MAGISTRATES' COURT.

Nelson Evening Mail, Volume XIV, Issue 138, 11 June 1879, Page 2

MAGISTRATES' COURT.

[Before C. Hunter Brown and A. S. Collins, Esqs., J.J.P.] F. Irvine, W. Sutton, and J. M. Pierson were fined 5s each and costs for breach of the City by-laws.

Assault. William Rowe was charged with assaulting Lucy Mercott. Mr Percy Adams appeared for the complainant, and Mr Bunny for the defendant. Lucy Mercott, 18 years of age, stated that she was a servant at Mr Stratford's in Aniseed Valley. Last Sunday week she had been to see her father, and was returning to Stratford's on horseback, when she met defendant, who was quite a stranger to her, also on horseback. He stopped and wanted her to get off, which she refused to do, whereupon he tried to pull her off, and a struggle ensued, in which the saddle girth broke, and she fell off. She tried to mount again, but he pulled her back. She walked round and round her horse, and he followed her and tried to put his hand up her clothes. He snatched the bridle out of her hand, and led her horse away. Mr Stratford, senior, then came up, and she told him what had occurred. The witness was then subjected to a searching cross-examination upon certain discrepancies which occurred in her evidence as given yesterday and to-day. She was unmarried, but had had a child. By the Bench: I didn't ride away when he was dismounting, after asking me to stop, because he had hold of my bridle. I did not scream. Stratford's house was within a chain of us. I did not consider there was sufficient reason for me to call out. William Stratford was sitting on his fence about sis chains away, when he saw his son's horse on the road. On the other side of it he could see two heads. He then saw a woman run round the horse two or three times and a man after her. Once he saw her try to mount and then fall back., Again she tried to mount, and the man tried to pull her back. He then went down and found out who they were. Defendant was leading the girl's horse by the bridle, and she was following. She looked excited and hot, tears were in her eyes, and her dress was dirty. She said she had been stuck up by the, defendant, who said nothing. Cross-examined : If defendant had given the complainant a girth, it must have been before he saw them. The saddle was not turned then. Rowe's horse was 150 yards away at the time. This closed the case for the complainant, and Mr Bunny having addressed the Bench for the defence called William Rowe, who said, I am manager for the Aniseed Valley Copper Mining Company. On Sunday morning the 1st June I went to see Mr Stratford about taking up some land. I rode down the hill on my return and got off my horse for a purpose, and was just about to remount when I saw a woman with a blue veil riding towards me As she passed I bid her good-day, and she then pulled up, and I recognised her. I spoke to her, and she told me she had been stuck up by her horse, and that one of the girths was broken. I said I would let her have one of mine. I then took it off my saddle, went to her, and buckled it on the off side, and then went to the near side. I had to move her legs to get at the buckle, but found I could not manage it, so asked her to get off. She said it was not necessary, and I said "Oh, yes, you must," and put up my hands and took her down on the off side, and set her on her feet. She laughed, and I kissed her through her veil. She made no complaint whatever, and took it all in good part. If I had in any way hurt her feelings I am sure I should have noticed it. I never made use of an indecent word to her, and had forgotten all about the affair until I was arrested. It took place in the public road, and there were plenty of houses about. She did not tell Stratford that she had been stuck up by me. She said, "I have been stuck up by him," and he (Stratford) said, " What, the nag ? " and she made no reply. If she had said she had been stuck up by me I certainly should have made some remark. Cross-examined : Why did you kiss her ? Her appearance was such that I didn't think she would object, and I don't believe she did. Did you put your hand under her clothes ? — I did. because it was necessary to get at the girth-strap. Do you think it was the proper thing to do, to treat her in that way ?— Under the circumstances I do. How do you account for Stratford saying that he saw you pull her back when she was trying to mount her horse?— l can only account for it in one way, that is, that he tells a lie. By the Bench: Do we understand you to say that you actually did put your hand under her clothes?— l had to lift them to get at the straps, and when I found a difficulty in buckling the girths I insisted upon her getting down. This closed the case, and after a few minutes consultation the Chairman stated that the Bench regarded the evidence as in some respects flatly contradictory, and in view especially of the very confused, unsatisfactory, and contradictory evidence given by the complainant, they would dismiss the case. Mr Percy Adams: Might I ask if the admissions of the defendant have had no weight with the Bench? The Chairman: We have given quite sufficient reasons.