SERIOUS CRIME AT MOUNT ROSKILL.

Auckland Star, Volume XXXV, Issue 29, 3 February 1904, Page 3

SERIOUS CRIME AT MOUNT ROSKILL.

o TEN YEARS AND TWO FLOGGINGS. The trial of Victor Harper, the -American Finn, charged with committing rape on llosa Elizabeth Mitchell, the wife of a Mount Albert dairyman, ou January 21st, was proceeded; with yesterday at the Auckland Supreme Court before Mr Justice Edwards,

Prosecutrix detailed the lads of the crime, stating that as she was returning home, in the early morning across a paddock, the accused seized her by the throat. When she screamed he tightened his hold on her throat, and said. "You scream, I kill you. - ' ITe threw her upon the ground, and though she battled with him, he succeeded in committing the full offence, holding her by the throat. When he released her she called him a brute, and asked him bis name. He said it was "'Hill,'' aud hastened away. Then a man named Wilson arrived and chased the prisoner. who, however, escaped over the stone walls. She walked a little distance toward her home, and then collapsed. Mr Wilson, returning, assisted her home. She was confident of the prisoner's identity, as she bad passed him on former occasions near the same spot, when lie had wished her good morning. On those, occasions, however, her little boy was with her. and she was not molested. At the arrest the prisoner said to her husband. "Now you've got mc 1 suppose, you want to murder me."' There were bruises on her body caused during the assault, which were examined by Dr. Lindsay.

David Baker, a carter employed ai the road which the prisoner was helping to form, said when he arrived at the job that morning lie noticed that prisoner was not there, but his "crib" (luncheon j was. Between 7.20 and 7.30 the prisoner arrived, coming from some, scnih in a field near at hand. Frederick .lohn Wilson, an express.--man, said that from his window at about seven o'clock lie saw a man overtake Mrs Mitchell in the open paddock, seize her by the. throat, and throw her down. She immediately screamed. He hurried to the- spot, climbing two wire fences on the way. and jumping, a stone wall. In the jump he injured his ankle. He got as near as fifteen yards from the accused when accused ran away. He crossed several fences and entered some scrub, where witness lost him. Witness easily identiiied the prisoner, [deking him out from a dozen men at the police station. When he gave up the chase of the prisoner, he found Mrs Mitchell very much exhausted and crying bitterly.

Dr. Undsay gave evidences of the development of bruises on Mrs Mitchell's body.

George Taylor Mitchell, husband of the prosecutrix, said when lie went, with his wife and Constable Hinton Ix> arrest the accused, the accused at first denied that he was the man, but when the liandcufl's were on, said. "Now you've got mc you want to beat mc." This was because witness was shaping as if he would beat him. Mr Wilson told him that his (Wilson's) wife, who was now ill, saw the man go out of the scrub toward where the road work was proceeding. To the Prisoner: It wa? true that he said he would like to kill him. He had his gun ready, and if it had not been for his wife he would have blown accused's brains out on the spot. It was also true that after the handcuffs were on accused he seized him by the throat. Constable Hinton also gave evidence of the arrest. Prisoner complained of difficulty in understanding the evidence or in speaking English clearly himself. His Honor in summoning up said it was very unsatisfactory to have a foreigner in the box who was undefended by counsel. The jury, after a retirement of only a few minutes, found the prisoner guilty. His Honor said this was a shocking crime, committed ou an undefended woman at a time and in a place where she had every right to expect she was safe, even from such human brutes as the accused. The sentence of the Court was that the prisoner should he imprisoned for ten years, and receive two Hoggings of 15 strokes each with the cat. Mr Mitchell thanked His Honor for the sentence.

At a recent meeting of the Waikato Farmers' Union. Mr J. C. Allen, addressed the meeting on the subject of the swamp of the Auckland province. He said there were over three and a-half million acres of waste lands in the province, aud at a low estimate 500.000 acres were swamp. On many of these swamps there was a good deal of llax which would often pretty well pay for the land. With regard to the Piako swamp, which was situated between Waihoti and Piako Rivers, the greater portion of it was drainahle. If the Government, instead of spending money in buying the Matamata Estate, had opened up the Piako swamp, it would have done more good, as the land would be better than Matamata. The Government should put in main drains as outlets for the drains to be made by the settlers, and should charge cost to the land. He com plained that the province was being kept back by not opening up its swamp lands. Mr A. Smith said the Piako swamp Mr Allen was speaking of must not be confused with the swamp called by the same name on the Woodlands Estate. Attempts lo drain that had proved unsuccessful. -Mr A. Smith and others thought the main drains when made should be handed over to a locally instituted Drainage Board. A resolution was passed calling on the Government to open up the swamp lands of the province. The Whangarei Chamber of Commerce, which was lirsi approached on the subject by Mr L llanlon, has been urging ou the Government to have an exhibit of both fresh and preserved fruits at the forthcoming St. Louis Exhibition. Both the secretary of the Chamber and Mr Hanlon have been corresponding with the Government on the subject, and a letter has just been received by Mr llanlon from Sir Joseph Ward approving of the idea. He added, however, thai as it. was not yet definitely decided as to whether the colony will be represented tit the St. Louis Exhibition, no definite steps cau Le taken in the matter.