RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XI, Issue 3586, 24 June 1880, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before 11. Kenrick, Esq., E.M.) EAPE.

William H. Curnow was charged for that he aid on the eighth day of June 1880 at Auckland, in the provincial district of Auckland, unlawfully take a certain young unmarried girl named Margaret Elizabeth Hannah Ferguson out of the possession of Samuel Ferguson, her fat'aer, and against the will of the said Samuel Ferguson, she the said Margaret Elizabeth Hannah Ferguson being then an unmarried girl uiubr the age of sixteen years to wit of the age of nine years, and that the said William H. Curnow on the Blh day of June, 1880, at Auckland, and on the 9th at Thames, aforesaid feloniously did unlawfully commit an offence against the statute proprovided for the protection of females. Prisoner, who was defended by Mr Brassey, pleaded not guilty. The following evidence was .taken after our going to press last evening :— Samuel Ferguson, the father of the girl, deposed that he lived at Maku Point, and his wife was a Maori. His daughter would be 10 years old next month. He knew accused who had worked with him for several months, and a 1 ways considered him a sober religious man. When leaving for the Thames he offered to take the child to place her at school. His daughter was not accustomed to tell lies, nor was she a timid child. She had resided two years at Mr Bishop's house at Epsom. His daughter had first suggested going with accused to the Thames to school, and the accused promised to do the best he could for her.

Dr Payne, sworn, deposed—l am a duly registered medical practitioner. I remember Detective Farrell bringing a little half-caste girl to my bouse. The little ,girl now in Court was the one. This was on Saturday, the 12th inst. She was brought io me to be examined medically. I did examine her and found several parts disorganised. I believe some instrument was forcibly introduced. I should say that the injuries had bren inflicted withiD a few days. I have not seen a case of so young a child inflicting such ihjuries on itself deliberately. I should say the injuries were ioflicted ihrea days before, 'iteneiraiion must bv.xe taken place. (Much of the medical c--k dence was unfit for publication.)

John Pearce deposed that the accused and the girl Ferguson came to the Wharf Hotel on last Wr dnesday week. The man asked for ttvo beds ia one room, which were subsequently occupied. The parties left the house on the llth the man saying he had taken a t iltage. The general demeanour of the accused was good while he was in my house. Am not aware that the girl com tlrined in any way of having been assaulted. _ Did not hear any noise during the nights the parties slept in the hotel, nor was any case of impropriety brought to my notice during the residence of the persons ia the house.

Edward John Angove deposed to the accused comi"g to his hotel and asking for b ia, requiring two in one room. Witness replii d that the girl could sleep with the servant. The girl did not show aay signs of fear of the accused. Constable Haslett deposed to seeing the prisoner in Brown street on the 11th. .le said he had lost the girl, and asked witness to help .him t > find her. Witness promised to help him, and half an hour afterwards he saw them -together. The girl looked dull and complained to witness that prisoner had abused her. He asked for beds, and witness directed him to A llaway's but he went to Eichards'. Mrs Schuliz deposed that she was chambermaid at the Blue Post Diningrooms, Auckland. She s?w the child <»i the Bth of June, when she slept at the hotel, bhe * thought they were father aud daughter, but did not know the relationship.

To Mr Brassey—She did not complain to witness that prisoner had ill-treated her. She seemed, shy. Witness was sure the girl was the same as the one she had s ,n in Court.

Mrs Richards said that on the 11th June the prisoner came to her house and asked for a bed, but the girl said she did not want to sleep with him or in the same room with him. Witness " smelt a rat" and sent the girl 'o her son's house. When she r sked the prisoner where be got the child from, he did not answerher. [The case was still proceeding when we went to press]