MIDNIGHT MINOTAUR.

NZ Truth, Issue 62, 25 August 1906, Page 4

MIDNIGHT MINOTAUR.

Girl's Grand Fight for Honor.

Alleged Attempted Rape.

At the Supreme Court, before Justice Edwards, on Friday week, Edward Donnelly appeared to aaiswer a charge of attempting rape on a girl named Annie Noble at Waiharara on April 24. He was further charged with assaulting and indecently assaulting her on that date. Accused pleaded not guilty. In opening the case the Crown Prosecutor, Hon. J. A. Tole, explained that the girl who lived with her parents m the neighbourhood, had arranged to assist prisoner's wife, who was -m a delicate state of health, and on April 23 went to live at prisoner's house and alleged that the offence occurred the following night. The girl successfully resisted her assailant's efforts.

In giving evidence, the girl said she was i 7 years and ten months ohi. Prisoner's wife asked her to assist her m the house and she went there on April 23. She slept m the same bed with prisoner's wife and two children that night, accused occupying an adjacent room. On the following night prisoner went into his wife's room and witness took the other room. .About one o'clock she was awakened by discovering prisoner m her room. He caueht hold ,of her. She screamed out to prisoner's wife but got no reply to hee cries. Witness then described how prisoner had tried to effect his purpose, and their struggles. She successfully resisted him and when he desisted told him she was going home. Prisoner v then left the room, locking the door behind him and did not molest her again that night, but she dressed^ herself and remained m- the. room until the door was unlocked m the morning. She then told prisoner's wife of what had occurred, but Mrs Donnell-" only laughed at her. She went home and told her mother and later on witness' father, mother and Dr Maher saw accused. He asked them what the bother was and denied everything and called her, a damned brazen-faced faggot. Cross-examined by Mr Landon witness said she had visited the house before going to work there but denied sitting on. prisoner's knee that afternoon. Although there was no light m the room she could see that prisoner wore a dark shirt. She was treated with great . violence whilst restraining prisoner and m consequence her arm and shoulder were much swollen.

Dr. Hope deposed to making an examination of the girl on July 1. He found no indication of any injury ; she was a virgin.

The further hearing was adjourned until Saturday.

The father and mother of Annie Noble detailed what occurred on April 25, after their daughter returned home from Donnelly's, and made a complaint. They took no proceedings to bring prisoner to iustjce fdr some time owing to their belief that the cost of. litigation would be heavy and t-hey. could not afford the expense.

Directly they heard that they would not have to pay proceedings were instituted.

Constable Sef ton, stationed at Kaitaia, spoke as to prisoner's statement when arrested. He said when he went to hed the first night after the girl Noble came, she joined him m the adjoining room ; she was __ consenting party.

For the defence on Saturday Mrs Donnelly, wife of prisoner, said they had known Annie Noble some three years. The night she came there to stay the girl slept m the same bed with witness. After they went to bed Annie called out to accused who was m the adjacent room, "I suppose you're cold m there, Ted?" Witness' husband answered back, "Yes, I am." The girl then retorted, "You're. not game to come m here!" Prisoner eot out of his bed and opened the door of their bedroom. The girl said, "Come on," encouragingly, aid then he came m, shut the door, and slept with them all night. Mrs Donnelly related how she told Noble m the morning that she would have to go, owing to their behaviour, at which witness was very much distressed. Eventually she agreed to let her stop, but stipulated that she must oo cupy the next room. However, the next day the girl was dismissed ami went home. When the charge was m-ade prisoner asked what was the trouble, and the girl retorted that "he knew." Her husband then said, Do you refer to what happened on Monday night ?" and the girl started crying and admitted that she did. Accused then told her parents all that had taken place. The girl, still crying, admitted having slept with prisoner. Witness was prepared to swear her husband had nothing to do with the girl on the Tuesday night, as alleged. On Wednesday morning she dismissed the girl because of her conduct, and she went home.

Accused went into the box and swore that he had not interfered with the girl at any time. The whole case was a conspiracy to get him into gaol. He declared that the whole of the witnesses for the Crown had committed perjury. He denied absolutely having anything to do with the girl on the Tuesday night, o

His Honor having summed up, the jury retired and after deliberating over three hours found prisoner guilty of indecent assault and not guilty of attempted rape or assault with intent to commit rape. Justice Edwards remarked that this verdict vindicated the girl's honor and truthfulness. On Monday Donnelly was brought up for sentence. His Honor severely commented on his infamous conduct m talcin-e advantage of a girl m service at his bouse and lamented the depraved state of a man who, m the presence of his own wife, could attempt to ruin a young girl. The crime was __ heinous one and the sentence was six years' imprisonment.