RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1166, 17 April 1884, Page 2

RESIDENT MAGISTRATE'S COURT.

Geraldine —Tuesday, April 15, 1884. [Before Dr Fish and Captain Temple, J.P.'s.] CRIMINAL ASSAULT. James Green alias James Barry was charged on remand with having criminally assaulted Mary Stonehouse, a girl under twelve years of age. The prisoner pleaded not guilty. Mary St«nehouse deposed : I am a daughter of W illiam Stonehouse, residing at Geraldine. On the night of Monday week last I was outside our house when the man now in Court came up to me and asked the way w Mrs Maslin's house. I told him, and he asked me to show him the way. He then took me by the hand and we walked along towards the old brewery. He turned the corner of the trees and made me sit down by the side of him. Ho told me not to speak as there were a lot of people about. I told him that was not the way to Mrs Maslin's house, and he said ' Never mind, stay with me and I'll give you sixpence to buy some lollies with.' (The child then described the assault). William Stonehouse deposed : I am the father of the child. She is about seven years and four months old. Lilly Finn, daughter of Sarah Finn, deposed : I remember on the 7th April last 1 was playing by the railings near Stonehouse's house. I saw the accused, who asked Mary Stonehouse to show him the way to Mrs Maslin's, but he went inside the brewery fence and took Mary Stonehouse with him. I was frightened and called to her to come away. She said he was going to give her sixpence. I called to her again and she said the man would not let her go. I then ran and told her sister Nelly. By accused : You asked me if I knew the cottage Mrs Maslin lived in. You said you would give us sixpence if we showed you where Mrs Maslin's cottage was-

William Fleming deposed : On the night of last Monday week, I was attending a meeting of the Good Templars, in their hall. It is nearly opposite Stonehouse's. I was outside when I heard a noise and saw several people running along the road, and 1 ascertained they were looking for a little girl whom a man had taken away near the brewery. I joined them and went round the fence by the trees. I noticed someone go through a gap in the fence leading to the river. I followed and saw a man with a little girl close to him. About five minutes elapsed from the time I heard the noise till 1 saw the man. It was about 9 o'clock and the moon wa« shining. By the accused : I saw you with the girl but I did not see you do anything immodest to her.

Helen Stonehouse deposed : I remember that on last Monday week night a girl named Lilly Piun came to me and s«id that a man had taken my sister through the fence by the brewery. My mother was standing near the door and she told my father, who went to hnd my sister. I ran along the river bank and saw a man walking along-, holding my sister's hand. They were sitting down when 1 got up to them. I called out. They were sitting down near the river bed. [ was the first one who got up to my sister. I took hold of her hand and pulled her away. Prisoner had hold of her hand before this. A* first prisoner would not let me take her. I took hsr away.

George Ward, deposed : I am a farmer residing at Geralcliue, and remember the 7th inst. I was amongst the party who went searching for Mary Stonehouse when the alarm was raised. I think I was the second on the spot where the man and child were. The child was in a very nervous Btate and could not apeak,

and did "not take notice of any person, she was so frightened.

By the prisoner: You were sitting down on top of the cutting with the child when I came up to you. I did not hear you say anything indecent, neither did I see you do anything indecent. Constable Willoughby deposed; JL short time before 9 p.m. on the 7th' inst. I was informed that a strange maii had taken a child to the river bed. My informant told me he believed it was with a felonious intent. I went to Burke's section near the brewery and found prisoner amongst a crowd of people, and was informed he had offered the child money to show him the way to "Mrs Maslin's. Seeing he had taken the child in an opposite direction, I arrested him on the charge of taking the child away with a felonious intent. The prisoner was not drunk, and was perfectly capable of walking straight aud talking sensibly. On the road to the lock-up he informed me that he went down to the river bed by Burke's roadway, and the child had followed him. He asked me to let' him go, and say no more about it.

The evidence for the prosecution being concluded, The prisoner asked that Mr R. Johnson might be called to give evidence as to his character.

Reuben Johnson deposed: I have known the prisoner for some sixteen years. He has always been loafing about the hotels.

The prisoner in defence stated that on the evening in question he was in the township, and had asked a little girl the way to Mrs Maslin's. He had occasion to go turn aside off the road near the brewery, and the child followed him. In reply to the Bench the prisoner said that he had previously served a month in the gaol a*; Christchurch for getting on ' the spree,' and had also been fined 5s for getting drunk. The Bench sentenced the prisoner to six months' imprisonment, with hard labor.