POLICE; COURT.-THIS DAY.

Auckland Star, Volume XXI, Issue 184, 6 August 1890, Page 5

POLICE; COURT.-THIS DAY.

(Before Dr. Giles, R.M.) 'W** Alleged Indecent Assault. —John Strathern was charged that he did on the 25bh day of July, at Mounb Eden, feloniously and indecently assault one Ellen Hunber.—Mr Edwin Hesketh said he had been retained to watch the proceedings on behalf of the defendant. — Mr G. N. Brassey said thab ho should like to state thab during the week he had received a lebter from the prosecutrix requesting him to appear ab the Courb thia morning on her behalf and withdraw the charge. The letter was as foilowB:— "Auckland, sth August, 1890. Mr G. N. Brassey, solicitor, Auckland. Sir, —Ellen Hunter v r John Sbrathern. I regret exceedingly that I have made a misstatement regarding Mr Strathern's visib bo me on the 28th of July, 1890, and thab I was induced to lay information to the Police, and afterwards laid an information against Mr Strathern for indecenb assault and attempt to have carnal knowledge with me. I was excited ab the time Mr Strathern asked questions, and ran oub of bha house to avoid answering them, and there being no foundation for proceeding aa I have done I wish you to appear for me on my behalf at the Police Courb at the hearing of the above information and apply to withdraw the same, aa I do nob wish to prosecute. —Yours, etc., Ellen H.N_eb." This letter was duiy witnessed, —Mr Brassey further stated thab bhis morning ho waited upon the prosecutrix and asked her if that waa her signature to the letter. She admitted thab ib was, bub said thab ahe wished the case to go on, whereupon another little girl ran in, and pointing to the prosecutrix Baid, "Oh she's silly, ahe'a luny! she doesn't know whab she's doing." He had learned that the little girl was the sister of the prosecutrix. Under the circumstances he thoughb ib his duty to appear and state the facts to His Worship, and then withdraw from the case.— Sergeant - Major Pratb said thab bhe police were prepared to go on.—Dr. Giles said thab Mr Brassey could do no more or less bhan he had done, under bhe circumstances. —Sergeant-Major Pratb aaid thab Mr Brassey mighb also tell the Courb how and under whab circumstances thab letter waa Bigned, and whether the prosecutrix was taken to any place to sign ib.— Mr Brassey said that the letter was simply sent to him, ahd h. Mb i 6 to be hia duty to hand it into Court. Dr. Giles said thab when bbc charge waa laid bhe informant came to him in company with a detective. He asked if the police had investigated the case and was informed that they had, and that it waa considered to be a case thab should be gone on with. Ho must, however, say thab bhe informant had nob comported herself in a manner compatible with the gravity of the charge ahe was making. entered the office giggling and laughing, and altogether far different than one would have expected under such circumstances. She appeared to havo no idea of the serious nature of the charge even after he had tried to make her understand. He thought it desirable thab tho case should stand over for another day to enable the police to make inquiries, lb seemed bo him bhab in bhe face of that lebter, there would be great difficulties in going on.— Mr Heaketh said he was quite ready to fall in with Hia Worship's auggestiona. The hearing of the case was then adjourned until nexb Saturday. As the defendant had answered to hia summons His Worship did nob deem ib necessary to ask that be should furninh bail. .