RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XI, Issue 3585, 23 June 1880, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. , (Before H. Kenriek, Esq., R.M.) UNMENTIONABLE OFFENCE.

Patrick Lawlor was brought up on remand, charged with committing an unmentionable offence.

Sub-Inspector Kenny asked that this case might be kept back until the hearing of the rape case, as witnesses would be detained unless the case was gone on with at once. RAPE. William H. Curnow was charged for that he did on the eighth day of June 1880 at Auckland, in the provincial district of Auckland,unlawfully take a certain young unmarried girl named M, rgaret Elizabeth Hannah Ferguson out of the possession of Samuel Ferguson, her father, and agpinst the will of the said Samuel Ferguson, she the said Margaret Elizabeth H) anah Ferguson being then a<i unmar.ied girl wider the ago of six> tcsn years to wit of the age of nine years, and that the said Wiliam H. Curnow on the Bih day of June, 1880, at Auckland, and on the 9th at Thames, aforesaid (eloniously did unlawfully comnrn sa offence against the statute proprovided provided for the protection of temrles.

Prisoner, who was defended by M • Brassey, pleudtl not guilty, .

M? B • F.!y said he thought the information L-.^^d not have been made as inclusive of several indictable charges. His client was placed in a very unfavourable position. Mr Kenny made some remarks and quoted tie Act bearing on the subject, which sta'ed that sever? 1 charges might be laid against one person.

His Worship oveiruled the objection. Subluspec^or Kenny said: In the first case the chargo was that the prisoner had abducted a certain young unmarried female. It wi;l be adduced in evidence that the girl was .taken away from her father without his consent. " Samuel Ferguson was a gum-digger living on the Manukau, who was a most respectable religious man Accused came to the Fergusons' house in December last, and lived wit'i the Fer^asocs. About the comment ement of June the prisoner said he would go to the Thames and ; pursuc his own . -cup (i* i of mi ng. It was arranged tll uc Cuoow slould take the cL'ldto tue Thames in order to put her to seh »'. The girl w s taken hy the prisoner to the Blue Po3t Hotel i.i Auckland where he committed (ue ascau't. On the following d:iy he ariLved at the Thames and went to *he Wharf Hotel, where he told the old. story, " that the gi. 1 was his neice, and tL it she was afi'aict to sleep by hei'self. 1' He slept (here for some days, and used to co aabit vith the girl. On the Friday

the proprietor told him he must get some other quarters. He then went to the Bay View Hotel and* asked fcr a double bedded room. The proprietor told him he could not have one, but that the child could sleep with the servant. About nine o'clock he returned much the worse for liquor, and requested to sleep in the same room with the girl, but this was of course refused. He would call the girl, and would ask for the CourF to be cleared.

The Court was then cleared

Margaret Anna Elizabeth Fergusson, sworn, deposed : My father's name is Fergusson, but I do not know hi other name. When I was at home my mother, father, and sister were living in the house. My father digs gum for a limig. The prisoner came to our house after last Christmas. He dug gum like the rest of us. Our house had only one room and a kitchen. Accused used to sleep in my sister's n am. My father used sometimes to teach me reading and writing. I used to write on a slate. When accused came he used to write copies for me on a paper. He also taught me to read. I remember going to Onehunga with my | father and the accused, but could not remember th) day. We were coming, to the Thames. He was going to the diggings, »od was going to put me to school. My father went back to Onehunga, and I stopped with accused at an hotel near (he wharf. My father was willing that accused should put me to school if it would not be a great trouble to him. , I don't remember the name of the hotel, but should know it again if I were to see it. When there, accused asked for a room with two beds in it. He said he wanted the room for us two. He said I was afraid to sleep by myself. I always slept by myself and was not at roid to do so. We both slept in the same room. I fell esleep. During the night I was awakened by his coming into my. bed. [The evidence from this point is not fit for pub'ication.] After leaving Auckland we came down to the Thames. We went and slept in the hotel alongside the hrnk. [The evidence here was the same as the case at Auckland, and is of a most revolting character.] William went about drinking all day. The girl was subjected to a lengthy cross-examination by Mr Brassey, who did not succeed in shaking her testimony. His queries were often answered at ra idom by the girl, and the Court remarked that the girl did not fully understand the questions, and that it was the duly of the Court to see that, the questions were understood before the answers were taken down.

The case was stil! proceeding when we went to press.