ALLEGED INDECENT ASSAULT.

NZ Truth, Issue 137, 1 February 1908, Page 4

ALLEGED INDECENT ASSAULT.

EDWARD WINTER AND THE CHILD. Ap Oriental Bay Episode. Reserves Defence and. is Committed for Trial. *

The indictable charge of indecent <. assault on a little girl at Oriental Bay was preferred against Edward Winter, m Wellington Magistrate's Court on Wednesday, when Chief Detective McGrath prosecuted and Solicitor Wilford appeared for the defence. 'A fair-haired lass of 9 years stated " that she lived with her parents at 19 Hay-street. On Friday, January 17th, she was oh the beach at Oriental Bay, down by the boat shed, almost opposite Hay-street. She was paddling m the water with another little girl, and her baby sister was on a rock near the boat-shed. She was looking after the infant. There were some boys on a seat near the boat-shed, and after a while Winter came down and sat on a stone near the baby. He asked the witness to put the child down alongside of him, and Winter started placing with the, youngster. The girl came up and sat on the boat skids, and Winter held her up. While he was holding her on the boat-slcids he committed an indecency with his hand. "He didn't do any harm," said the child.. Winter remarked at the time, "You won't fall, I'll hold you. up." Two boys, Roy and Tom Shields, were present at the time, and the girl jumped down and went away because she objected to what Winter had done ; but before leaving, Winter searched his pocket for a penny for the baby. He didn't have that common but convenient coin, so he produced a shilling and told the girl to get 3d worth of lollies at Bolton's store. She brought the lollies and change back to the man. He gave her the lollies and told her to do what she liked with them. Six boys came d6wn and she gave them a handful each. When the girl left she sent her brother dojwn for the baby, after telling him WHAT WINTER HAD DONE TO HER., Subsequently she informed' her mother of what had happened. To Mr Wilford : She was wearing a little holland dress, but she wasn'^ wearing shoes, or stockings. She got up on to a single rail, and her. seat was insecure as she 'kept shaking and nearly^ fell. Winter was sitting close by her and put his hand up, catching her by the dress. She got up herself, but couldn't balance, and he said he would hold her up. To Chief Detective MeG-rath -.There was no danger of her falling ; and there . was no need to hold her. People passing along the road couldn't see them behind the shed. A brother of the last witness, 8 years of age, who stood on a chaii to be visible m the witness-box, didn't see the conduct complained of, but testified that. his sister was too frightened to go near Winter again, and another girl went to get the baby. After, the occurrence Winter went paddling m the water,. The boy participated m the 'distribution of lollies, and heard Winter say to his sister, ' 'Mind you bring me the change back." Annie Bailey, of Hay-street, wife of Edwin Richard Bailey. and mother of tile children, deposed that her child had complained to -her of the indecency when spoken to on. the subject. To Mr Wilford : The boy told her of the occurrence, but the girl was very reluctant to reply, when questioned. Another eight-year-old boy, who is m the second standard, WITNESSED THE ALLEGED INDECENCY. At this stage Mr Wilford applied for' a remand to permit the Magistrate to view the scene of the occurrence, and the case was accordingly adjourned till Friday, A lad of 11 years, who didn't ' sec anything objectionable, arrived on the scene m time for the division of lollies by the girl. A boy of 15 didn't see Winter and the girl together, and his- evidence m this respect didn't come up to the expectations of the police. < Carter, a young lady employed •m Bolton's store, recollected selling the much-mentioned lollies to the girl. William Coffey, journalist, saw Win-* ter on the beach on the afternoon prior to the alleged offence, but the circumstance was not admissible m evidence. Mr Coffey also saw Winter on the following day riding his bike m the direction of Oriental Bay. Detective Rawle, who had charge of the case, brought Winter to the Police Station on the 20th, when witnesses picked him out from among four other men as the person who had committed the offence. Mr Wilford submitted that the case for the prosecution was a weak one. Even the evidence of a grown woman was not accepted m such pases without corroboration, and counsel submitted that there was not sufficient evidence of indecency to - establish a prima facie case. There was plenty of testimony that accused had been on the beach ; his presence there was not denied ; the question was, did he act m an indelicate manner with the girl ? It was DANGEROUS TO SOCIETY to send any accused person to the Supreme Court for trial unless there was a strong case against him, and counsel commented upon the ill-effect of bringing children into Court to give evidence m such a case: He submitted that there was no possibility of a jury convicting. Magistrate Riddell thought that m the circumstances he would be justified iv, sending the case to the jury. Winter, who is a married man, pleaded not guilty and reserved his defence. Bail m the sum of £50 was allowed.