RE IDENT MAGISTRATE'S COURT FOXTON.

Manawatu Herald, Volume II, Issue 89, 2 July 1880, Page 2

RE IDENT MAGISTRATE'S COURT FOX TON.

— ♦■ Thursday, Jui.» 1, 1880. (Before E. S. Thynne, Esq., J.P.) ' INDBCRNT ASSAULT. | John Groo no was charged with having, on the 16th June, committed an indwent assault on a woman named Frances Glad- < stone. The information was laid by the woman'H husband. Mr HwikinH appeared for tbo defend-in*, and askel thu the case align: b 9 Uoari with closed doors : als<>, that all witnesses :night bn ordered out of Court. His Worship agreed ta this. Constable M'Anulty conducted the pro secution. Frances Glailstone deposed — I am the wife of Edward Gladstone, a laborer rwid« ing at Foxton ; I hare known prisoner for about sevenfweeks ; he lived in the house with us six weeks ; I remember my husband ordering a sheep on the 16tb June; he came into town to order it, and left home about 7 in the evening ; he returned between eight and half-past eight o'olook ; no one was with me in the house but my two children and Groome. who committed an indaceut assault upo-i me while my husband was away ; I told him if he did not desist I would call out ; he said, " 1 will stop you from dointj that." [Witness then described the offence.] I was crying when my husband returned ; he asked me what was the matter, and I was afraid to tell him at that t ; me, for fear that, prisoner and he having a contract together, prisons* should claim all the money, or 1 would have told him at that time ; lust Sunday morning, June 27, I told my husband to olear him out, as I would not have him in tho houno any longer. By Constable M'Anulty— Prisoner asked me ou the 16th to leave my Husband and go with him ; I said I would not ; Mr John Symons' house is the nearest to ours, but I do not think they would have heard even if I called out ; I was s tting at the fireplace knitting when the prisoner began hi 3 conduct ; I live in a home belonging to Mr J oh i Symons; no man oan speak against my virtuous name. By MrHiukins — 1 a»n suro I hive not known Groome longer than seven weoks ; the first time I stw Groome was wh. n he rode past our house with my husband, to see this contraot they have had ; I remember the grett flood ; Ido not know whether prisoner was at work with my huaband then, but I did not see him ; I swear my husband never came home sick, and that prisoner never brought him home sick ; I never had cause of complaint against prisoner till the 16th j he never showed me any kindnesses; he may have given mo presnnts.but I never accepted them ; he took them away with him ; he guvo me biscuits, lollies, and porter ; he gavo me the presents about a month ago, but on Sunday lie took them all away, biscuits, lollies, and all ; I never touched them ; I do not know how far it is from my house to Mr Syraons' house ; I did not call our ; a little time ago, my husband went under tho house, to lißten if there was anything between prisoner and me j I had previously told him of Groome ; I complained to prisoner of the noise made by my husband when under the houso, and called his/attention to it ; my husband was jealous, and I wanted him to listen to see if there was anything between us ; I will swear I have had no intimacy with this man ; prisoner always stayed in the house while my husband went to chapel ; he never laid violent hands on me, or made an improper offer to me till thtj 16th of June ; I nevor gave him any encouragement whatever ; the flwt complaint I made was last Sunday ; I refraiued from doing so before because I thought prisoner would atiek to the money for the^contract ; I swear I have never behaved improperly with prisoner ; whon my husband found me crying, I told him I was fretting about home ; I do not know why prisoner asked me to leave my husband and go with him. By the Court — Tho contraot is not quito finished ; the prisoner left off insulting me. because I cried; I started to knit ajjain, and he sat down on his chair ; I told my husband lasr Sunday, although tho contract is unfinished, to turn the prisoner out, as I would rather lose the money than put up with prisoner ; the disturbance under tho houso was the same night as the assault ; my husband went to town after he came out from under the house. By the police— l havo never been alone with prisoner since ; I would nev3r let him go to town at night, and leave me at home ; my husband was goin# to chapel on Sunday morning, and I then told him. By the Court — I tried beforo the icth to get my husband to stay at home (toward Gladstone, husband of last witness, deposed— Prisoner has been working with me since February 16 ; we were living together until last Sunday. I re member ordering a sheep from Easton on June 16 ; it would be between seven o'clock and halfpast eight at night that I was away from home ; my wife and prisoner were at home ; they were there when I returned ; I noticed on returning that my wife hud been crying ; I atked her the reason ; on Suuday last, my wife made v complaint to me; in consequence I told Groome he had better leave my horse ; my work is 2| miles from my house ; when I ow.-ied a horso we came home together ; after I sold my horse, he generally got home ahead of me ; hu also wive me powder aad shot and gun to induce me to go out ; I am not a good nhot; Groome used to tell me where there was good shooting - good ducks and pigeons— and it was always a long distance from home ; my wife often asked me to stay at homo. By Mr Hankins — Prisoner first came to live ut my houso on May 8 ; I think prisoner was at my bouse twice before, and he stayed at my house a few days during the big fl'iod ; that was about the cud of March; my wife was living there then, and prisoner slept in the house and had his meals there ; after I cleared Groome out, he took his things away ; his things cousistcd of blati kets, gun, tout, &c. ; I only know he brought barley-sugar to the house onco, whou he first came for the children ; I did not sec , him take any porter away; I remember one ■ Friday morning — the Friday before the 16th ' — I took the gun with me, because he pressed me ; at night I went under tho house with it ; tho reason was that he prosBed me to take it in the morning, and in the afternoon he told m« of a good place for ducks, about 1 J miles further away from my home ; this aroused my suspicions, and I determined to get home before him ; ho rode and I walked ; I had not time to take the gun inside, so I took it under the house ; I suspected he was wanting to try something, because he was anxious to get me away that evening. B> the Court— lt would be between 5 aid 6 o'clock when I got under the houso ; my wife did not know I was under the hou9u — I had nol timo to go in and tell her ; n.y wife heard me, aad was afraid bo stir ; she told Groome I was under the house ; Growne came and looked under ; Groome saw mo ; wo neither of us said anything ; wo wore iLate* in the contract ; he had the specifications. By Mr Hankins— On the Friday previous lo the 16th my wife told me to take the gun, but to come home. She never complained before, but said she did not care how soon prisoner was out of the house. By the Court— When 1 got bom* on the

