ASSAULT NOT PROVED.

Taranaki Daily News, 18 August 1921, Page 6

ASSAULT NOT PROVED.

CASE IN SUPREME COURT.’ v. “EVIDENCE EXTREMELY WEAK.” Yesterday morning, in the Supremo Court, New Plymouth, hearing was resumed of the’charges against Rowland T. Eagar, the informations alleging attempted. carnal knowledge and indecent assault. The prosecution was conducted by Mr. C. H. Weston, and Mr. P. O’Dea del ended. Further evidence was given for the Crown, including that of Sergeant Henry (Hawera), who interviewed accused on the night of the occurrence. In opening the defence, Mr. O’Dea said accused could elect not to go into the box, relying on the weakness of the case, but he would go into the box and give particulars of his movements. There w.ould also be the evidence of four other people, and one would relate the conversation between the girl and her mother at the skating rink over the identification of accused. A Maori boy, Dick Walden, said he was at the skating rink when Mrs. Hawe and her little girl came in, and he heard the mother point out accused and tell the girl that he was the man who caught her. The girl said he was not the man, as he did not have white hair. Mrs. Jlawe told the girl she was mad. Witness saw accused leave the hall during night, but he was only out a few minutes. Polly Walden, sister of the previous witness, said she was at the skating rink, arriving there shortly after halfpast eight. She saw Eagar there; he was a stranger to her then. As she was going home with her sister she saw him come out on to the footpath and walk along the road a little’ distance. He stood there a few minutes, and then returned to the hall. ■Stanley Tibbitts, Normanby. who was also an attendant at the skating rink on the night in question, said when Mrs. Hawe came in she closed the door and would not let anyone out. Poole arrived, and Mrs. Hawe, pointing out Eagar, said, “That’s the man.” This was before the girl arrived. Then a general conversation took place between the party. Poole had lifted the hat off a boy named Pollock, and also from Eagar. -Poole, catching hold of the accused, said, “We will take this man. anyway,” and he marched Eagar up the hall with a revolver at h ; s ■back. Evidence was, also given by Jim Pollock, farm hand, Normanby, and James E. Sole, farmer, Normanby, their narratives concerning events in the hall. Accused, R. T. Eagar, said he left the hotel a little after eight o’clock for the skating rink, and would be there about an hour and a half. During that time he went out for a few minutes, went down the road a short distance, and

came back. He then detailed the happenings at the hall, and said that one of the Maori children pointed him out, and Poole took him along to the hotel. Mrs. Poole said if he told the truth he would get out of it. When Sergeant Henry arrived he examined witness’ clothing and subsequently charged him with the offence. Cross-examined: ‘When he was accused in the hall ho asked what the offence was, and Poole replied lie would know soon enough. Addressing the Court, Mr. O’Dea submitted that oven on the Crown case it was not possible for any reasonable jury to give a verdict of guilty. The Crown Prosecutor announced that he would not review the evidence, but would leave the case in the hands of the Court. Summing up, His Honor said the question first to consider was ns to whether the little girl was actually assault- 1 ed. and the next as to who did it. As to the first of the two questions, the jury had probably come to the conclusion that the assault was committed by somebody. They would probably conclude that these children would not, for no reason at al< make up such a story. The real question was as to whether there was sufficient evidence that the man in the box was die man who committed the assault. * “The matter is one for you,” said His Honor, “but T am bound to say that I regard the evidence as extremely weak. Two little children have come before you and state that they believe the accused was the man who assaulted them, and that is the only evidence against the man. Ho is not identified in any other way, except by one method to which I will refer.” Coni inning. His Honor said that it was a very dark night, and there was no light except a street lamp about 100 yards away. The girl did not know (lie accused previously, and therefore could not have identified him by hie I voice, and ii was questionable whether she couhl see his face sufficiently to identify him later. Concerning the tracing of accused, they had to consider whether he was identified by the girl, or whether it was not the mother who really identified him, and the suggestion then made to the girl that ho was the ln the evidence there was a good deal to lead to the conclusion that the mother was the chief actor in this instance. She was very angry and excited, and properly so: slip probably blamed the offence on to a jockey boy. and when she saw Eagar at the hall she no doubt jumped to the conclusion that he was the accused. The j girl was asked if she could identify 1 •Eagar, and it was fairlv obvious she had i some doubt about if. When it was sug- ! gested Eagar was her assailant s>e i did not think so. It was not till afte” j his hat was taken off that she seemed j certain. Therefore the jury would have I to treat with the greatest caution any 1 evidence of that sort. There was one.item which was of some significance. The girl was supposed t,> have scratched accused, and Eagar dd have a mark on his face when arrested. TTi<s attention was called to it, and he replied lip did not know it was there. He had since explained that it may have been caused by a bump which he had received the r-ame afternoon when he ■ was taking the bridle off a horse. After a twenty minutes’ retirement 1 the jury returned with a verd'et of not guilty on both counts, and Eagar was discharged.