SUPREME COURT.-Yesterday.

Auckland Star, Volume XIII, Issue 3560, 6 January 1882, Page 3

SUPREME COURT.-Yesterday.

Criminal Sittings,

'(Before Hi 3 Honor Mr Justice Gillies.)

ALLEGED INDECENT ASSAULT,

John Scarborough, a tall and athletic man of colour, was charged with having, in October last, at Parncl", indecently assaulted a girl named Lucy Furbcr. The prisoner, who was defended by Mr drowning, pleaded " not guilty." Tbegirl deposed that she was the daughter of Edward Eurber, carpenter, and that sho resided with her parents in Devonport Road, Parnell. . On the night of the 19th of October last, while in bed in the front room, she was aroused fvom sleep by feeling a hand upon her person, and ou looking she saw the prisoner bending over with a light in his hand. She screamed, and he blew j tho light out and disappeared. Her father then came at her call, and he looked through the house, but only found tbe door open. The prisoner had never before takeu liberties with her, Mr and Mrs Furbcr alac gave evidence. Mr Browning cross-examined the witnesses with the object of shewing that tho girl was nervous and imaginative, and that it was at first thought she had been dreamiiif It appeared that the father, on Icing aroused, had saiJ to the girl, in an offhand way, that she must have been dreaming,' but that she herself had never doubted the reality of the assault. Elizabeth Wood, a widow, residing in the next bouse to the prisoner's, deposed that he was her son-in-law, and that her house was divided from 1113 only by a wooden partition. She could hear everything tbat passed in the adjoining room, in prisoner's house, if spoken loud. On tho morning in question, the heard tho prisoner go out of the house about half-past two o'clock and return at three o'clock. She was a -ulferer from asthma, which kept Iter awake at night. t This was the case for the prosecution. Mr Browning then addrsssed the jury in the prisoner's defence. His Honor, in summing up, Slid that the caic was a most extraordinary one. The witnesses had spoken positively ks to the assault, but there .was still a question— whether this child, who was of a highly nervous temperament, might not have had hor imagination wrought upon by hearing certain things not very nice about the black man. The jury, after a short deliberation, returned a verdict of " not guilty." The prisoner was consequently discharged, and the Court rose.

THIS DAY.

His Honor took bis seat at ten o'clock.

IN---ENT ASSAULT,

Maurice Heffermtn, aged 46, described as a carpenter, was arraigned upon an indictment charging him with committing an indecont Assault upon a child, named Pludence Morrison, aged nine years, on 26th December last; aud to which the prisoner pleaded " not guilty." Mr Cotter appeared iv defence. Mr Wiliiuiii-on, Crown Solicitor, opened tho case for tbe prosecution. Mr Cotter asked His Honor to examine the child as to tho natm 3 of an oath.

His Honormadc them c.-saryexamination, but the child's answers were vague. She said if she did not tell the truth she would t>3 burnt in a great tire. His Honor suggc^cd thatthcchildniightbe examined, aud tbo jury would attach such weight as they mieht think proper to her evidence. Slto ceuld read and write, and had fiomc knowledge of right and wrong, and understood something of future puniphment. She was then sworn. Patience Morrison deposed that sho lived with her parents at the Tc Aroba goldiield ; knew the p»iapncr; he came to her grandmamma-hoiuio- Monday evening, the day after Cbrt.WvKts «y, Another little girl was with l;or ; he asked for grandmamma ; he then asked for a light ; bad a pipe in his mouth, but did not light it. Her grandmamma was not at home. He ran after her and tho other little girl. He caught her and pulled her away, Ho raced tbe other girl round the table, and she got out of tho bouse and ran away. She gave him two cups of milk and a currant bun.

Tbe foreman of the jury desired that the child's evidence might be read over at tbe close, as it was impossible to bear the evidence iv consequence of the lowness of the child's voice and the walking in the precincts of the court,

Witness proceeded : Prisoner tried to get hold ot her. She ran upstairs, and prisoner followed. His trousers were unbuttoned, and bo put his band under her clothes. He pulled her between bis kuccs. lie did not say anything. He had a bolt on at tho time, (The child minutely described the prisoner's dress, and had no doubt that prisoner was tbe man who assaulted her.) He did not repeat tbo attempt. Cross-examined by Mr Cotter: Her father mother, and grandma loft that evening about five o'clock; said tbey should not be long. Helfernan was draining on her father's land, He bad often been in their house, 'ihe was not ia the habit of playing with him. He was there on Christmas day. He used to make fuo. She thought ho was iv fun when he ran upstairs after her. He was Dearly drunk that night. Staggered very much on coming iv, but not afterwards. He was in the house about three hours on boxing night. When her parents came home, the prisoner was there, nnd they ordered him ont. She told her pa all about tho prisoner's conduct. Nicholas Clcary, constable stationed at Te Aroha, deposed to knowing Mr Morrison's houso. He made the sketch,shewing the relative positions of tho rooms. He nrrestod tbe prisoner on the present charge. Prudence Holden, a child of diminutive appearance, was next called, and examined aa to the nature of an oatb. Sbe could not read, but had been taught by her mother that if she told a lie God would know all about' it and punish her horcaltcr. She was then sworn, and deposed that she was at Mrs Morrison's on tho evening of tho 26th. Knew the prisoner, who was at Morrison's tbat night, isiio then made a statement almost the same as that of tbe last witness.—Cross-examined by Mr Cotter.

Mary Jane Morrison, wife of Win. Morrison, depoicd that she knew accused; he via,, at her house about nine o'clock on tho evening of tho 26th ; her attention was attracted, on going home, by the screams of the two children j Maurice was standing against the door; he said tbe children were frightened, and she told him to go away; he did not go until her husband came home; she found her daughter in tho bedroom. When her husband came, ho gave prisoner a glass of spirits; prisoner drank ithurrocdly and left, They knew nothing of the assault until Maurice had gone, when the girls told her of his conduct towards them. Her suspicions were moused by the state of his dress, sho considered him sober. Crossexamined by Mr Cotter. This was the case for thepro:ccution. Mr Cotter then addressed the jury in defence, and said that the evidence in tho case was confined to the two childron. He urged that such evidence should be cautiously received, and pointed out one or two discrepancies in the two statement-, and that under all circumstances the prisoner was fairly entitled to an acquittal. His Honor then summed up, and left the case in tbe hands of the jury. Verdict—" Not Guilty."