R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3336, 16 October 1889, Page 2

R.M. COURT.

CARTERTON-TUESDAY.

(Before Col Roberts, R,M, and Mr

Wm, Booth, J,P.) CIIAROE OP AIIiJMI'IED SAFE

Joseph Ward was charged that he did on the 11th October, attempt to commit a rape -on a girl aged 15 years, by the name of Edith Oliver. Constable Darby prosecuted, Mr Middleton appeared for the accused. James Farrell deposed that, he was a livery stable keeper at Carterton. He remembered last Friday the 11th iust. Saw the accused on that morning and let him a horse for the purpose of riding to Mr Bunny's place the other side of Gladstone It was between 8 and bj) a.in„ the accused appeared to be all right, and witnpss understood he was a piano tuner. He had hired a horse from him ou a previous occasion, Did not know whether tho accused knew where Mr Bunny's place was. They had a drink together before he started on his journey. To Mr Middleton: There were no particular niarke, on the horse by which it'would'be recognised, Michael Hodgins, proprietor of the' Taratahi Hotel, deposed that he knew the accused and that he was a piano tuner. Saw the accused on Friday morning last at'ln's (witness') house between 9 and 10 o'olqck, Ho was riding a grey liprse belonging to the last witness, The accused sajd lie/was going to Mr Bunny's at Gladstone, to tune'a piano. The accused had a "brandy 'W'soda- and took a flask of brandy with him. Saw him leave the Hotel towards Masterton which was the road leading to Gladstone, Many people chose White's line which was a shorter route than Francis' line, There was more traffic on Francis' line than White's line. The accused appeared as if he had been drinking pvjjnn'ght, As far as he could judge jt wpuld "bg "?!ipuji hyp miles'frqtn. witness' Uquso to Trmcved's race-

course. There whs only one house occupied on Francis' line,

To Mr Middlelon: Did not take particular notice of the dress of the accused. Remember he had a black coat on. Did not see what lino of road the accused took, whether Francis' line or White's line,

To tho Court; I don't know whether Mr Foss is always at homo at his houße or not. I believe he goes to and fro from his farm to the Taratahi Dairy Factory, It is less than a mile from Firuell's stables to ray house. Edith Oliver deposed, I reside with my parents on the Gladstone road. I shall be fifteen years old next December, I remember last Friday, the 11th inst, I was going to Mr Feist's store at Olarevillo. I started from home between 20 miuutes to 9 and 9 o'clock a.m, I met the accused on Francis' line, I don't know his name, he was riding an iron-grey horse. I met him him just this side (that is the Clareville side, of Mr Tancred's gate. It would be from \\ miles to I of a mile from Mr Feist's store. He asked me how I was. I said " I'm quite well thank you, sir." Then he asked me how far it was to Mr Bunny's, I told him I thought it was about six miles. He then rode on in the direction of Mr Bunny's, and I walked on towards Mr Feist's store, Whon I had gone about a quarter of a mile the accused turned back, and when ho overtook me ho got off his horse and walked by my side, and led his horse. Ho asked me whore my sweetheart was and I said I had not got one. He said it could not be true I must have got ono. I told him again I had not. He then asked me if I would give him a kiss, which I refused to do. He said you must. He then caught hold of me round the waist and kissed me, and throw me down, behaving in an improper manner. I got away from him after struggling ft good deal. He bail be.u drinking but I don't think he was drunk. The accused did not hurt me. I got a scratch but I don't know whether it was from the accused or not. Whon I eot up 1 ran towards Mr Feist's store. When I got about 10 chains away I looked back, and the accused was still standing where I left him, After I had got my things from Mr Feist I went by the way of White's line home, as I was frightened he might stop on the road waiting for mo, When 1 got home I told my mother what had occurred.

(Witness was cross-examined by Mr Middleton, but the evidence in chief was in no way shaken),

I met no one but tho accused on the road that morning, I will swear positively that the accused is the man I met that morning. I gave the description of the man to the constable. I had never seen tho man before the morning. He fastened the horse to tho : fence during the time. I did not smile at him when he asked' me the way to Mr Bunny's. I gave him no encouragement, I had no mud on my clothes; it was on tho grass whore lie throw mo down. I was straggling on tho ground for about a quarter of an hour. My back was aching from struggling, Ho did not throw mo down heavily. Tho scratch on my face was only a slight one. I met no jne after I left the accused on Francis' road I told my mother about it as soon as I got homo. lam hardly aware how I got away from tho accused. My hat was a woollen one and fitted close to my head, and would not come off unless pulled off purposely. There is nothing to show the distance off the road, I only guessed it. The Court: What makes you think that the accused had been drinking 1 I could smell him, and I thought it smelt like brandy. I arrived home again about twenty minutes to one o'clock p.m, Mary Ann Oliver, mothor of the girl, deposed that her daughter would be 15 years old on the 3rd December next, She was sent on a messago to Mr Feist's store on Friday last a little before 9 o'clock a.m, and thought it about half past twelve o'clock when she returned home, and when she came in witness said: "Edith you have been a long time gone, where have you been ?" when she related to witness the occurrence as previously stated, and from what sho told her witness examined her clothing but did not find them disarranged, Saw the accused about 8 o'clock on tho same night at her (witness') house, when her daughter identified the accused aa being the man who had assaulted her on the morning of the same day.

To Mr Middleton; I stmt my daughter for somo sugar and to post a lettor. She seemed very much frightened when she came back, and she related the circumstance which has b°en previously stated, Constable Darby deposed that on account of the information of Abraham Oliver, father of the complainant, he went to the Gladstone Hotel and arrested the accused, and took him to the residence of tho parents of the girl. Thogirl at once identified the acoused as being the man who had assaulted her on the morning of the same day. He cautioned the prisonerjand he said it was a beastly mistake, as he only asked tke girl how far it was to Mr Bunny's, Ho then wanted to have a private interview with the father of! the girl, but he refused. The accused then asked him if the matter could not be hushed up, as it would very materially injure him in his business. Mr Middleton addressed the Court, touching on the points of the oase and the evidence of the witnesses. The accused gave his evidence on oath, as entitled to under "Tho Criminals Evidence Act, 1889." In answer to the Court, the accused stated that he only accosted the girl, asking her the road to Mr Buuiiy's He further stated that he had been that road before to Mr Bunny's, but itjwas over eighteen months ago, and lie was not quite sure he was on the r.ight road or not, The accused was committed for trial, bail being allowed in two sureties of £IOO each and himself £IOO.