Police Court.

Manawatu Herald, 11 February 1893, Page 2

Police Court.

Thursday, 9ih Feb. (Before Messrs Thynne and McMillan. J's.P.) CIVIL OASES. Judgment for plaintiffs was given in the following undefended cases : — H. P. Foster v Walter White. £1 11s 4d, costs 6s. Elizabeth Hawkins v. George Wearing, £11 4*, costs 81s. John J. Meldon v. George 0:- borne, £4 Is 2<l, costs 163. Tasman tSteinmuller v. James Dudson, claim £1. This was a claim for a week's vrages retained in lieu of notice. After both parties had been heard the B<?nch gave a verdict for the defendant. The Court then adjourned to 1 80 p.m. CRIMINAL. On the Court resuming, the case against William Kinley was inquired into. Sergeant Slattery, assisted by constnble Gillespie prosecuted and Mr Hilliday of Fitzherbert and Hallidav, watched the case on behalf of the accused. I William Kinley was charged that on or about the first day of February he did unlawfully make an assault upon one Emily Christina Nelson with intent, etc ' The first witness called was. Emily

Christina Nelson who deposed that she was 11 years of age and was the daughter of Carl Peter Nelson living in Foxton. On ths morning of Wednesday the first instant she leit honii a little after six in the* morning and went down the *ram road. She met the prisoner who asked " Where is the first mill " to which fhe replied she did not kuow. He then knocked her down on Lo the grass and tore some of her clothes off He had a knife in his hand and the big blade was open ; when she was knocked down she rolled over to her right side, then on to her face, and then the prisoner turned her over on to her back and stuffed her mouth with a piece of her clothing ; he then attempted the offenue ; when he left he went towards Motoa and she ran home through Langley's paddock and the Cemetery ; she went with the doctor and Constable Gillespie and pointed out the place where she was knocked down ; she saw the constable pick up a portion of her clothing there ; she was quite certain that the accused was the person who assaulted her. Mary Jane Nelson deposed to lier daughter Emily having come home between 7 and 8 o'clock in the morning crying with her two hands up to her face, which was all scraped with bits of skin torn off and her eyes bloodshot. ; (the witness detailed the ; state of the child's clothing) ; the child could scarcely open her mouth the next day and it was bruised inside about the roots of the teeth ; she did not know the prisoner. William Thomas Dernier deposed that he was a legally qualified medical practioner pra ctising at Foxton ; he was called on to examine Emily Nelson on the first instant ; (having detailed the appearances the witness assened that he could find no injuries to any portion of the body but the face of the child) : he accompanied the constable and the child to the scene of the assault and corroborated the child's evidence. " : John Gillespie deposed— l went in search of accused on the afternoon of the first instant and found him at the Paiaka hemp mill ; I asked him where he had slept the night -pre 1 -.:, vious, he said "in the old tram shpds at Foxton ;'" I asked him if he had come out from there that morning and which way he had" come, he then said " lam perfectly innocent I said "Innocent of what" ?;' I repeated the question more than once but he made no answer; I then asked him if he had seen anything of a little girl coming out that morning ; T asked him if he knew who I was, he said "No " ; I then told him that I was Constable Gillespie from Foxton and that I was going to arrest him for having assaulted and committed a rape on a little girl named Nelson ; he said he had not seen any lit tie girl ; I then searched the prisoner ; the knife produced I found in his hip pocket, I had asked him if he had a knife and he said that he had ; I found a hand* kerchief and a pocket book containing two letters ; I asked him if he had a swag, he said that he had and it was up at the house ; I went to the house and got the swag which is now produced before the Court and which he said belonged to him ; I conveyed the accused to the Foxton lock-up ; the following day juat before the Court opened I placed the accused in the body of the Court amongst I should ." say about 20 different men, and while there the child Christina Nelson pointed him out as the man who,had -; assaulted her ; shortly afterwards he was charged with the offence aud remanded ; about 2 hours after' he was remanded he caHed me to the cell and asked if I would send for the father and the mother of the child ; I asked him what he wanted them for, he said, he wanted? to apologize to them and would pay anything to settle the case as he did not wish his mother to hear of his being in the lock-up, as he knew 5 it would be the cause of the death of his mother if she heard of it ; I ■ told him that it would be no use my going for them, that it would be a waste of time that it could not be settled ; he was crying very much at the time and seemed greatly upset ; after the prisoner was lodged in the ocknp (on the Ist), I accompanied the doctor to Mr Nelson's house and saw the child ; she handed me the clothing produced, and they have been in my possession since ; Dr Dermer, Mr Nelson, and the child and myself went on to the M toa road and the child pointed out a place where she alleged the assault had taken place ; I noticed a piece of calico there, I picked it up, that is it produced in Court, the smaller^ portion of the pair of drawers, that has also been in my possession since. This was the case for the prosecution, and the prisoner having been duly cautioned declared "I have nothing to say in the matter." The accused was then committed to stand his trial at the next sittings of the Supreme Court to be held in Wellington.