RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 286, 1 July 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, Jtj> t e 30. i (Before T. A. Kynnersley, Esq., E.M.) s Drunkeness, —James Collins, John I Cowen, Oliver Johnston and Patrick • Jones forfeited their bail. Ann ; Connolly who appeared in Court in a 3 very airy costume, having no gown on, ' and her shoulders covered with a table

cover only, was charged with having

L been drunk. Prisoner pleaded very > hard for forgiveness, and though both ' Inspector Franklyn and Sergeant ' Williams gave her anything but a ' flattering character, as she was not charged with being disorderly the magistrate let her off with a fine of 20s. or 24 hours imprisonment. ALLEGED RAPE. Patrick O'Toole, was charged with having committed this offence on the 22nd inst., on the person of Catharine Cereseto, at Addison's Plat. Mr Franklyn conducted the prosecution, Mr Tyler defended the prisoner. The prosecutrix deposed,—l am the wife of Angelo Cereseto, who is a charcoal burner, resident at Addison's Flat. We have a small store, selling fruit, &c. I have known prisoner about three months ago, when we lived on the flat. He used occasionally to buy vegetables at the store, cabbages, potatoes, &c. On the evening of the 22nd of May he came to my store between seven and eight o'clock. The nearest house was about twenty feet away from mine. My house is boarded at the sides, with calico roof. Prisoner came into the kitchen where no one was but my children. After some conversation, I asked him to go out, when he said "your husband is not at home let me stop a little while. "If you wont I cant force you. The witness proceeded then to give evidence of the alleged assault, and swore positively that the prisoner was guilty of the grave charge made against him. I resisted all in my power and in my struggles tore the jacket produced that I then wore in the manner it is at present. I was so frightened that I was not able to scream. I cannot scream when I get frightened. After he had effected his purpose he went away immediately. I made it known to my husband the next day. I remained in the room something like half an hour afterwards that night, but I did not go out of the house or see any one. My husband did not come home till the next day r , Saturday, and I told him immediately he came home. He told me to inform the police but I was not well for some days, and sent for Dr Denovan. I told another woman named Coffin about the matter seven or eight days after the occurrence, and went to the the camp also about a week after it happened, but the sergeant was no- in. The camp is about one hundred yards from where I live. There was another constable there, but I did not say anything to him. After this I was not able to walk down to see the Magistrate for some time, but as soon as I was I came down and signed the information. I did not know that the Magistrate was at Addison's Flat or else I should have gone to him. The prisoner came to my place a week after this and my husband was present. My husband went to call him. Some conversation arose on this subject, my husband saying that prisoner had done something and deserved to be punished. Prisoner then asked me if I had told my husband everything, and I said I had. My husband then told him to go away for that he would not have him any more iu the place. Prisoner went away, but came back in the evening, my husband being present. My husband said to him " I will pull you to I ]

Court." He said "if you do you will only expose her name for nothing," adding " perhaps I will stand my trial or perhaps I will bolt away." On this my husband showed him out and told him not to come any more. The same night he said that it was better not to let it go any further, and that he would make a little present to the children. Cross-examined by Mr Tyler—l have been in tho colonies eleven years. I came from Victoria with my children three months ago. My husband came two years ago last May. I have three children aged 9, 8, and 6 years. I have had none since then. I might have said that I knew how to prevent myself having children. I never said so to any man. My place is at the Junction, and persons walking up and down the street pass close to it. Tbe street is »nly tho track wide, about the width of the Court. There is a baker's a little distance at the back something about twenty feet. A butcher and a shoemaker have places near, and a fruit shop is also close. Prisoner was about two hours in the house altogether. He had been several times there before. On this evening I had no drinks. Another day I had some gin and water with him I had no .e that night. He never pulled out a £5 note to pay for four drinks each. I have had drinks with him before, but it was not a custom I pu' my boys to bed after he went away. During the time he was there we talked about various things. During that time I did not sit on prisoner's knee.

The cross-examination was continued, but much of it was unfit for publication. On being pressed she contradicted her previous evidence as to being certain of the graver offence having been committed.

