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CHARGE OF INDECENT ASSAULT.

FOXTON CASE IN SUPREME COURT.

NEW TRIAL ORDERED. The case iti which John Evans, of Foxton was charged that, on June Hi, 11125, at Foxton, he did indecently assault a female under the age of 13 years, was commenced in Ihe Supreme Court Palmerston North, on Tuesday, before his Honour, Sir Robert Stout. An alternative charge of common assault was also preferred. Mr. Coohe conducted the case for the Crown, while Air. Rollings appeared for accused, who pleaded not guilty. The following jury was impanelled:—W. Hunter, W. fl. Ilcrron, W. J. Rodell, li. Archer, J. W. Levons. \V. C. Louden. F. L. East ego, J. Smith, Tf. Forsyth, C. Larsen, W. Chrvstal. and A. C. Model 1 . In outlining the case for the prosecution, Mr. Coolie said that the olTcitcc allegedly look place at Foxton on June Hi last. The child in the case was aged 12 years and ten months. She was sent after school to a store some distance way, and upon returning home passed the house of licensed, who lived practically next door. She saw him silling in the window, and went inside, staying there for an hour or so. Accused then asked her lo go into his bedroom; where, be removed her nether garments and laid his hands upon her. Subsequent medical examination proved that the interference bad not been as serious as was at first supposed, and the charge was reduced to one of indeeeni assault.

In continuing, counsel said dial following this, (he girl's father and brother, in company with another man, accused Evans of the offence. He did not deny it. They then asked him if he would rather go to the police station or take a horse-whip-ping, whereupon accused chose the latter. The father, however, was restraint 1 1 by the other man from laving hands upon Evans, and the party went to the police station, where information was laid against accused. The Court vns cleared and evidence heard from (lie gill, who detailed the alleged assault. To All. 1 rollings, witness said that iherr was no other man in the house. They were alone. Witness, not accused, first called out a greeting when she was passing his house.

After further examination of tin witness, the Court adjourned. The ease was continued yesterday.

In continuing her evidence. Ihe girl staled to Air. Cooke that she had been in at accused's place before. Airs Evans was away at the lime, and witness and her brother were feeding tin fowls. When witness was with accused on the date of the alleged offenee, there was no light in |he bedroom, but there was one in the kitchen. While in Hie latter room, accused too off bis boots.

The girl's mother ilion gave evidence. anil staled than on -lane Hi last she sent liar daughter on an own ml In a grocer's simp nl -l.nO p.m. Il wim only a short journey, and v.lmn the girl did not (mine hack by 5.311, witness became anxious. When the girl eventually did return at (i p.m., she slated that she had been over ni Evans’s. Alter further questioning, witness went at mice for a dor-tor. As far as wit--110.-7, knew, aoeused’s wife was in a maternity home at the time. Witness's daughter had a florin wlt,en she returned home, and witness questioned her concerning il.

PEELED OUT BV HAIR. The huslmnd of the lust witness said that as a result of what his wife told him. lie went over to see if accused was at home. This was at alum! (> p.m. Following tea. wit-

ness again wen! over, accompanied by his son and another man. When tiny got out into the road, they saw a Light in aoeused’s house, and knocked at the hack dour. Somebody called mil : "Who goes there.’” whereupon witness entered the house. He found accused in the hath, and started to question him. Witness told accused wha! he was 7!uspecled of having dune, accused denying that he had interfered with the girl, Im! saying “that he should mil have laken her into the bedroom.’’ Witness then grasped accused by the hair and pulled him out of the hath, lolling him lo gel into hi.-, (lollies. This was done, when the four men walked along the street to a lamp-post, where witness asked accused which he preferred. a horse-whipping or a trip tu tlit* police station. Accused replied: "Do wlmt you like with me but don't take me there.” He preferred the thrashing. However, witness was persuaded by the others not to touch accused. The brother of accused was then made conversant with the tacts of the case, and witness took accused along lo the police station, where he laid information. Prior id this, there had been no ill-feeling between witness and accused.

