SUPREME COURT.

Taranaki Daily News, 16 May 1919, Page 3

SUPREME COURT.

YESTERDAY'S SITTING. (before His Honor Mr. Justice Hosking.) ALLEGED INDECENT ASSAULT. JURY DISAGREES.

The hearing of the charges of committing indecent assault upon two little girls at Mokau on February 3 last, preferred against Alfred James Bysantson, was continued yesterday morning. Mr. H. R. Billing prosecuted, and. Mr. Ronald H, Quilliam appeared for the accused.

The defence was a complete denial that any acts of indecency had been committed as alleged. Accused gave evidence in his own behalf, in the course of which he said he had been about the Mokau district since 1903, with the exception of about one year. He was a married man, but his wife did not live with him, as she declined to live at Mokau. She lived in Auckland with one of her daughters. From 1003 to 1906 he had been secretary and w!Urflnger to the Mokau Tfirbor Board. He also acted '.emporariy in that capacity at the' beginning of the present year, until the now secretary took up his duties about April 13. He knew one of the little girls concerned, but did not know the other, though he had seen her about, He remembered the circumstances of the occasion \v. question, and said the girls had come into the shed in the wharf and were playing about the bales of wool for about half-an-hour. He picked up one of them several times to help her over the bales, as she was smaller than the other girl. Later he had seen them pkying on the sand, and one of them came into the shed again, and he picked her up and pretended he would put her out through a little wicket door He did not do so. She was not afraid, and he put her down again on her feet. The other girl came in almost immediately, and he went to pick her up, but she said "Don't," and he left her alone. An elderly lady, with whom the children came down to the wharf, was sitting on the wharf fishing. Witness went out to ask how she was getting on. Neither of the girls was alone in the Bhcd with him at any time during the morning. Since the occasion one of the little girls had been down to the wharf asain in company with another little child. He at no time indecently assaulted either of them, or exposed himself. The first he knew of the charges was when he was arrested on March 13.

Under cross-examination he admitted people froouentlv fished from the wharf —both children and adults, and children were often playintr about the plane. He could not Jive why the girls "ii'ouM make the charges against him. He had never lx>en guilty of any such thin? on any occasion.

The iurv retired at 12.M p.m. At 2.20 thev returned to ask if there was any ovMnnc" as to who first informed the poVoe of the offences alleged. His Honor said there was no evidence, and he did not care to admit it at that stage unless both sides raised no objection.

On counsel conferring it was agreed to leave the matter as it stood, and the jurv retired again. The inry returned at 4 33 and reported n disagreement, and a new trial was ■tntilied for and set down for hearing this morning.