RESIDENT MAGISTRATES’ COURT.

Poverty Bay Standard, Volume III, Issue 292, 24 July 1875, Page 2

RESIDENT MAGISTRATES’ COURT.

Gisbobse, Tuesday, July 20, 1875. Before W. K. Nesbitt, Esquire, R.M. ASSAULT WITH INTENT. Thomas Matthews was charged with the above offence on the person of liahera Boua, a native woman. Mr Wilson for the prosecution. The prosecutrix, s'.vorn, deposed as follow: I recollect the 12th of July. Accused came to my whare on the evening of that day. I heard a violent knocking at the door. I said “ Who is that?” He answered, “ Me.” I opened the door and he came in and put his blankets on some bags. I placed a seat for him at the fire, and offered him a cup of tea. I sat on the opposite side of the fire to him, where my children were sleeping. He then made indecent overtures to me, saying he desired me very much, and solicited intercourse with me. I refused, saying that I had a husband and children. He said, “ Who is your husband?” I said, “Larry Saddler.” He inquired “ Where is he?” I replied, “At his work, and he is coming home presently.” I said this that the pakeha should be afraid. Matthews then said, “Never mind your husband,” rising from his seat at the same time, and jumped towards me. He caught me by tub shoulders and we struggled together. I threw his blankets outside and told him to go away. We went out together, and I guided him towards the house of Henry Grigg, a pakeha. We met Henry, and I said “ ka mate au” (signifying being in trouble), the pakeha wants to sleep at my house. I told Grigg that as there was no male at my house, I was taking him to his house. I then went to the Maori whare and told them of what had happened. I then returned home. Henry came afterwards and told me to lock the door and go to sleep. Henry Grigg, sworn, deposed: I recollect seeing Bahera in company of the accused on the 12th July last. I met her going to the creek, and she wished me take Matthews to my house. She did not appear to be frightened. Cross-examined by prisoner: Bahera did not complain to me that you had assaulted her. She might have done so, but I do not understand Maori sufficiently to know. Remanded till Thursday, July 22. Mr Rogan said as he had been instructed to appear in defence, he would like the prosecutrix to be recalled. Rahera, on cross-examination, said : I cannot say the exact hour Matthews came to my house. I have never seen him before. Henry Grigg told me his name. (Witness was then questioned as to a discrepancy in her evidence given in a previous case relative to Matthews leaving and Eru Eru arriving at her house, and continued) —I have never been drinking with prisoner at Saunders’ hotel. lam not married to Saddler. Prisoner did not dine with me at my bouse a week previous to the assault. I did not see Saddler until the following Sunday—four days after the occurrence. 1 then told him of prisoner’s conduct The reason I did not prosecute sooner was because I was too much troubled with my children to do so. I made no complaint to Sergeant Mills when he came to my house to fetch Eru Eru, who had assaulted Matthews. I knew Mills to be a policeman. tie did not tell me what he wanted, and 1 did not ask him. I know Heber Pritchard and Henry Tarr. .1 have never told them that I laid this charge because of the accusation brought against my brother. Mr Wilson addressed the Bench in support of a committal, and quoted the law to show the intent with which the assault had been committed. Mr Rogan said there was no evidence of intent, with which the Magistrate agreed, and dismissed the