NAPIER NASHHESS.

NZ Truth, Issue 92, 23 March 1907, Page 6

NAPIER NASHHESS.

ALLEGED INDECENT ASSAULT

Tommy Todd on Trial.

The Jury Declare Him " Not

Guilty."

Before Mr. Justice Chapman, at the Napier Supreme Court, -on Tuesday, March 19, Thomas Todd, a youth, was charged oh two ' separate counts of carnally knowing and assaulting a girl named Florence Anderson, at Hastings on or about July 15, 1906. His Honor had the court cleared of all persons except those 'entitled by law to remain.

Mr Westall defended, and Mr Corn-, ford acted as Crown Prosecutor.

Dr.. Wilson (of the Napier Hospital) testified that the girl Florence Anderson was sent into the Hospital suffering from a foul disease. Florence Anderson (a mere slip of a p*i) residing at Hastings, said she Knew Todd. On July 15 last she a girl) , residing at Hastings, said ings. Had ' known him some time. Accused asked witness to go for a walk, ami i.they\went. into South-ampton-i Road. lIN was_ just: .getting dark. They went along to where there were some trollies^ where, they sat down on\a trolly..^Aceirsiyd put an improper Qu^sjtiph tocher,. 'HijjMuU not touched her % any 'wa^v before. Witness refused Sis request, and he then caught her round her waist and assaulted her. She screamed and resisted, but accused was the strop ;er and she could not help fyhafc followed 1 . She only screamed once. He let her go after three 6r four minutes and she then got up and went through the town and accused followed her to the, coach factory corner where she met a girl friend Just before this time accused had gone away. Went to two or. three places and later came to Napier, where she .was working. About a week later \

WITNESS FELT ILL, but did not see a doctor until August, where she" saw Dr. Bernan. Remained' under his treatemnt f6r nearly a month before going to the Hospital. She next saw the accused after her mother had been to see Mm. Met him on the main street, near the railway. He asked witness why she had not told him what she was suffering from. Accused told her that her mother had been to him and told him of witness' trouble. Told accused that witness' mother found out by 'her clothing that she was suffering from a loathsome .disease. He said had ! he known about her trouble he wbuld have got her well with a certain kind of pills, or something. He asked to be informed what the doctor said on the occasion of her next visit. Accused said he had had the disease, but had not got it at the . time of speaking. This conversation took place about three weeks before the - ; witness . went to the hospital.

To Mr Westall : Could not see very far at the time they were sitting on the trollies; it was about. C.15 p.m. Did not think accused meant anything when he laid down: his coat on the grass, thought he was only "fooling." Had t misbehaved herself before. Her ; irioihei ; ' only spoke to her once about being out with boys, this was about eighteen months ago, when she was about 14^ years "old. Ha<J been to dances with boys since then. Had only misbehaved herself once with the accused. Did not think it any use TO SCREAM OUT more , than once, as no one heard her tha v t time. Was frightened to tell her mother, but. told her all about it when her mother found out things from her clothing.. . . Catherine Anderson, mother of Florence, said she could hot rer member when her daughter was born but she would be 16 at. the end of this month. She went and saw the accused, and asked him why he had been interfering with faer daughter. Accused asked, "When did she get bad!?" Could not tell how Todid knew her daughter was bad. Told him she would, take it to Court for interfering with a girl under age. He offered to pay the (doctor's bill up if she would not take it to Court. She told him he would get seven or eight years, and he said, "By God, don't do that." Witness replied that she V did not want the disgrace of the Court, as she had been well respected m Hastings for'twen-ty-five years, and it .would not be for his sake if ahe did not take the case to Court. Next day sa^y Todd, who said he would not pay the doctor's bill, and witness said she had decided to take the case to Court. Todd's employer came up arid asked about the affair, and : >

OFFERED TO PAY 3Os, V. the amount of the doctor's bill. Todd .who was present, asked if she would take it to Court if she got the money. Todd's employer gave her the 30s on Todd's behalf.

To Mr. Westall : Had only had to caution her girl once, 1 as she hail only seen her gkl with a'j boy once^ < Joseph W. Bates-f chemist, Hastings, gave evidence of treating Todd for a foul disease.

This closed .the case for the prosecution, and Mr. Weston called, Dr. Moore, gaol. surgeon, who deposed to having examined accused on account of what he heard at the gaol, on November 15 and found no sign of disease on him. Todd admitted having previously been treated by a chemist, who told him he had "a disease. Accused appeared to be scared over it, and had an idea that he would never get over it. As a result of his examination he concluded that it was unlikely thau Todd had ever suffered from that disease. If he did it had been very slight. . However, it was highly improbable that Todd could have infected the girl- m July. , This was the only witness for the defence. The jury brought m a verdict ol ncft guilty. ■