything havihg'fcakehplace between her-and Effie Rosa; I never told Gal land as he was bringing ; me home that I had heard anything immoral had passed between Lizzie Mogdridge and Effie- Rosa.- > , • ■•<- ' The case was now (4.10 a.m. Tuesday) adjourned till 10 a.ra. - . ; - ; Tuesday, July 19: - Mary Jane Marlow was called. Mrs Ritson, the mother, made' her appearance staling that her daughter had had two fits, in consequence of this affair.. She could not come. Mr. Perkins stated that the evidence of this witness was very important fbut he supposed he must dispense' wifti' it. '" ; • •""' ■:-:'- T*i \. •'..-;.';

Henry Hewitt, being sworn, said: I am a carpenter, living in know the accused. I was .working for him from about October to December ; I will not swpar positively, but about three months/ I was working occasionally' away from the'premteesf during this time. I was working foil him nearly all the time referred/ td.; wl know the position of the workshop and the private house ; there is about four feet between. If anybody had called but in a high tone of voice, they could have been heard in the private?- house, or from outside. I have never, anything in the shop of an immoral, nature. Since last October I ham.jOn' one occasion seen Alice Rugg in,Mr, Grallaud's. .• ~...,»»* His Worship, to the, accused : yrs,\ liam Burfield Gallaod—The Bench-oop- 1 sider this, is a prima facie case, tfor., trial by jury. You are committed,to s take your trial at the next sitting <of the District Court, to be holder f jUv, Hokitika..

Mr Perkins applied thatiheprisonfir may be admitted to bail,: and,, in. consideration for the family of theacqused, that it may be made as light as possible. The Bench: Bail will be allowed, hinißelf in £IOO, and two sureties of £SO each. ' "* ; The Court then adjourned.