CRIMINAL SITTING.

Bruce Herald, Volume X, Issue 946, 16 October 1877, Page 5

CRIMINAL SITTING.

Monday, October 15. (Before his Honor Justice Wii/IJAMB,. and a Special Jury.)

, The following gentlemen were empanelled as a special jury : — Messrs L. 0. Beal (Foreman), James Finch, P. Anderson, JR.. Nimmo, H. North, G. Morison, W. M'Kenzie E. Hodgkinßon, A. Burt, John H. Morrison, James Spraggon, D. L. Simpson, Gustave Hirscb, None of the jurors were challenged. Messrs W. Fraser, G. Morrison, and W.'A. D. Pitt, were excused from service. RAPE. George Proudfoot was indicted upon a charge of having, on the Ist September, committed a rap9 upon one Isabella Angus, aged 17 year s. Mr W. D. Stewart appeared with Mr Denniston to prosecute, and Mr James Smith with Mr F. R. Chapman for the defence. . Mr Stewart, in opening, the case for the Crown, said that it was a matter of regret that the prosecution had been deprived of the "experience and ability of the Crown prosecutor in the conduct of this case. Th e learned Crown prosecutor had', for reasons it was not necessary to state/ preferred not to conduct the prosecution. He asked the jury' to withdraw from their consideration any reports" circulated outside and confine themselves strictly to the evidence brought before them on the part of the Grown. It would be unfair perhaps to the accused that he should be- adjudged by any false reports circulated about him, and on the other hand preconceived opinions outside of the accused should be thrown on one side. The case was of a simple character and though it might be necessary to give medical evidence it would be purely of a corroborative character, and in no way essential to the case. The crime of rape was one of a serious kind against society, and one which required a certain amount of strict proof. At the sametirae the law did not require more than the evidence of One witness in a case of this kind. There were certain offences, such as perjury and .reason where more than one witness was required, but in rape only one witness was ueces&ary. Mr Stewart here stated the case for the prosecution, and said tbab on Tuesday last the prisoner went to the house of the prosecutrix, and there had an . interview with her father, and attempted to have one with herself. He mentioned this circumr stance as they proposed to give evidence of what then took placa, and they did not' wish to take the defence by surprise.

Jane Angus, mother of Isabella Angus — ■ Prisoner called at my house last week and said his name was Proudfoot, and he wanted to see Bella. I said he could not see her. He then ran round the house, and said he was not a married man, and wanted to marry Bella. He was sorry for what he had done. He had plenty of property and cows, and he could^keep her for the rest of her days. I said no, and came away from him. He stood about the place until my husband came home. He left in a machine shortly afterwards. I have another daughter named Jenny. Prisoner called on her, but what conversation took place I could not say. ".'■," By Mr Smith— l don't think prisoner AVfia the worse for drink when b,e\ eam.e to my p&ce, ■-■.;.

Jane Angus, sister cf the prosecutrix, deposed— l reside at home with my parents. I remember prisoner coming to our place last week. . He, first of all, said his name was Prou.dfo.qt, and he wanted to see Isabella. He told me to go and tell Belk that he had come up to marry her. I said he could not gee her, father came home then.

James Angus, father of Isabella Angus, deposed— l saw the prisoner up at my place on Tuesday, 9th inst. He was standing at my door when I came home. He called me aside and said he wanted to speak to me, jj^tjngthat he had 901119 to see about tjia_£ affair j and was vei:y sopry rbr what haa been done. He then said, supposing he was not a married man, would I let Bella marry him. I said T thought you were a married man. He said he was not a married man, and that if I consented he would be willing to make her comfortable. : I told him I could not do that, We both th/eq went outside, A gentleman named Mr Stokes then came up, and he and prisoner had a few words together. Prisoner then said he wanted to see me privately, and said he was very sorry again. He loved the girl ; she was a nice, stout, healty-looking girl, and she would make a good wife. Pie said he would,make over anything to her that she wanted' I then went inside, and prisoner said he would come again- next day, I never saw him again to speak to. ' .

By Mr Smith— l never entertained anything about prisoner marrying my daughter. I never wrote" to Mr Joyce oh the subject. Re-examined by Mr Dennistoa— -I wrote a letter to Mr Joyce,

Mr Smith then asked witness if it related to a marriage between prisoner and prosecutrix, but his Worship ruled that the witness need not answer the question. " , Dr Murphy, in the course of his evidence, said :— I saw the accused between the time I made the examination and went to Angus' house. Mr M'Kay was in company wiih the accused. I went^ then deliberately to prisoner's house. It was not stated at this time that I had examined the girl. M'Kay asked prisoner what he had been up to. I could uot remember whether. prisoner made use of.lsabella Angus' name or not. M'Kay told prisoner in my presence what I had told M'Kay. The Court rose at 6.30.