SUPREME COURT SITTINGS. Tuesday, September 1, 1846. Before Mr. Justice Chapman.

New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 115, 5 September 1846, Page 3

SUPREME COURT SITTINGS. Tuesday, September 1, 1846. Before Mr. Justice Chapman.

Edward Steep was indicted for an assault on Frances Phelan, the wife of William Phelan. Mr. Wakefield for the prosecution, said he would be able to prove both counts, of assault to ravish, and the common assault. \ France* Phelan, I am the wife of William Phelan, private in 99th regt. ; I lire on Te Aro Flat, at Mrs. Cartel's house ; I know the prisoner ; I remember seeing the prisoner the end of July ; the 29th "lie was at my house, he came there about 7 o'clock ; he took tea with me with • two young women ; he staid all the evening ; he went out with the two young women, and came back about ten minutes after ; this was about 10 o'clock at night; he came to wish me good night ; he kissed me, and took me into a back room and tried to get me up stairs; i began to i icream to Mr. Cattell, and the prisoner put hit

hand over my mouth : when he found he could not get me up stairs he threw me dowft in the kitchen ; he was trying to take liberties with me ; he was trying to prevent me getting up, but I mastered him, and he got me up against the stairs when I screamed ; I was about half an hour trying to get away from prisoner from the time he first began to take liberties ; Mr. Cattell came in ; I was so agitated I could not tell him, he took me into his house, and when I recovered I told him, and he went into my house but could not see any one; the prisoners intention was to get the better of me ; I thought at the time he intended to violate my person ; and I think he would if assistance had not arrived ; I never gavej prisoner liberties; he has been frequently at my house, he never took liberties with me ; he knew my husband for several years previous : he visited me on account of such knowledge ; the prisoner had been drinking but he was not intoxicated. By the prisoner— -My husband left me soon after we were married ; my husband wrote you a letter; you assisted me with money, there is something due ; I have not included the washing, you gave me altogether 9*., 7s. at first; you gave a 4s. piece and half a crown : you gave me a bar of soap ; my husband could have done more for me than you did^ I did not go as far with the two women as you"; I bade them good night ; I went to the end of the house only : I am not partial to a glass of grog : I drank one glass of grog ; I was not intoxicated ; my husband drank some of the grog ; on the day you came from Porirua I sat on your knee, and you put your arms round my waist, but you forced me to do so ; my husband has not deceived me ; he told me he expected some property ; I have known you since my marriage ; I have seen you frequently before, but I did not know your name ; he told me you were the doctor's servant; I was married after a few days' courtship ; the candle had just burnt out when you came in ; * I did not walk into the backroom, you put your arm round my waist and forced me into the room ; Mr. Catlell when he came into the house could not find you ; I had some bruises on my arms from my struggling with you. Francis Cattell — I know the prosecutrix ; about £ past 9 at night I heard a noise in the prosecutor's house ; I heard somebody call out, Oh dear, dear, Mr. Cattell do come ; I went to the next house where I thought the noise was ; when I went in I called out, What's the matter here, and Mrs. Phelan came out of the back kitchen ; I took her into my house ; she appeared to be much alarmed and distressed, and when my wife came down I took a candle and went back to the house, but could not find anybody; I know the prisoner by sight ; Mrs. Phelan told me that the prisoner attempted to assault her, and endeavoured to get her up stairs ; I only went once to the house to search. By the prisoner — About an hour before I saw you there; when I came from the house I locked the door and took the key. William Phelan — 1 am a private in 99th regt. ; I live on Te Aro Flat ; I was at home on the evening in question between 8 and 9, and 10 and 11 ; I saw the prisoner there ; the first time I saw him he was sitting down : I went there for something to eat; whilst there between 8 and 9he was drinking ruin, it was mine ; there were three girls there besides my wife ; I was there three quarters of an hour; the prisoner had been frequently in my house ; I saw nothing on this occasion ; when I returned between 10 and 11 I found the door locked; I stood at the door till Ca ttell called me, he heard me shaking tho door; Mr. Cattell unlocked the door; I put the things I had into the house and went into Mr. Cattell's; the first person, I saw was my wife, she was disordered in her appearance; I put my wife to bed with the assistance of Mrs. Cattell ; I went for a constable and obtained a warrant against the prisoner, and he was taken in charge on the present offence. By the Prisoner— This is not a premeditated charge ; I went for a constable ; when I did not find a constable; I went to Col. Wakefidd and Mr. St. Hill's; I called at your master's, and I did not find you there; I found you at Rowland Davis'; I did not draw my bayonet on you. Patrick Carthy—l know. William Phelan ; he has deserted his regiment and colours , I would not believe him on his oath ; lam quite sober; I have had one glass of grog, my ration grog ; the only reason I have for not believing Phelan is, that he deserted fiom the regiment after having been sworn. The prisoner was found guilty of an assault, with intent; and was sentenced to 12 months imprisonment, with hard labour.

