ASSAULT ON A GIRL.

Taranaki Daily News, 9 December 1919, Page 6

ASSAULT ON A GIRL.

AN EARLY MORNING ADVENTURE. Neville James Crozier was charged with committing burglary by breaking and entering the dwelling of John H. Lyon, Waitui, on Navember 1, 1919, by night, with intent to commit a crime; also with unlawfully being on the premises of John Lyon, by night, with intent to commit a crime therein; and with committing a common assault upon Ethel. May Lyon. Mr. H. R. Billing prosecuted. Mr. C. E. Croker, who geared for aa-

cused, pleaded guilty to the charge of common assault, and not guilty to the other charges. The following jury was empanelled:— Messrs. A. B. Bullot, F. J. King, J. W. Bruce, A. McHardy, L. D. Callaghan, L. Grcdig, P. H. Mace, S. H. Dabbj H. Luney, S. J. Smith, L. E. Hoffmann, and G. T. Rampton. Mr. McHardy was chosen foreman. Ethel May Lyon, who said she lived at Waitui with her parents, deposed that she was nearly 16 years of age. On November Ist last someone got into her bedroom in the early hours of the morning. The window was closed at the bottom and open at the top. It was about three o'clock in the morning when she was' awakened by a slight touch on her shoulder. She believed she went to sleep again, and was awakened by someone breathing heavily in the room. She thought it was someone of the family, but on getting no reply to her question as to who was there, began to get out of bed. Someone sprang to the bedside, and put a hand over her mouth, '-lie pushed it away and called for help, the person escaped through the window. Her father came into the room, but whoever was in before had got away before her father came in. She saw a man running down the path towards the gate. The window was then open wide at .the bottom. She did not know who it was that had been in her room. She knew accused by sight. He worked for a neighbor, and had been to her father's place once. She had spoken to him on that occasion.

To Mr. Croker: Her window would be about 3ft or 4ft from the ground. She shut them at the bottom on the night in question. Accused would not know that the room he entered was her bedroom. On the occasion that accused came to her father's house, he came to get meat. He passed her window on that day, but did not loiter about the place. John Holt Lyon, farmer, Waitui, deposed that his dwelling-house was about a chain from the road, and the path ran close alongside the house. On the night of November Ist he was somewhat wakeful. He was startled by a muffled scream, which he thought came from Ma daughter's room. He thought she had' had a nightmare ; but she told him a man had been in her room, and had put his hand over her mouth. He got a light, and he could see finger marks on her face. There was also a strong smell of tobacco in the room, and all his family were non-smokers. He, with his two sons, made a search of the grounds, but found no trace of.anybody. Later in the morning he went to Constable Longbottom and complained that someone had been in his house.

Constable Longbottom deposed to the complaint made by Mr. Lyon. In consequence of this lie interviewed Crozier in his whare at the farm adjoining Mr. Lyon's residence. He found him in bed, and he made a statement to the effect that he was aged 17, and was a farm hand. He admitted he entered the house of Mr. Lyon on the night of November Ist by one of the bedroom windows. He saw a girl in bed, and he put his hand over her mouth, but she pushed it away and screamed out. He then jumped out of the window and went straight home. He could give no reason for going to the house. He knew the room he was entering was a bedroom, because he had seen it to be one when he had been there on a previous occasion. The statement was read by accused and signed by him. Mr. Crolcer called no evidence, but in nn address to the jury, stressed the point that they must be satisfied that the accused had intended to commit a crime when he entered the house before they could bring him in guilty.' The jury retired at 4.56 p.m., and returned at 5.15 p.m. with a verdict of not guilty on both counts. Prisoner was remanded till this morning for sentence-on the charge to which he had pleaded guilty.