MONETARY COAIRRO.MISE SUGGESTED. To Mr. Ifullings, witness staled 1 ht lie was at an liotel at the time be heard of the affair. He had been there onlv fifteen minutes and had had two drinks. He denied that he was under the influence of liquor at (lie time, and denied also that the reason why accused’s brother w;m interviewed was because it * sired to lix the matter up « ul) m ; n ev at the suggestion of witness, io the sum of £3OO. AVhen accused

was charged with the offenee, be admitted it. Witness denied that when he dragged accused out of the bath he said: “This will cost you £300.”

Cameron A. Pearson of Foxton, deposed to having accompanied the funner witness and his son to accused's home. Witness corroborated what bad taken place when the girl’s father and accused eatne out of the house. Accused neither denied or admitted the charge.

To Afr Rollings, witness said he bad always known accused as an upright, honest, steady business man. The brother of the girl in the case, IS years of age, gave evidence concerning the visit to accused's house after his sister had returned home.

Constable Owen gave evidence of the laying of the information by the girl’s father, when accused denied his guilt upon leaving the station. Neither showed signs of being under the influence of liquor.

To Air. Rollings., witness said that the charge the father laid was that accused bad attempted to rape his daughter. To Afr. Cooke, witness said that at the police station, accused was given every chance to make an explanation.

“UNTRUE AND IMPOSSIBLE." This concluded tlie ease for the Crown. For the defence, Air. Rollings said that this was another example of eases that might he made lo look very black. If anything improper had taken place at accused’s house, it must have been enacied between 5 and fi p.m., as the evidence of the mother was that her daughter was only absent during that time. As it was, counsel would call evidence lo show that what allegedly ionk place at accused’s house was untrue and impossible. Accused did not arrive home on June Hi until 5 p.m., (here met a triend, whom he invited inside. Ihe girl, who was at the hack door, also followed, uninvited. The three were in the kitchen together for some minutes, and left shortly after, accused being absent from the house until (hlo p.m. Tie denied that lie was in the bedroom with the girl, or that he suggested she should accompany him there, nothing imjproiier taking place, as '.lie other witness could testify. Counsel went on lo deal with the imagination of girls of to-day, and the likelihood that pictures and books might cause the imagining of things that never happened. William Howe, labourer, of Foxtmi, staled that lie went to accused’s house at a few minutes to a p.m. on the evening of June Hh The girl was entering the gate just before him. Accused, who was at Hie wood-heap, invited the witness in. the girl also following. Witness was in the house about ten minutes with accused and the girl. 1 lie lat-

ter was never alone with her, am did not go into the bedroom. A fie:

;ireused had i-hanged his hoots, the (hree left together. Witness took baw of accused at White Street five minutes after they bit the hou-c. The girl was left at the gate. Accused went down the Avenue towards bis brother's and witness did not see him again that

night. At this point, His Honour asked counsel several times not to hurry with the examination, as lie wished to go; all the evidence down. “I am not going to leave it at this.” he said.' "I want to see who is telling I he frulh." To Tfis Honour, witness said that he was lirst asked to give evidence in the ease a week after the ft II pjJPt’l oft OIK* t" 1 . To Mr Cooke, witness said that

accused came to him and asked him if he would give evidence. lliore was no discussion as to the evidonoe either was going to give. Witness had said: “I will 101 l the iruth."

His Honour: Why did you say that when there was no suggestion (hal you should do otherwise? Witness’s reply was confusing, ami the greater part of his following evidence was given haltingly and awkwardly, His Honour plying him with questions that, witness apparently found difficult. SUPPORTING THE ALIBI. Alfred Evans, brother of accused, said that on the evening of June lli, accused came to his house at about 5.5 p.m. with a liorse, leaving at 5.30. The girl’s father later interviewed witness, and was then under the inilucnec of liquor. Witness’s impression was that, the fa I her wanted to settle the inat tei by the acceptance of money. \lemon Bryant, billiard saloon

proprietor, of !• ’oxton, deposed to having seen accused on the evening ut June Hi. Accused came into the saloon at 5.40 p.m., and remained a few minutes, borrowing a match

