S.M. Court.

Taranaki Daily News, Volume XLVI, Issue 213, 13 September 1904, Page 4

S.M. Court.

MONDAY., SEPTEMBER 12, 1904. (Before Mr T. HutcWison, S.M.) —Remanded.— John Reed, charged, wifclu being helplessly drunk in og|inoinit-streot on Saturday night, was remanded for one week for medical treatment, Sergeant Haxklrell stating he was prac J I tically suffering from delirium tremens.

—Alleged Indecent Assault.— Alex Spalding, aged 20, was charged by the police that on August 28th, at Tongaporutu, he did commit an unlawful and indecent assault on a young girl, and on a second count of committing rape at . the same place and date. Sergeant Haddrell appeared on behalf of the police, a nd Mr T. S. Weston (Weston and Weston) for accused. Sergeant Hatidrell asked that the case should 4jc heard with closed doors. The Magistrate, however, ruled that the case, was no worse than many other cases heard in open courts^ The facts of the case as outlined by the sergeant and borne out by

the evidence were that the alleged offence was committed after an entertainment a£ which the accused and the prosecutrix were present. The sergeant saftl that the girl, aged 17, when asked to go to a similar evening a few days later refused, and on being pressed for a reason by her

employer laid a complaint against the accused. Evidence for the prosecution was given by Constable Dick, stationed at Mokau, who deposed that in consequence of information received he visited the complainant on September 2nd, and arrested the accused the same day. When told what the charge was Spalding denied knowing

anything about it. Mr Weston did not cross-examine. Ruby Clara Finbajika, the complainant, gave evidence to the effect that she was in domestic service with a farmer residing! about five miles Irom Toiigaporutu, and on the even-

ing in question attended am entertainment at. that place, staying for a dance after the otfher members of ■ the family left. Hiding home alone ! she was .overtaken by Spalding _ and

his sister. The alleged offence took place near Spalding's gate, witness protesting and struggling all the time. Accused then wanted to commit a second offence, but on her refusing desisted. She did not make any complaint until the following Thursday.

Mr Weston objected to evidence toj ing aa to the statement then . made, contending that the girl had ample opportunity of complaining l , but as she bad not done so imniodij ately, her evidence on this point * would not apply. He quoted auth--1 ority in support of this. The Magistrate upheld counsel's contention, saying there had been ample opportunity afforded for complaint. Cross-examined by Mr Weston; Was not intimate with Spalding, who had once visited her mother's house. Although she told Spalding to leave lier alone when he wanted to Mss her she made no attempt to get away. After the offence was)

committed aho walked her horse a way, although Spalding was following her. She did not wish to aay whether anything of the kind had happened to her before. On reaching home she had some supper, prepared toy herself. She did not see Mr Spalding, sen., on the road on the following Tuesday. The reason she did not tell certain people she met on the road on that day was that she thought people would talk about her- Though she was aware that an advertisement had appeared in the newspapers in February, 1903, threatening prosecution of anyone slandering witness she Bid not know why her mother had inserted it. Dr. D. S. Wyllie gave evidence as to examining prosecutrix, in the presence of Dr. Leatham, when he 1 found traces of recent sexual intercourse, and was of opinion that the hymenal tissue hrajd bean destroyed within 10 or 14 days of examination.

Thos. Gibson, a farmer, residing at Tongaporutu, deposed that the complainant was in baa employ. He . gave evidence to the effect tlmt on the Thursday following' the dance in - question, the girl on being asked if 1 she woul4 attend t|he next one made a statement, in conse»j|uence of which Constable Dick was communicated j with. He had known the accused a number of years, an!d knew nothing , against tho man in any shape or ' form. This closed,thd case for tihe police. ' The S.M. considered that a prima ' facie case had been made out, nd 6 accused, who pleaided not guilty, amc ' reserved! his defence, was committed ' for trial. Bail waa allowed, under his own recognizance and two sureties, o] 3 £SO each.