S.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4710, 4 May 1894, Page 3

S.M. COURT.

Alleged Assault with Intent

In the Masterlon Court this morning, before Mr T. Hutchison, 8.M., William James was charged with assaulting Amy Iteeye and attempting to commit an unlawful offence. By order of His Worship the Court was cleared,

Sergeant McArdle appeared for the prosecution, Mr 0. A. Powuoll for the accused, wbo denied the charge. Mrs Caleb Ewington,the informant, deposed that she was the wife of Mr Ewington, blacksmith of Maaterton. On the night of the 30th inst,, she sent her sister down town at about 8,30. At nine her sister roturned,and she could scarcely speak. Her oyes were swollen, and though not crying she looked as it she had bad a terrible start, In conseqtienoe of .the complaint made, tho witness went to the police station and told the Sergeant of tbo occurrence, Her sister was a very delicate girl. By the Bench: Her sister would he fifteen in June, She was sent to the Chinaman's, Witness told her not to be long. By Mr Pownall: She was away half an hour. When she returned witness saw she had had a terrible start and asked her what had hap pened, her sister told her of the occurrence.

Amy Reeve said she to the sistor of Mrs Ewington. Tbe accused, Bill James, stuck her up on the bridge, and made a remark to her. She told him she would tell if he didn't leave her alone, He oaught hold of her and detained her on the bridge for a quarter of an hour. She then ran back towards the town, Tbe acoused came after bir. She got away and returned to her sister's house. By the Court: He did nothing else but catch witness by tbe shoulders. By Mr Pownall: Did not know tbo accused personally, but.knsw him by eight. Had never walked with him. Had seen him. three or four times before. Saw him last June. Witness was only « visitor. She lived at Maryborough, No people crossed tbe bridge, and uo one was presont in Queen street where she went, Did not cry out, Accused did not attempt to trip her or throw lior down, Did not touch her in any way but by placing his bands on her shoulders. Accused was wearing a " bard • hitter" bat and dark clothes,. Was quite sure tbe assault was committed by the accused, Had no spite against Jameß. Was with no other young man that night. Accused had io her twoday3 before and said "Good afternoon." Had never accosted her before,

By the Court: The accused asked her to come under the bridge. Sergeant MoAidle gave evidence that about 9.80 on the evening of the 30th ult. Mrs Ewington made a complaint regarding the maiter before the Court. Mr Pownall said there was not sufficient, evidence to substantiate the charge, even if the accused was the ■ nan who had committed the alleged offonce, His Worship over-ruled this. Mr Pownall procD»ding said iiia> tlieoyidenceof the girl had astounded him. He proposed to prove that this could not hnvo been on. the bridpi at the time. Hia movemonts could be. accounted for on the evening of the 30th ult. from 7 p.m. to past ten. And the girl be could only consider badmade a horrible mistake, as it was difficult io believe that she was so vicious as to concoct the story. William James, sworn, said ho was not on the bridge on the night of the alleged assault. Did not seo tho in> formant that night. Witness and two companions *ent to the "Star" Hotel last Monday night at about 7.10 p.m. Had tea at G o'clock ad was at the " Star" until shortly bofoto nine. His two companions were with him all tho time, After leaving the" Star" they went to the "Royal" Hotel where, they stayed till ten o'clock, closing time, With the oxcepiion of walking from the " Star" to tho" Royal," witness was not outside at all, Had tea at the Empire, Had been about Masterton for the last twelve years, Was quite sure he was not on the Waipoua bridge in theevoDing. At half past nine Ins companions went out of the hotel, but witness remained in the " Star," Was not intoxicated.

By (ho Sergeant: Witness did not see either the Sergeant of the Police, or Constable Stewart in either of tbe hotels. Was not amongst a crowd moved on by tlio police in front of Whitu'e shop in Queen street, Was iii the company ol his comrades from seven to past nine.

- By tho Court; Had spoken to the girl Reeve lust winter. The examination of the bumnil ofj the Star Hotel Hotel was proceeding when the Court adjourned for lunch,