lo light a cigarette. .Mr. Cooke: You are known as the king of the two-up school in Fox ton / —-.Not .necessarily tlie king. (Laughter). After the luncheon adjournment, Edward Westwood, grocer’s assistant, of Eoxlon, took the box. He stated that on the evening of the alleged offence he was at the house of accused's sister. Accused arrived there at 5.45 p.m., remaining about an hour, witness being present alt the time. To Air. Cooke, witness satu tnat he was a brother-in-law of accused. It would take two or three minutes io walk Horn Bryant’s billiard saloon to the house. Alexander Caider, labourer, of Eoxlon, stated in evidence that he called at accused’s house on June lli at 5.20 p.m. There was nobody there, to his knowledge. To Mr Cooke, witness said that there might have been a light in

ie kitchen, but lie could not see it. ACCUSED’S STORY.

The evidence of the accused, John Evans, was to the effect that tie had been engaged in contracting work witii his brother for the past 12 to 15 years. He was a returned soldier, married, and had one child. On the night of the alleged offence, he arrived home on horseback, at a few minutes to 5 o’clock. He vent inside, and after lighting the ga.-, was attracted bv a cal! from the girl. He looked through rhe window and saw tier holdin up a parcel. He went out, and after guessing at her challenge what the parcel contained, went off to get some firewood. When he returned to the house, he saw Howe and the girl by tire back door. Witness asked Howe to come inside, and ue did so, the girl including herself in the invitation. She entered uninvited. Witness denied that either he or the girl, or both, wore in the bedroom tliai night. All three remained in the kitchen, where no improprielory took place. After from live to seven minutes witness left Hie house to get his horse, Howe and the girl going out to the gate. The two men left her there, and •liter going a little way together, witness went off to his brother’s to return the horse. Witness detailed his movements ft mu his brother’s to the billiard saloon, tlienee to his sister’s and home again by 0.55 p.m. When the girl’- father came to witness's house later and inxaded the bathroom, he said: “You dirty, sneaking, crawling and charged him with luring bis daughter in--1 to bis bouse and attempting to seduce her, saying: "This will co-t you a few hundred.” Witness had l icpliod: “You will get nothing out of me. Wait till T get my clothes ; < is.'' and bwl pimped out of the • hath amt dressed. Later, when ac--1 mi .cd asked him his choice of pun- ' ishmenl, witness said: “I will tab; 2 a hiding.” -«* 1 Counsel: Expwin what you meant a by that —T m amt that I was pre--2 pared to defend myself. INFLUENCED BY LIQUOR.

Witness said that later the girl's Either said that £3OO would settle it. Re Mn! given her no money. To AH. Cooke, witness said his impression was the girl’s father was drtial- Witness was not dragged cut of the hath by his hair. His Honour: Why did you not immediately tell the girl’s lather that you were never alone with her, and refer him to Howe? You withheld your alibi from, him, from the detective, the constable and the lower Court, and only bring it forward now! —The mention by the girl’s father of £3UO put me off. His Honour said that the judges of England laid it down that an alibi must, be produced immediately. This concluded the case for the defence, and counsel addressed the

J'U'yJn summing up, His Honour said that this did not seem a case of blackmail. Surely it was an admission of guilt when accused said lie would submit to a thrashing in preference to going to the police. He made no reference at all to Ilowe, who, if tlie statements were true, could have cleared it all. The girl said she was in the house much longer than the twelve minutes ae-

eased gave. The jury retired at 4.35 p.m. and returned at S.SU p.m., when the foreman intimated that there was no possibility of an agreement. Prosecuting counsel thereupon applied for a new trial, which was lixed for Friday of next week. His Honour remarked that the detectives would inquire into some of the statements made by witnesses in the interim. —Times.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/MH19250806.2.9

Bibliographic details
Ngā taipitopito pukapuka

Manawatu Herald, Volume XLVII, Issue 2919, 6 August 1925, Page 2

Word count
Tapeke kupu
2,407

CHARGE OF INDECENT ASSAULT. Manawatu Herald, Volume XLVII, Issue 2919, 6 August 1925, Page 2

CHARGE OF INDECENT ASSAULT. Manawatu Herald, Volume XLVII, Issue 2919, 6 August 1925, Page 2

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