night of tlid I6*.h my wife was knitting ; ah? and prisoner were sitting on chairs. A. S. Huston, butoher, deposed — On the evening of the 16th instant, Gladstone purchased from me a carcase of mutton ; I have known both Groome and the Gladntones sincn they have been in the district, find they nil have borne good characters. By Mr Hankius — I have known Groome as a'ateady, industrious man. Constiib.u M'Anulty deposed — I arrested prisoner upon warrant about '4.15 p.m. on Wednesday ; at the time of arrest I read tl?e w>».rran' ever to him ; when locking him up he said he knew all about tbis,as he s*w Eiward Gladstone coming to my place the previous night, about half past six ; ut that time the night was dark ; in searching prisoner, I found a receipt on him [Mr Hankins— For my retainer fee.J for • retainer fee " in re Gladstone." Mr Hanking, in addressing the Court, pointed out in Tery strong terms the unreliability of Mrs Gladstone's evidence, which had been flatly ootradicted on several important points by her husband's testimony. Constable M'Anulty pointed out no uttempt had been made to deny the cha-ge, and thought Mrs Gladstone's evidence had not been shaken to the extent Mr Hankins stated. His Worship thought his plain duty was to dischargo prisoner, on the grounds that Mrs Gladstone's evidence, which was the only testimony in support of the charge, hud been materially shaken in sevoral points in cross examination, and had been flatly contradicted in some poiuts by hor husband. He also thought that the evidence given had been of such a contradictory nature that the police should take furthor actku against one or other of the parties. Prisoner was then discharged, and the Court adjourned.