R.M. COURT.

Wairarapa Daily Times, Volume XII, Issue 3861, 18 July 1891, Page 2

R.M. COURT.

MASTERTON—FRIDAY. (Beforj Colonel Roberts, R.M.) Assault. The case Robinson v Francis, alleged assault, was continued at two o'clock, Arthur Francis, the defendant, sworn, stated: I was having a row with Brown wheu Robinson jumped on my back and said, " Come on boys, you're no mates." I then put down my head and put him over. He got up and put a " charcery" grip on me, when I put my foot down and placed him on the ground. He then got up and made a shape to fight, wheu I " upper cut" him and brought him on his knees and I slipped and fell with my knees on bis ches j. 1 asked him to get up and he would not reply. I then gave him a kick in the behind. I tried to lift him up, when 1 found that both my hands wei-e broken. When I found I could not use my hands I caught hold of his coat with my teeth and tried to lift him up. I bad nothing further to do with Uim. I had previously had a row with Brown because he called me a •' b—har." I had discharged the men two dayß before because they would not work when I was away. Had Robinson not interfered with me I would not have touched him.

By Mr Pownall: Brown was not much knocked about. 1 said to Robinson, " Lei's see some sort of a go," and Brown toM fire I was a black bastard, and it was not my business. I did not wish to see the noble art of self-defence disgraced, and that is why I told Robinson to go on with the fight. I have been a contractor off and on for five years. I have done a little at boxing. I have never advertised that 1 have an uobroken record of thirty fights. I have fought in Featherston, Masterton, and Eketahuna. I remember striking Kebinsen when he was down, but what could I do wben|be would not gee up t This was what I call up and down fighting.

By Mr Beard: I would not have meddled with Brown if he had not carried tales about. Albert James Robinson deposed that he remembered the row and saw Robinson take a running jump on to Francis' back. Robinson was. in his opinion the aggressor. The Bench said that as the costs were heavy a fine of 10s would be inflicted, with witnesses expenses £3 15s, Court costs £1 10s, and counsel's fee £1 Is, in default fourteen days' imprisonment. The accused was allowed three days in which to pay the amount. FAILING TO SUPPORT. George Dew was charged with disobeying an order of (be Court made on July 3rd, that he should contribute the sum of 13s 6d per week towards the support of his wife and children, and was remanded till next day. ILLICIT INTERCOURSE. Charles Volheim whs charged by Sergeant Hannan with with haying illicit intercourse witk Ethel Beere, a girl over the age of twelve and under fourteen. Mr Pownall appeared for the accused. The Court was cleared during the hearing of the case. Ethel Beere, sworn, deposed to having known uccusad since they went together at the dances. On Monday week they went together for a walk, and on the Wednesday following they went to the rink. On that night the accused committed the offence. (The witness here described the offence). She was thirteen years of age on tLe 12th June last, and told the accused this on the first night she was walking with him.

By Mr Pownall: She knew her age because she had seen it in the Bible, which was at home. She had never told the accused she was sixteen, and had never told anybody else that she was. She had no objection to ing with Volheim. Lucy Beere, mother of the last witness, deposed that her daughter was thirteen years of age on the 12th of June last. The accused came to her and asked if she would withdraw i the case, and she said certainly not. He admitted the offence aud said he wis sorry for what he had done. By Mr Pownall: She would swear solemnly that it was on the 12tb June her daughter was born. The date in the Bible had been altered as she had written it wrong at first and she had scratohed it out to put it right. Dr Hosking deposed to having examined the girl Ethel Beere and found that the offence had been committed.

Sergeant Hannan gave evidence aa to the arrest of the accused.

This was the case for the plaintiff, and the Court then adjourned till next day.

SATURDAY. On resuming this morningMr Pownall, for the defendant, submitted that His Worship should take into consideration the fact that no evidence dad been produced to show that the girl Ethel Beere was under the statutory age. Hia client admitted having committed the act, but stated that the girl had led him to believe she was sixteen years of age. He contended that this was sufficient to justify the Court in discharging the accused. Hia Worship expressed the opinion that he had no jurisdiction under the Act to decide whether or not the accused had reasonable grounds to believe the girl was over the statutory age. 1 Mr Pownall: I would ask Your Worship's ruling on this point. If you have no jurisdiction, it will be useless for me to call evidence for the defence.

His Worship : lam quite decided. This Court has no jurisdiction. I would be glad, however, to hear the evidence.

Mr Pownall: Then it will only be injurious for me to call evidence. The defence will have to be reserved.

His Worship : The evidence given goes to show that the girl was over the age of twelve and under fourteen. Sergeant Hannan : And that is all that is required. 'Mr Pownall: There is no use my bringing evidence then. I very reluctantly reserve the defence for the higher Court. The accused was then formally committed to take his trial at the next criminal sittings of the Supreme Court in Wellington. Bail was allowed.