THAMES POLICE COURT. [Before W. Fraser, Esq., R.M.]

Daily Southern Cross, Volume XXVIII, Issue 4607, 30 May 1872, Page 3

THAMES POLICE COURT. [Before W. Fraser, Esq., R.M.]

[Before Fbaser, Egg., Indecent Assault. —Henry Loveday was charged with indecently assaulting a little girl named Selma Smith, on the 24th day of May. Sue was about eight years of age. Mr. Tyler appeared for the prisoner., Upon the application of Mr. Bulleh the case was heard with closed doors. The child was accompanied by her mother, who at the suggestion of Mr. Tyler had to leave tho Court with thfi other witnesses. Her daughter was a well-grown girl, "who seemed to be but lightly impressed with the seriousness of the position she occupied. His Worship was most particular in ascertaining whether ahe was sufficiently intelligent to give evidence. Her replies to his interrogatories about a future state were straightforward enough. —Mr. Tyler however objected to her evidence being (taken, on the ground that she did not fully understand the binding nature of an oath.—His Worship felt inclined to think so too, but decided to take her evidence, subject)to Mr. Tyler's objection. —Bat Mr. Tyler persisted in terming the evidence inadmissible. He supported his view of the aase by weighty suggestions. Hit Worship said that a heavy responsibility rested with him ; the charge was a most serious one, and he therefore did not feel justified in dismissing the case, although if he were sitting to summarily convict he should-have no hesitation in doing so. He would however remand the case for one week, and meantime take advice on the point raised.by the prisoner's counsel. Bai? vat renewed.