RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2105, 30 September 1890, Page 3

RESIDENT MAGISTRATE'S COURT.

Temuka—Monbay, Sapr. 29, 1890

[Before C. A. Wray, Esq., KM., and Messrs J. T. M. Hayhurst and M. Quinn, J.P.’s.] ALLEGED liAECENT OP A HORSE COTER. Alex. Martin was charged, on rer mand, with stealing a horse cover, the property of John Lowe, of Ohapi. Mr Salmond appeared for defendant, who pleaded “ not guilty.’ Jehn Lowe, farmer, residing at Ohapi: Remembered Sunday, the 31st August last. Heard a buggy stop in front of bis house at about 10 p.m. Next morning found his horse on the road without the cover. The cover had been in use some time, and had never fallen off. Had put it on securely at about 7 o’clock. Had made inquiries,, but found no trace of it. On the 20th September was at Ward and Prattley’s camp. Saw accused driving along the road. He had a cover over his knees. He drove close past me, and I noticed the breast straps and keeper. They were worn more like a rope, The shin of the leather was worn off. Asked accused to let me have a look at it, but he whipped up bis horse and drove off. Understood him to say that it was not my cover. Did not follow him up. I met him the following Monday, Sept. 22ad. Asked him if he had the cover with him that morning. He said, no, it was not my cover, and ha would make me prove my I informed the police that evening. Had seen a cover at the police station. It was not like mine. Am positive the cover I saw on Saturday was mine. By Mr Salmond: Had no means of knowing whose buggy it was that passed the house. The appearance of the breast-straps and keeper was the only reason that drew my attention’to the cover. It was not unusual for the straps to be worn, but had never seen one worn in a similar way. Was sure he heard what I said. Could not hear distinctly his reply owing to the rattle of the buggy. On the Monday he showed no inclination to pass. He stopped of his own aceord. Had asked him to return the cover he took on the 31st.

By the Bench; Supposed it to be stolen when the trap stopped. By Mr Salmond : Accused him of stealing 4t whan he would not stop when I called him. Did not comtnunicate with th© police until the 22nd. Had tried to find the cover elsewhere. Had no trace of it. By the Bench: He was proceeding at only a little beyond a walk. The cover was like any other, except for the straps. It had no other mark. Charles Pfattley, laborer, residing at “ The Swamp ”: Was in company with Geo. Ward and Mr Lowe on Sept. 20th. Saw defendant in a buggy going t« Temuka. He was going slow, Mr Lowe coeyed and held up his hand, and asked him to show the cover, Accused droye on. Did not hear him say anything. By Mr Salmond: The pace was a sort of a trot. Lowe was close to the buggy when he passed. Accused did not whip up till the buggy passed. Did not hear any reply. Did not take any notice of the cover on accused’s knee.

¥he beneh intimated that unless evidence was forthcoming as to the identity of the cover it was hardly worth while going on with the case. Mr Salmond asked to have the case dismissed, and costs granted to the

accused. The bench thought the conduct of accused might lay him open to suspicion, in which case costs could not be allowed. Constable Egan was called to prove accused’s statement, which was that he found the cover on the Swamp road. Q-eorge Alfred White, manager of a flax mill at Orari: Accused was employed at the mill. Saw him with a cover about the beginning of Sept, It was the first time his horse had a cover. Joked him about him. It was a draught horse cover. He said it was a cover lying about his brother-in-law’s place, and he thought he might make use of it. It was a comparatively good cover, practically as good as new. The straps were not worn.

The case was dismissed without costs. The cever to be returned.

