RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2554, 14 March 1877, Page 2

RESIDENT MAGISTRATE'S COURT

, THIS DAY.

(Before W. Fraser, Esq., R.M.)

AI-LEGED BAPE.

James Gordon, on warrant, was charged that on the 11th day of, March at Thames in the County o"f Thames he did unlawfully carnally know one Minnie Jackson, a girl above the age of 10 years and under the age of 12 years. Mr Macdonald appeared for the accused.

Mr Sub-Inspector Bullen requested His Worship to clear the Court, lie considered it essentially necessary. His Worship said, addressing the persons in Court: Gentlemen, I'll have to disappoint you. You'll have to retire. The Court was. then cleared, and the case proceeded with, with closed doors. Mr Bullen said that th© information had been laid by the lather of the child. He did not think the evidence would sustain the grave offence of rape, but he thought there would be sufficient to substantiate a charge for indecent assault. Minnie Jackson, -a- litfle girl, sworn, deposed—l reside with my father and mother in Block 27, and am 11 years of age. I know the accused Gordon. His Christian name is Jim. He lives close to whore I I've, and is married, and

Las children. Mrs Gordon has not good health. I have been in the habit of going to accused's house for a fortnight past to mind the children and look after Mrs Gordon. I recollect going there on Sunday last—at about three o'clock I think. I saw. the accused and his wife. There are four children and the oldest is four years old. After I had been there a few minutes, Mrs Gordon went out, saying '^she was going to Mrs Montgomery's; She took the youngest child with her, leaving the accused with the three children. After Mrs Gordon went out accused was lying on the sofa. Iwa3 sitting at the foot of it; and he put his legs around me and drew me to him, and began kissing me. I thought he was playing, and I called the three little children to help me up. The children went from the: sofa and accused got up and bolted the door, which had previously been shut. I was sitting on the sofa, and when he bolted the door he carried me to the bed in the next room, and put me. on the bed. There is no door to the bedroom, but there is a curtain, which he closed. The oldest child looked into the room, drawing back the curtain to do so. Accused hit him on the face and told him to go out. The child went out. All this time I was on the bed, and accused was on the floor near the bed. (Witness further described the assault committed by accused.) He told me not to scream, so that Mrs Gordon would not hear. I did not scream because I was frightened. ... I then got off the bed and drew the curtain and. went into the front room. I got my hat and put it on. Accused came out and went on the sofa. I told him I was going home, and went to the door, but could noi open it because I did not know how it was locked. Accused^ opened the door, and I saw Mr Montgomery's child standing outside. Accused said, " Don't go home yet. Stay a little while with me." Montgomery's child asked me to get a kettle of water to.get Gordon's children some tea. I went for the kettle, and as I went out accused told me not to tell anyone what had happened. I said .nothing in reply; I then went to Montgomery's, for the hot water to'make the tea for the children. I got it, and came back to accused's place and made the tea. Accused was still there and the children, .but his wife had not returned. Accused made no reference to what had taken place. Mrs Gordon came in, and I went home. iVj y mother and father and children were there. This was at nearly six o'clock." I did not complain of what had- taken place to my mother on Sunday, because my brothers were there, nor did I do so on Monday morning for the same reason. I saw Mrs Gordon on-Monday afternoon and told her whnt had occurred on Sunday night. I,,.after-wards told my mother. It was in consequence of something Mrs Gordon asked me that! told her. ,'. . .-. On Sunday I felt sore on both_sides, and on Monday and Tuesday also.. On- Tues-. day-1 felt the greatest pain round my hips, and I feel it yet though not so bad as it was yesterday. When he' com-, mitted the assault I was frightened to scream out, be looked so wicked.

By Mr Macdonald—Accused looks wicked now. You don't look wicked nor does Mr Bullen. I told my mother and Mrs Gordon that that was the reason I did.not scream. We talked the matter lover. Mrs Montgomery's house is next door to the Gordon's, but is about' 25 yards away, he was playing with me when he'drew me on to the sofa.. By Mr Bullen—When_Mrs Gordon and

my" mother-spoke to me about-ft they did hot tell.me what to say. '■••".- By the Bench—l did not,think of calling my mother. Elizabeth Jackson^ sworn, deposed—l am the' wife of Benjamin Jackson and the mother of the last witness. , She will be twelve years old on <the. second of June next. I know the accused and his wife. They live a little way from, our place:and have four children, the, oldest being twins. Mrs Gordon has been ill this'last three weeks, andT have let my daughter look after the children when she was ill in bed. In the accused's house there is a couch, on which the children-sleep: at night.. The bedroom is off this room by a partition. There is a doorway screened by a curtain. The outside door is fastened by a lock with a catch in the lock underneath. I recollect Sunday' last. I sent my daughter to Gordon's to see Mrs Gordon abouV Si o'clock, and she returned about six.- When she returned. my husband myself and the boys were there. - After asking if we had had tea she went and lay down on a sofa where my husband and I were .reading. She was very quiet, but I took no notice as she had been suffering from a sore place. On Monday afternoon. Mrs Gordon made a communication to me, and X questioned* the girl and made an examination. She was .much-swollen and ; said she .felt sore. This was between two and three o'clock. I informed my husband about it, of what the child has told me. I. have always been on good terms with the accused, and it was in sympathy with his wife that I let the child attend on her. .' pr Ferston made an examination. . r ■ -

By Mr Macdonald—The girl was born in County Ktldare, Ireland,- but I forget the year of her birth. % I have the register bPherMbif th at home,' and of her-chrisj. tening. It is in a Bible. This is the second eldest child I have. There are three younger than her. I think that the pain of her'hips was caused by external pressure. lam quite sure of the child's age. William A. Perston, sworn,, deposed— I am a duly qualified medical practitioner practising at Thames. I recollect ;the girl, Minnie Jackson, being brought to my consulting room at ten o'clock yesterday morning. She was brought in order to be examined in consequence of certain injuries. I examined her, and found that there was nothing to indicate thai force had been used. There was only a slight irritation, but no swelling. I was in. Court when the child gave her evidence. ■ I examined her 42 hours after the alleged rape took place, and the state I found her in might be consistent with her evidence as fo what had occurred. ' ■ By Mr Macdonald—Had any attempt been made as described by the girl I would have expected much greater injury. This concluded the evidence. The depositions,were then read over' to the accused. .' ' . After beiug cautioned in the usual manner, Mr Macdonald said that the accused reserved his defence. ■ Accused was then committed to-take his trial at the next sitting of .the Supreme Court at Auckland. • MtiMacdonald said that as the evidence had only pointed at the offence of indecent' assault he would apply for bail. Bail was allowed in two sureties of £100 each, and himself in one of £200. Court adjouiThed.