POLICE COURT, NGARUAWAHIA.

Waikato Argus, Volume V, Issue 369, 19 November 1898, Page 3

POLICE COURT, NGARUAWAHIA.

Yesterday.—(Before Captain Jackson, S.M.) POLICE V. MATEEOA.

This was a charge of assault partly heard on 2nrl inst., and adjourned to enable the accused to obtain legal assistance.

Mr A. Swarbrick now appeared for the defendant.

For the prosecution, Fanny Sinclair, a girl of about 12 years old, daughter of a settler near Ngaruawahia, gave evidence as follows :—On 6th October, she was riding from her father's house to Taupiri, with some cum in a bag on the saddle in front of her. About lnlf a mile from her father's house she was accosted by a stranee Maori, who wanted her to let him examine the bag and used improper words to her. She called out and he threatened to beat her. He. held the horse and pulled her by the leg, inflicting slight rcratchcs. On her continuing to call out, he let her go and disappeared into the bush. Shortly beforo that the same Maori had been at the house enquiring about a horse. She identified the defendant as the man wko assaulted her.

Cross-examined by Mr Swarbrick : She said the man had a blue jumper, white trousers and a grey hat, comiug down close to his face. On the evening of 31st, Constable Cavanagh took her to an hotel and pointed out the defendant with a young boy, and she then said that was the man, The following morning the Constable showed her a number of Maoris in the police cell, and she at first pointed out the wrong one. Then the Constable asked her again and she pointed out the right one. When she pointed out the wrong one her mother, who was outside, called out " no, no," and she then pointed out another. Mrs Sinclair, the mother of the last witness, said that, on the morning in question, a Maori called at her house and asked after his hoise, which he had lost. She identified the accused as the same man who had called.

Cross-examined, she said the man had a black felt hat with a wide brim, not close to the face. The time the Maori was at her house was half-au-hour before the train passed, that is, between 12.30 and 1 p.m. She denied she ever said "Oh ! no," as stated by the last witness, and said she was not near at the time.

The father of the girl, a Maori named Seymour, and the constable also gave evidence.

Mr Swarbrick briefly addressed, pointing out the untrustworthiness of the identification. He said possibly an assault had been committed, but it certainly was not by the defendant. He called

John Miller, of Taupiri, who said that on the day in question the defendant came to his store at Taupiri at 9 a.m., and was still there when witness left some time after 1 p.m. It would take an hour to get to Sinclair's house from his store.

The Magistrate dismissed the informa tion.