Resident Magistrates Court- TE AROHA.

Te Aroha News, Volume VII, Issue 460, 5 April 1890, Page 2

Resident Magistrates CourtTE AROHA.

THURSDAY, 3rd APRIL, 1890. [Before Messrs 11. D. Johnson, and J. A. Dobson, J.’sP ] Edmund George, Junr., . Wniorongomai, miner, was charged an the information of David Kerr Young, with unlawfully and carnally knowing ami abusing, on the 21st March, n certain girl named Catherine Young, she being under the age of 14. Mr Meldrum appeared for the accused.

A number of persons were present to listen to the evidence, but the Bench decided to hear the case with closed doors, and ordered the Court to be cleared. The case was a lengthy one, and occupied the Court fn'ly six hours. Police Sergeant Emerson conducted the case for the prosecution. The principal witness was Catherine Young (the girl) whose examination, and cross-examin-tion by counsel, occupied the greater part of the sitting. Full details of the circumstances attending the perpetration of the ‘offence by the accused were elicited, but the greater part of the evidence was not fitted for publication. Catherine Young, senr., and David Kerr Young, parents of the girl, gave evidence ns to her age, &c. Mr Meldrum, in addressing the Court on behalf of the accused, quoted the proviso in Sub—section 2, Clause 2, of “ The Offences against the Person Act, 1889,” which piovides that it shall he a sufficient defence to any charge under the Act if it shall he made to appear to the Court or jury before whom the charge shall be brought that the person so charged had reasonable cause to believe that the girl w is of or above the age of fourteen yearp. He contended that the evidence showed that the accused had reasonable cause to believe the girl was of that age.

TJ:o Bench, however, held the opinion that thin plea could not be entertained as the accused had every opportunity of ascertaining the exact age of the girl (who wan hiß sinter in law) either from his wifo or fr<>m her parents with whom she resided.

The prisoner- was committed to take his trial at the sitting of the Supreme Court in Auckland on June 2nd. Bail was allowed. Accused, in his own recognizances for £IOO, and two sureties of £SO each.