THIS DAY.

Auckland Star, Volume IV, Issue 885, 8 January 1873, Page 2

THIS DAY.

His Honor took his seat at 10 o'clock. The jury were then empanelled. RAPE. Francis Conway, an old man described as a miner, aged 79, was arraigned upon an indictment charging him with committing a rape upon a child of tender years, at Shortland, on the 13th day of November last. Mr Brookfield appeared for the prosecution, and brieiiy stated the particulars of the case. He then called Mary Anne McGinty, aged seven years. His Honor questioned the child respecting the nature of an oath, which being satisfactorily answered the oath was administered. The child stated that she lived in Mackay-street, Shortland, and that her father and mother were employed at Barnett's Hotel, Shortland. She knew the prisoner at the bar, and was in the habit of going daily to the hotel after leaving school in the afternoon. She remembered the night of the Volunteer Ball. She was in the kitchen of the hotel, and Frank Conway was there, who asked her to go with him up stairs and have some lollies. Her mother was up stairs, and her father was in the pantry at the time. She went up stairs with Conway. (The details of this part of the evidence are unfit for publication.) The prisoner put several questions| to the child, but failed to shake her testimony.

To His Honor : Her brother worked in the hotel; he was head cook there ; and Mrs Barnett was sometimes there. The prisoner took liberties with her when she was alone. She did not like to tell Mrs Barnett nor her mother. Her mother was not at Barnett's every day. Prisoner was also employed at Barnett's.

Catherine McGinty, wife of William McGinty, and mother of the child, deposed that her daughter Mary Anne was born in 1565, and is now seven years old. Her husband is pantry-man at the hotel, and has been employed there three years. She has two sons employed there also —one as cook, and the other as head waiter, —Conway was assistant cook. Her business" at the hotel did not take her to the kitchen. She was at the hotel on the night of the 13th November, her child was there also. Her child came home and complained of the ill-treatment she had received from Conway, when she examined the child. * * * The child was so ill in consequence of the abuse that on the suggestion of her husband she took the child to Dr James Kilgour, under whose bauds she has been during the last six weeks. Dr. Gilgour, a qualified medical practitioner, of Shortland, deposed that on the 20th Nov. the child was brought to him by her mother, and in consequence of what she had communicated he examined the girl, and stated the result to the Court; but it should be remembered that his examination was made seven days after the alleged offence had been committed, so that certain appearances in the interval might have been obliterated. To Mr Brookfield : Examined the prisoner on the following day in the gaol, and found that he was suffering from a disease which must have been upon him for a month.

The prisoner upoi£ being called upon for his defence stated that he had no witnesses in his favor, and had only to say that the statements of the mother and child were contradctory, and that Dr. Kilgour could not prove that the child had been injured through his agency; he had nothing more to say. His Honor then proceeded to address the jury on the case, and read over the depositious of the witnesses, which occupied nearly an hour, when the jury retired to consider the verdict. After a quarter of an hour's deliberation they returned with a verdict pf guilty. His Honor asked the reason why the prisoner was placed on the calendar at the extreme age of seventy-nine. The Governor of Gaol replied that that was the age the prisoner himself gave.

His Honor then passed judgment upon the

prisoner, saying that he had been found guilty by the jury, after careful consideration, of the crime for which he stood convicted, and lie thought the jury had clearly done their duty according to the evidence before the Court, and the Court must inflict a very severe punishment, which would be that he be kept in penal servitude for a term of five years.

HORSE STEALING. Pani, an aboriginal native, was arraigned on a charge of stealing a gelding, six years old, at Tauranga, on the 31st July, 1871, the property of Alfred Sauuders. Mr Brookfield appeared for the prosecution ; the accused was undefended. Alfred Sounders, on being sworn, deposed that he was a settler at Tauranga, and that the horse was his property. He th^^W^^/i scribed very minutely the appearance ot /". animal, and several brands on the shouts . He first missed the horse in 1871, but? ther the ears nor the tail had then 'ft. i cropped. The prisoner lived close by, and lie was frequently in the habit of seeing him. Had asked the accused several times about the horse, when once he said he had seen the horse at Maketu. He sent there to make enquiries, but got no satisfactory reply. He did not again see the horse until last November, when he saw him at Teteko, about sixty miles from Tauranga, near the Government paddock

[Left sitting.]]