RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 1212, 5 March 1880, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY.. (Before Messrs. James Udall and J. W. Humphrey, Esqs., J.P.'s.) DRUNK AND DISORDERLY. James Baird was charged with being drunk and disorderly last night in Itchenstreet, and was fined 58, ALLEGED ASSAW. George Thorpe was charged with indecently assaulting one Ellen George, wife of John George, on the 13th February, at WhitstoneInspector Thompson prosecuted, and Mr. Newton appeared for the accused. Ellen George.' the proaecutrix, sworn, said she had known the accused for about two years. Qn the night, of the 13th February she was at home. Her husband wa§.absent harvesting. Her two children aged nine; and five years respectively were in the house. It was a tent in which they lived. She went to bed, at about 10 o/cloqk on the night in question, and had only been in bed for ten minutes when she heard a knock at. the entrance to the tent. There was no door to the tent, but only a piece of wood across the entrance, which serves the purpose -of a door. When she heard the knock she asked who was there, and the accused asked if her husband was in; She replied that he was riot at homo. He said 4 < I want to come in;" and she replied Wait until I dress, and I let you in." . She got up and dressed herself, and admitted him. He appeared to be sober, and remained in the tent about half-an-hour, when, he got up and said he; was going home. He left the tent and witness was about to close the terit, when accused called her, and asked if she knew where his mare was. She replied that she iyo'uld bring a candle and see, when he replied mind the candle, you oari. ape better-without it," She went out without tfie candle, and went half-way up the section,, There ia a haystack on the section, and the mare was behind it, arid she pointed it out to accused. Accusedthen caught hold of witness by the,neck, jand tried to throw her down, , but he did not succeed, and she got away from, him, arid, ran to Mrs. 'Loose.- He followed, and caught hold of her ■ at; Mrs. - Loose's door/ arid tried' to pusher back, Mrs. Edqse^l^r}n§ : noise, came out and' top.k fitness in, the accused going back to the haystack. ■ • . ■ -Gross-examined .by Mr, Newton.: She had been married about 10 years, and disputes with her hu3 : but not of a very serious nature. Her hugband had never.turned her out of doors before "this occurred, but she had left the house previously of her own good will, as her husband had been cross Tjrith her. SHe did riot gee her husband till;the Sunday; following, when at his instigation she wrote.to the accused requesting him to come and apologise. She aid not send to her husband 'in the meantime, nor did she anyone to take a message for her. • Her husband worked -at Weston; two miles from the place. On the morning of the 13th February, accused came to; her tent'arid asked her if she would 'go : and keep-house for him while his wife went to Dunediri ; and she promised to go. The haystack was not a. chain away from Mrs. Loose's house. She did not scream when she was. caught hold of ; had she so,. Mrs. :LoosemusthsY§ freaifd b,er. She could: not espjafo whythe chargewas not laid until':i2 had elapsed froiri the the- offence was committed.; . i Hannah Loose deposed that Bhe heard no noise on the night in question, except a slight rustle at her - door v §he got up and .went' to the door,' when prosecutrix, "opened the.4qq? frAWthe and she seemed very.V.exQ.ited arid wak' trembling. S.he «ai,d she : ha,d , had, , /V.. fright, and that accused had .been pulling her about. ! Witbegs -wen,t toprosecutrix's tent, and .on. her way there ssw accused gii(\ tion..She.asked him Kb. " was doing tHaft he had lost hj.a stick. He"looked like a.% ilj gome beer,

Cross-examined by Mr. Newton : When the door was opened accused asked witness for a light or a lantern to look for his stick. She had known him for two years, and he had always borne a good character.

' This was all the evidence, and after a few remarks from Mr. Newton, The Bench thought there was nothing serious or grave in the matter, and the evidence failed in every respect to establish the charge laid against the accused, and they would, therefore, dismiss the cfcse. ; V V; 4 :.