December 7.

Tuapeka Times, Volume V, Issue 259, 16 January 1873, Page 6

December 7.

SENTENCE. Robert Littlecott, for embezzlement at Oamaru, was brought up for sentence. His Honor said : Prisoner, you have been found guilty on one count in the indictment, and reeommende I to mercy on the ground of the small salary you received in your last situation. You have pleaded guilty to another count, making four or five instances of embezzlement committed by you. The smallness of the salary you- received might *erve as an apology for getting into debt : but it was no excuse for the crimes you committed at Oamaru. The position you held was one of trust, and the breach of such was greater than crime against property. Th c Legislatu re intends that breaches of trust should be severely punished, and it was the practice of the Court to carry out that intention. This is not, however, the first time you have been convicted of crime, for I find that in 1807 you were convicted before Mr Justice Gresson, of Christchurch, of obtaining money by means of false pretences, and sentenced to three months' imprisonment with hard labor. Jn 1869 you were convicted of uttering at this Court, and sentenced to three years penal servitude. It would seem that these sentences have had no effect on you for good. You will now be senteuced to foar years' imprisonment with hard labor en one count, and for the others 1 will inflict a slight penalty, namely, that you be imprisoned until the rising of the Court, and if you again come before me you toII be more severely dealt with. INDECENT ASSAULT ON A DHILD. John Hijgins was indicted oa the charge of having, on the 24th of l<orember last, unlawfully and indecently assiulted, beat, and otherwise damaged a littfe girl of ten years, named Louisa Victoria Walden. Prisoner pleaded "Not guilty," aid -was defended by Mr Wilson. Mr Haggiit prosecuted. — Louisa Victoria Walden laid she was living at Mrs M 'Combe's, nurang her baby, and was ten years old. One Sunday she was playing with Teddy Baker and John Al 'Combe. Both were yeungar than she, but she could not say how long it was since that Sunday. While playing, she saw the prisoner at the back of the stable. He caught hold of her. [Here sbedescribed the crime committed and prisoner's procedure.] Sh" tried to get away from him, but he did not let her go until Robert Howie came round the staole. He then dropped her, and ran round the back of Lyster't garden. Sheto'.dher sister and Mrs M "Coombe that evening, and her mother and father next norning, what had happened. Cross-examined : She did not hcream when the man caught hold of her. Robert Howie, a lad of about 15 years, said he remembered something happening to last witness, but could not say what date it was, more than it was ou a Sunday evening. He was sent to look for her, and found her behind the stable. He saw the prisoner with her. Prisoner had hold of her round the waist, and was pressing her to him ; his clothes were disarranged at the same time. The girl was trying to get away from him. [Here witness corroborated the evidence of last witness as to the committal d the crime.] He cried out, "it is a five thing you are doing there, ' when prisoner let the child go. She came to him crying, anil prisoner ran away. During the evening, he went round to prisoner's place, and said, if he would give him L 5 he would say nothing about it. Prisoner told him to go to h— . He then told Mr M 'Combe, and on the following morning reported the matter to the police. — b lien M Lauchlan said louisi Walden was her half-sister. She was at Mia M 'Combe's on the Sunday night in question, and heard her sister complain of what prisoner had done to her.— John Walden, father of Louisa Walden, said when he first questioned the child regarding the crime she denied it, but when he mentioned the name of John Higgins she began to cry, and confessed it. — Constable M'Gann, stationed at Black's, said he arrested prisoner on the morning of the 25th of November. He told him the charge against him. He went to . the stable where the crime was alleged to have been committed. At the back there was a small lean-to, forming an angle. In this corner he saw the marks of two boot heels pressed into the sod. He had known the prisoner for over two years as a man of good character. He had also kuewn Howie, who was known as a bad boy. Thj defence set up was that of improbability, counsel for prisoner pointing out the irreproachable character the prisoner had hitherto borne, and his conduct immedtaly before and after the time the crime was alleged to have been committed, arguing that it was not at all likely that the prisoner would risk his happiness and liberty as set forth. He also directed attention to the untrustworthiness of a portion of the evidence, not only of the girl berself, but also of the boy Howie, and asked the jury to acquit the prisoner. He had received a testimonial of good character in favor of Higgins, signed by over 150 persons, who had known him for a considerable time. His Honor summed up, aud tho jury retired. After an absence of a few minutes, they returned with a verdict of " Not guilty." The prisoner was then discharged. This concluded the calendar, and the Cuurt adjourned.