CHILD VICTIM OF HUMAN JACKAL

NZ Truth, Issue 1185, 16 August 1928, Page 3

CHILD VICTIM OF HUMAN JACKAL

Elderly Music Teacher's Bestial Behavior Wit^ Pretty Ten-yec^^d Vio^Pu^ fV ' v PLEASE DON'T MAKE AMjNHOLY SHOW O&MEl"

(From "N.Z. Truth's" Special Dunedin Representative.)

Guilty of the vilest and most degrading of all offences on the criminal calendar , that of debauching a girl of tender years, John Henry Appleby, elderly business man, of Palmerstoh South; will expiate his crime by incarceration* for four years. Appleby Tvas found guilty by a Dunedin, jury last week after a trial which revealed the most revolting features of his perversion. '';■'■ V V H : ":-' : - ■:

A MAN of sixty-two, a prominent figure m the town, with a highly respected 'wife i and family;, Apple■by not only betrayed a trust and de•bauched his young victim, but also explained to her what he was doing, putting the most obscene expressions into her niouth-r— expressions which pained everyone m court as the little girl waa compelled to repeat them m the course of her examination, so that this human jackal might be to Justice.' Appleby was a man of many parts In the dead-and-alive township of Palmerston South and , among' his accomplishments music was one of the foremost. •■■<.-. t • At one time, "m his spare moments, he conducted the local band, but his musical activities of later years were devoted to tuition m stringed instruments. •> It was j while imparting the mysteries concealed beneath the four strings of the violin that he took advantage, of one of his pupils, a bright little girl some ten and a-half years of age. . Appleby's studio adjoins his shop and billiard-saloon m a building m the " main street of Palmerston South. While his fellow townsmen came and went, this sexual ■ fiend" unleashed his degrading, baseness on an innocent > child, vilely corrupting her mind and body. -. ..' ■■■•■-•..' The ; girl, the chief witness m the Nervous Witness case, 1 was soniewhat embarrassed by .■>. the stern severity of wigged official- ; ■dom. '•■.•■ "•■ :" 1 ... She was more faltering and hesitant . with, her evidence than was the case . when — some weeks ago, m the lower' • court at • . Palmerston — she first un- , folded the story of Appleby's debauchery.: The girl's father, a painter, residing t at Palmerston, told the court that his ■ daughter had been taking lessons from Appleby, but m consequence of certain information" he ; had received he went to Appleby arid 'demanded the girl's violin, stating that she was not coming back for further lessons. Appleby's reply was that he had done his best. < "It's a poor best after the way I have trusted you; ] have a 'good I mind to tell Constable Maggin," • retorted the girl's father. l ', iAppleby was alarmed at this threat and said: "For God's sake don't; fetch ;■ disgrace on my wife and family!" He was assured by witness that his wife and family were : all that were shielding him. ' ' '■. Lawyer Hanlpn: Why didn't you tell Appleby why you were, taking the girl / away?— He knew all-right. Did you at: any time during the conversation say anything 'about him laying a hand on her?— No. .-■■';■ ■< Under cross-examination, the girl's mother, who corroborated her husband's evidence, said she was 'sure the girl went to a 'lesson on May 5. < Counsel: Did she make any complaint to you when she arrived home? r-No.- • ;■■. ■ . . ■ ; ■:•_ ■-;. - ; '

Did she ever complain of her own free twill? — No,, but often she did not want to go to lessons and I thought that she was getting tired, of them. And everything the girl told you" was In answer to your, questioning ?T-Yes. > "._'■: The girl, a well set-up child, followed her mother into the box and told the unhappy story of her betrayal," while oh. the registrar's table before

A week later, while she was at the studio for a lesson, Appleby. locked the doors and outraged her. With some hesitancy her voice almost inaudible, she described, m detail the 'commission of the offence. ; . On some twenty other occasions, up till the fifth of May, Appleby conducted himself m a similar mariner. The girl identified the toys as pre^ sents her teacher had given her after he commenced his illicit relations.

her was an array . of cheap toys given her by her music' master 'after the . commencement of improper relations. ;

Didn't Tell Mum

Lawyer Hanlon: Didn't you; think that you should tell mummy? — Yes, I did, ■ but I didn't . like to.

, Early m Febru- ? ary, two or three days after the resumption of, school, she went with a little girl friend to Appleby's shop to do some shopping for her mother. Appleby asked' her if she would like to see some comic pa/pers. While she was behind the counter, out of sight of her friend, Appleby interfered with her clothing. , - ■ She suggested to her companion that they had better go homo, but she was too: frightened to tell anyone about it. '"■ .■'.,'. ..:-

Nobody else has ever done this to you? — No. Were you not frightened, and didn't you cry?— l was frightened, but 'did not cry. I told him to stop sometimes; But I thought that little girls usually cried when they got frightened? — No answer. ' v;- ■'•,.. The girl continued' that there we're always lights m the shop and m the studio, but the doors were always locked. . . '■ _' _ Sometimes, when people came into

the shop for things, Appleby had to keep them waiting. E>r. F. How-den, who subsequently examined the girl at the request of the parents, -said that her physical condition at the time was consistent with acts of impropriety. Detective Bent' Farqubarson, who investigated '<'■■ the case, stated that I Appleby had declined to make a statement when first interviewed until he had seen his solicitor. "If you want me, I wiH' v come across to the- polioe station, but don't make an unholy show of i me," he pleaded.' ■ , • The defence set up by the accusedwas an alibi to the charge relating to May 5, while his counsel pleaded that they could not be expected' to bring 1 any defence to the charges relating to the offences of February 21, as it was so far back that Appleby could not remember anyone who could be 'called to. speak on his behalf as to his movements oh; that particular day. ' -.■; -■'-. .Alfred Fastier, stationmaster ' at Port Chalmers, a son-in-law- of- the : accused, who was m Palmerston visiting the Applebys on May 5, Cyril Clements Appleby, accused's son; and Alice Jane Appleby, wife of the accused, each gave evidence to the effect that Appleiby was not v at, the studio between 6 and 6.45 p.m., when the offence was alleged to have taken place. . Fastier stated that, about a "dozen . . j— _________ Escaped Flogging people came to the shop fo.r goods, tout none of them were females. Under ./cross - examination, young Appleby.^stated that he went to the girl's house- on; the night of the detective's first visit to Palmerston. Crown Prosecutor: Did you ask her father if he had put the matter 'in the hands of the .police? — No, I asked him if he had made, a statement and if he | had signed it. ' Did your father send you? — No, I went there of , my own accord ; .to find out it there was any. truth .Mn .the ru- , mor. . ' Whore did you hear it?— Some■ one came into the shop and told me. ;-. , ■-■ , .•.--.' i Mr.. Justice Ostler warned the jury m hj.s address that any alibi set up for, the first time m the Supreme Court was always to be viewed with suspicion, . as accused persons had always the ' opportunity of bringing van alibi as a defence m 'the lower court. The jury found Appleby guilty of the offence set out m the charge, but recommended him ' to mercy on- account of his age. Throughout the trial Appleby fixed his gaze, on the. registrar straight m front of him. ; . ? When the verdict was announced, his face twitched nervously; whilst' the. following morning, when he appeared : for sentence; he bore signs, of ? mental stress. "You. are 'liable to imprisonment for "life, with floggings, but I like to give effect to\ the jury's recommendation m keeping 'with the interests and safety of our children," said 'the judge, m sentencing. Appleby to four years' im^ prisonment with hard, labor. :■■