Henry Hodges, private 99th regiment, was indicted for a rape on Ann Cording. Mr. Brandon, for prosecutrix, stated that the evidence would consist of that of the prosecutrix; of one person who could state the state of the prosecutrix ; and another person who .could prove that the prisoner was the person committing the offence. Ann Cording— l am a widow ; I remember the night of 23d June; on that evening I went over to Mr. Blathwayt's ; on coming home, I mistook my path, and got into the swamp ; Mr. Blathwayt's is at the back of the gaol ; I was afraid of getting further into the swamp, and I sat down thinking that some of the police would be at the gaol, and come by and put me on the road to Wellington ; I sat some time before any one came to my assistance ; when I heard voices, I called Police four times j some on* answered, what do you want? some little time after a soldier came up, and asked me what I was doing there ; I told him I had mistaken my road, ana requested him to put me on my road to Wellington ; he said you are drunk, I said lam not drunk ; I told him 1 had been ill, and was very ill at the time? and had my arm in a. sling at the time; I had had blisters on my arm; I told him I had nothing to drink but a glass of cold brandy and water at Mr.Bl»th.wayt'i, » n . d if h « would put me on the right road to- Wellington, I would pay him any thing he might require for his trouble, if he came to Mr. Brandon'* on Thorndon Flat the following day ; he went wifil me a liitle distance, and thenjtopped short and said, have you no money abouT you? I told him I had not ; he then put some questions to me ift language I did not understand £ he pulled me down, and said he would pay himself; I called < out, and he said, if J did not hold my tongue be would take my life; I called upon him got to

misuse me, but to consider my age, and think of his mother and wife if he had one ; -he knelt me dawn with his knees, and one hand on my breast; he accomplished his purpose, and he then pulled me up; (witness proved the commission of the offence) ; he led me along above twenty yards ; I lost my shoe, and I asked him to allow me time to pick it up, but he would not; he pointed out to the beach, and said, do you see those lights? and I said I did ; he said, that is the beach, you must fight your way, or else I shall lose my guard ; I called out Buckeridge, my son-in-law; I got out against Mr. Hort's old store ; I could not get over the gully there ; I found the hysterics coming m, and I went to Mr. Hoggard's mill, knowing I should get assistance ; when I was in the swamp the bugle was blowing ; I consider it was about nine o'clock; it was very dark when I lost my way; 1 sat till I was numbed with cold before I heard voices ; I did not retain my consciousness the whole time prisoner effected his purpose ; I cannot say which way he went afterwards ; he appeared to go back the same way he canae ; I had been under the doctor's hands for some weeks before this ; I had taken a glass of cold brandy and water, it might have made me feel poorly, not being accustomed to take any ; I had my senses perfectly at the time; I appealed to him to , think of his mother, and not use me ill in my old age; on my going towards the mill, I called for assistance, and Mr. Hoggard came and took me to the mill ; I staid on the Tuesday night until the Thursday; I was too ill to get home; the party who assaulted me had a large coat on, a soldier's coat, I could not see any other part of his dress ; the prisoner is the man ; I had not seen him previously ; I heard prisoner speak at the police office, and I knew him there by his voice; I only swear to him from his voice. By the Prisoner — It was between eight and nine o'clock on the night of 23d June; I told you, in answer to your question what I was doing, that I had been to a gentleman's house with some fish ; I left that house about six; I arrived at the mill between nine and ten; I did not see your bayonet; I promised to give you money it you called the next day at Mr. Brandon's^ (the prisoner by his ci-oss-examination of the witness the more completely established the case against him) ; you threatened me, and that was sufficient to prevent me calling for assistance ; I had only one glass of brandy and water. Cross -examined — If I take brandy it brings on spasms; I was perfectly in my senses at the time. William Watt, in the militia — I remember the evening of the 23d June last ; I was on duty at the gaol ; I went on duty about nine in the morning; I walked sentry; J went on at eight in the evening at the magazine; the sentries were doubled at that lime ; I know the prisoner, he went sentry with me ; about nine o'clock I heard a woman cry, she called several times ; the prisoner went to her ; he was absent about half an hour, when he came back he said it was some old lady who was living with a gentleman ; he told me he had put her on the road; some other person passed along the road about a quarfer of an hour after towards the town ; he had something that clattered like milk cans. By the Prisoner— The woman called out six or seven times before you went to the woman's assistance ; I hear*d her say that she had been to some person's house with some fish, and that she had had a glass of brandy and water; I heard no noise whilst you were away ; you were away about half an hour ; it was a very calm night, I must have heard any one calling ; you were dirty about the legs when you came back; I heard you go through the flax. Cross-examined— Theflax is high; I could hear people talking on TeAro Flat towards the town; I think I should have heard any one calling ont; the mud was about halfway up his legs, it was not up to his knees ; when we are on sentry we walk backwards and forwards ; I was walking on the side next the lower road , the beat was about ten or fifteen yards. Thomas William Hoggard— l am a merchant ; I met the prosecutrix about a quarter past ten ; she appeared much excited; she said she had been violated by a soldier; her dress was muddy ; she bore indications of having been thrown down; she was too ill to go home that night; she remained the next day. Cross-examined — I knew the woman; she was very much excited ; she came to the mill about a quarter to ten ; she said that a soldier had illtreated her near the gaol. Jamex Ward, for the prisoner — I am a militiaman ; 1 went oh duty at the magazine at six in the evening, and went off at eight ; after I bad been on sentry half an hour, I heard some person vomiting. Cross-examined— Prisoner came off sentry at ten o'clock. Corporal Graham, 99th regt.— l recollect 23d June when the occurrence took place, I received the prisoner at 10 o'clock, I planted him at 8 o'clock ; the prisoner stated when he came ofl^ to account for his being muddy, that he had assisted a drunken woman, and had put hei on the way to Wellington, and because he would not assist her all the way she had blackguarded him; there were none of my guard out of the gaol during the day or night. Verdict Guilty, with a recommendation to mercy. The prisoner was sentenced to transportation for life. The Court adjourned till to-morrow morning.