STRATFORD NEWS

Taranaki Daily News, 7 April 1916, Page 3

STRATFORD NEWS

toko sensahon. CASE DISMISSED. (From Our Own Correspondent,) . t Stratford, Yesterday. David Maxwell, on remand was charged a' the Police Court to-dav, hefore Messrs. C. D. Sole, J.P., with committing a certain act at Toko on January 14, 1010. Mr. Cecil Wright appeared for the accused. Since (he previous hearing of the case, when the evidence of the little girl was taken, the Bench had visited the locality. A little girl, seven years of age, gave evidence of the accused committing the alleged offence, on the date mentioned. The mother of the child gave evidence of the little girl, coming home and complaining to her of the act alleged, Mr. Cecil \\ right said he felt sure that after hearing the evidence of the accused, the Bench would come to the conclusion that he did not commit the offenee. The accused, being sworn, said he was the owner of the billiard room at Toko, in front of which were two shops, the floors of which were always kept closed. At (he time of the alleged offenee he had no tenant and was running the billiard room himself. -At about the date in question there was an epidemic going about the district of pains in the back, etc. He purchased a bottle of liniment and was rubbing "his back with it, and, far as lie could see, no one could see him doing it from the Ohura Road. While rubbing his back he saw a child on Hie fence, looking through the window at him. He immediately called out to (lie child to run away, and was more careful as to how he undressed iiimsclt in the billiard room. ! He denied standing a box in front of the door as alleged. He only used the box to stand on to light the lamps. The back door could not be seen from the road. On the day of the alleged occurrence he went into the garden of the unoccupied cottage, and picked some turnips, and one of the little girls asked him for one. He denied the charge, and said he knew the Toko crowd too well to take any risks.

Cross-examined by Sergeant Dale: If he. was undressed, he was simply nibbing his back. He- considered his character unassailable. He could swear lie was never near the billiard room until lute in the afternoon on the alleged date. Children were often in the liaoit of climbing along the fence. Sergt. Dale asked leave to call rebuttal evidence to prove that the accused had been charged with a similar offence some years ago.

After hearing Mr. Wright in reply the Bench decided to allow the police to call evidence as to the character of accused.

Scrgt. Dalfi called hvo girls, one aged 14 years and the other 10 years of age, who both they know accused well, and lie v,a» a rude man and lial spo.;tn rudely to them. They had been warned by their parents to keep away trom accused's place. llr. Wright submitted it was impossible for accused to have committed the act and be seen from the position the witnesses stated they saw him. The Bench retired to consider tlicir verdict, and on resuming intimated that they had carefully considered the circumstances, and were not satisfied that the ofi'er.cc had not been committed in view of a public place. The information had been laid under tlie wrong section of the Act, and they were bound to give accused tlie benefit of this, and would dismiss the charge ivithout prejudice. Thev also thanked ;iie witnesses for the splendid way they had given their evidence under such trying circumstances. GENERAL NEWS. Allen Doone lias hooked the Town Hall for June 21) for his tou::ng dramatic company. The enthusiasm regarding Soldier;' Day is getting warmer every day, and the teachers at the lpcal school are busy teaching the scholars maypole dancing and (lag drills, to be performed on j Easter Monday—Soldiers' Day