alleged assault. William Eussell was charged, on the information of Priscilla Phillips, that he did on the 19th September unlawfully assault a certain female. Mr Salmond appeared for informant, and Mr Cathro for the accused. Priscilla Phillips, I am unmarried, and reside with my farther, George j Phillips, at Temuka. I am nineteen years of age. On Friday, the 19th inst., at nine o’clock, I was going home from church practice by myself. When I got opposite the Road Board office I overtook Wmr Russell who was going in the same direction. He said “ Hallo! Good evening Miss Phillips ” I said “ Good evening, Mr Russell.” He asked if I was going home and I replied “ Yes! ” He asked if he could see me home. I said ‘‘ Ho, thank you. I do not want your company.” I went on, leaving him behind. He walked after me, and caught up with me about IQ chains farther on. We walked together then as far as tue i middle park gate about half a mile farther. Ke wanted to put his round ray waist. X him. severa ] times to £0 into tl3e whicn is alongside the road. I refused, A little further on he attempted again to put his arm

round my waist. He then caught me by both arms from behind, and pushed me from the middle of the road to the side. He threw me down on my left side. The ground was damp. (Witness here described alleged assault). My dress was dirtied, and my jacket was torn in the struggle. My hack has been strained by being pushed down. I have had medical attendance. lam still unable to walk easily. When I arrived home my lather and mother were in bed. X went to see them. M y mother asked what was the matter with my clothes. I then made a complaint of the assault committed by William Russell, I have never kept company with the accused. I have never walked with him. By Mr Cathro: This is my first appearance in Court. I know the nature of an oath. I never make a practice of allowing anyene to see me home. I refused the offer of Russell’s companv home because it was a beautiful night and I did not want him. The evening was beautiful and clear. The road to my father’s house is a lonely one. I never felt timid in going home after dark. I saw Hussell on the previous Sunday night. He was not in my company. I passed him by Mr McLeod’s buildings. He spoke to me, and asked if I was going home. I said “ Yes.” He asked if he should walk with me. I said “ No, thank you.” He walked with m« as far as the schoolhouse corner, about a quarter of a mile. He asked me if he should see me home on Friday night (the 19th). I said “ No,” because I did not think I was _ going down. I am sure no appointment was made for him to see me home. On Friday evening be said he would go home with me, as he did not lilse me to go home alone. We talked of dancing-classes and young fellows until near the middle park gates. There was a light in the kitchen of Mr AshwelTs house, opposite. The assault took place at the far corner of the crossing at the same side as Mr Ash well’s house about 60 yards from the house. Russell tried to put his arm round my waist. I tried to prevent, him, by pushing him away. He tried a second time when we were standing. I told him that I weuld not allow him to put his arm round my waist. He threw me on my left side. I did not bring my dress down. It is stained with grass and dirt. H® held my right hand with his left. [ Witness was here examined as to the alleged assault and her reasons for knowing the movements of accused, j During the walk Russell said nothing he ought not to have said, He gave no reason for wishing to go into the park. My dress was clean and jacket whole before the struggle, My back was strained about 18 months before when chopping wood. It gets worse every day. I sleep in my mother’s room. By the Bench: I took a candle into my mother’s room. She said I had beea a long time, and I replied that I bad been insulted by Bussell. Her exact words were, “ You have been a long time at practice. What has kept you?” I replied that I had come straight from practice, but Bussell had insulted me. I told her this after she noticed my clothes. I did not know what he meant when he asked me to go into the park. My back was qnite strong previous to the assault. The same place is strained again. Q-eorge Phillips, sworn, said I am the father of the informant and care- , taker of the Arowhenua Cemetery. I remember my daughter coming home on the evening of the 19th. She caik# into the bedroom with a candle in her hand. I saw she had been crying. Her mother asked what made her so late, and I asked her why she had been crying. She told us what had occurred. She said she had been insulted by Bussell. She spoke about Russell before her mother spoke of her clothes. I noticed her dress. There were the prints of the green grass and it was covered with dirt. The jacket was torn. She could scarcely get her breath when she came into the room.

By Mr Cathro: My daughter is not in the habit of coming home with young men. Her back is worse since the occurrence.

The Bench considered that a prima facie case had been made out. The accused reserved his defence, and was committed to take his trial at the next sitting of the Supreme Court holden at Timaru. , Bail to be allowed, in himself in £IOO and two sureties of £SO each.

JUVENILE OEEENDEBS. Pour children, the eldest being twelve years of age, were charged with breaking into th® store of Mr J, Brown and stealing lollies therefrom. The evidence of P. Dunford and J. Brown was heard, after which the Bench called the parents of the children and cautioned to keep them more under control. They were ordered to pay the costs, amounting to 7s 6d. The children were then dismissed. The court then ross.