TWO YOUNG MEN GUILTY OF SERIOUS CHARGE

Gisborne Herald, Volume LXXVI, Issue 22951, 20 May 1949, Page 6

TWO YOUNG MEN GUILTY OF SERIOUS CHARGE

Commenting that the story revealed a pretty despicable performance, Mr. Justice Cornish in the Supreme Court in Gisborne yesterday closed the trial of three young Maori men who were each charged with rape or, alterantively, attempted rape on a young woman at Manutuke on February 20. The men were Theodore Jones, aged 19, labourer, James Nepia, aged 20, labourer, and Sidney Beauchamp, aged 27, invalid pensioner. All the men were Manutuke residents. After a retirement of one hour the jury found Jones not guilty on both counts and Nepia and Beauchamp guilty of attempted rape, with a strong recommendation to leniency. His Honour discharged Jones and remanded the other two prisoners for sentence. The Crown prosecutor, Mr. F. Wrey Nolan, conducted the case for the Crown, and the three men vvere represented by Mr. K. Gillanders Scott. * The jury was:—G. W. Stokes, foreman, G. E. Ferguson, S. E. Wilks; W. G. Cust, A. N. 3runton, W. E. W. Morrow, W. R. Sexton, J. L. Turnbull, E, E. Post, J. W. Owen, F. Griffin, and H. T. Haynes. -M, ,• - Vf • Marks on Neck and Arms

Dr. S. B. L. Bowker, who examined the complainant on February 27, said that marks of violence on the neck and arms supported the girl’s statement that she had been assaulted.

Evidence was given by a 22-year-old girl as to an incident concerning the three accused, allegedly following a party in a hut near a dance hall at Manutuke. During her struggle against the three men, the witness said, she received scratches on the neck and bruises on the arms. Another man had eventually come to her aid after she had screamed. Cross-examined, the witness admitted having previoulsy spent a night in shearers’ quarters with Jones. A 19-. year-old girl friend of the previous witness gave evidence about the party, at which she and her friend were the only women present amongst a number of men. The witness left the party before her friend. Attracted by a scream, said William Taylor, a labourer. Manutuke, he found a woman in an upset and dishevelled condition near the dance hall, He did not see any men in the vicinity. Whare Taylor, also of Manutuke, said he came upon William Taylor standing with the girl. The witness picked up several articles belonging to the girl from the ground and then took her to the bus for Gisborne.

Statements allegedly made by the three accused a few days after the alleged offence at Manutuke were produced by Detective-Sergeant R. H. Waterson. Case for the Defence

Giving evidence for the defence, Dennis Moeau said that when he saw the complainant after the dance,' she was sobbing and had scratches on her neck. The girl had not wanted to leave the party when her girl-friend did.

Theodore Jones said in evidence that he had been intimate with the complainant with her consent. The same had occurred on previous occasions.

Both Beauchamp and Nepia gave evidence that they had been with the girl on the night of the alleged offence. They did not assault the girl, however. “Fortunately you don’t often hear of happenings like this. The story reveals a pretty despicable performance," said His Honour in his summing-up.

The girl had definitely been manhandled and also her story was not uncorroborated, continued His Honour. He thought it would probably be unsafe to convict Jones of rape, but if the jury believed the complainant’s story they must find Nepia and Beauchamp guilty of attempted rape and Jones guilty of rape. “I expect and hope that you won’t, during your years of jury service, have to hear a case like this one again," concluded His Hoonur.