Cross-examination resumed Pri'soner did come to our store the following day—Saturday, and bought some sundries. At the time my husband was there. On the next Tuesday he paid me for some cabbages. On the next Thursday I sent my little boy to him and he came. (What passed" must be omitted, but it was most damaging to the prosecutrix's case). I have seen the prisoner nearly every day since the occurrence took place. Mr Tyler submitted that as the prosecutrix had denied that the capital offence had been committed, the prosent information could not be sustained. He asked, therefore, if his Worship would go on with the case. The Magistrate agreed with Mr Tyler as far as the first offence weftt, but he might find evidence su'nYiiut to commit prisoner for trial for an attempt to commit the offence. Angel o Cerosefco, husband of the last witness, proved that she told him of the matter the evening after itoccurred, about an hour after he reached home. He also gave evidence in reference to the conversation that had taken place between them subsequently, Avhen prisoner had offered to make a present to the children if witness said nothing about it.

Victor Cereseto, son of prosecutrix, aged nine years, was called, and examined by the Magistrate as to the nature of an oath.

He knew that he would be punished if he did not tell the truth, and on being aslced by whom, replied by the Magistrate. He had no idea of further punishment on that account. On being further interrogated by Mr Kynnersley, he admitted in the most naive manner, evidently thinking that he was confirming the value of his evidence, that he had been told what to say by both his father and his mother, and that he had repeated it over several times to them both at home and on the road down. He commenced to give a proof of the perfect manner in which he had learnt his lesson, but was stopped. Subsequently the Magistrate allowed him to make a statement, to be taken for what itwas worth. His story was very short, but he was letter perfect in his part, the Magistrate testing this by making him repeat it over twice. He admitted that he did not call out, though he thought the man was hurting his mother at the time. Mr Tyler objected to this being attached to the depositions as it could not be used against the prisoner.

The Magistrate said that he should take it in order to show why he had not taken the boy's sworn evidence.

The boy was then asked several questions, but as might be anticipated, his story was anything but satisfactory. Joseph Cereseto, brother of the boy, was also equally well up in his part and repeated it with equal perfection. William Donovan said he was practising at Addison's Plat, knew the prisoner but never remembered seeing him at prosecutrix's. He had a conversation with prisonerin reference to her. On the 27th ho attended her professionally, and found that she had

a certain disease, alleged to have been contracted through the circumstances of this charge. Subsequently he had a conversation with prisoner on the subject, when the latter said he had simply taken a kiss, and that was all. By Mr Tyler—The appearance of the disease prosecutrix was sutfering from were those of nine or ten days standing, certainly more than of two or three. Erom conversations had with prosecutrix and her husband, he believed though they had never said so, that a little money would settle the matter. They told him prisoner had plenty of money, and that he had told prosecutrix he had over £3OO or £4OO in the bank. When ho suggested settlement to the prisoner he pooh-poohed it and would not listen to it. Eliza Coffin was called but did not appear. Dr Denovan recalled, said that when the prosecutrix called him in she did not tell him that any offence had been committed on her. She only asked if a certain Italian had been under his care, and witness declined to give a reply. Constable M'Gruire remembered the prosecutrix coming to the Camp about the 25th of May to see the sergeant. He was not in and she went away. By Mr Tyler —Prosecutrix lived about two hundred yards from the Camp, aod there are three or four houses near her hous-e.

This concluded the case for the pro secution.

The Magistrate said he would not call on the prisoner for any defence for the evidence of the prosecutrix had not been corroborated in any respect whatever, excepting by the children who had been taught what to say. He did not place the slightest credence in their evidence. He commented on the fact that people were living twenty feet off, and that the prosecutrix had raised no alarm, and concluded by saying that it appeared to him if nothing had been heard of prisoner possessing £3OO, the case would not havp been brought forward. The information was dismissed. CASE. Frederick Holford was charged with sfenlin<r a coolie dojr, the property of Henry Law, valued at £B. The prosecutor said that he lost his door, a coolie puppy, eleven weeks oh 1 , and found it in the possession of a man named George. The latter said hat the baker had sent it over to him, and the pri-oner (the baker) was thereupon taken into custody. A more trumpery case could not be brought, and the Magistrate would have censured the arresting constable severely, but the latter explained that he had been misled by the mis-state-ments of the prosecutor. The Magistrate dismissed the case, remarking that the prosecutor would find it a rather serious matter to give people into custody in that loose Avay, for he clearly had rendered himself liable to an action for false imprisonment. CIVIL CASKS. Williams v. Wiiliains and Co.—An action to recover £IOO wages, alleged to be due. There was no appearance of the defendants.

The Magistrate refused to give judgment against the partner of defendant Williams, as no summons had been served. He offered to give judgment against Williams, who is a brother of the plaintiif, if the latter pleased, or to allow a nonsuit. Plaintiff preferred getting a verdict against his brother, to the latter course, and it was accordingly recorded.