NOT GUILTY

Gisborne Times, Volume LXXIII, Issue 11877, 23 February 1933, Page 7

NOT GUILTY

FREDERICK HJ G-G S A CQTJITTED

Following ! a,retirement of nn hour, and 40 ..minutes, the jury brought in a verdict of not guilty at the trial of Frederick Higgs, concluded be-' fore His/Honor, ;Alt. Justice Blair, in the Supreme Court yesterday., Higgs had pleaded not guilty to two serious charges," of allegedly assaulting a girl 1 ' at - >.Makataka ■ on Do.cemher 27, with : intent ; to commit rape. hnd‘ of ’allegedly indecently assaultidg the same girl, at the same place and on the same date. The case was part-heard o n Tuesday. Mr. F. .W. Nolan conducted the case for the Crown, and Mr. L. T. Burnard appeared for the accused. When! ft he hearing was, continued yesterday, Mr. P.firnard proceeded with' thHvVrpss-oxamination of 7 complainant; A f the time she left the hall after the dance the bus-was just moving Tpff,. . . She had wished to go home h.v the bus, lmr when she missed it, she accepted”they offer op" James Higgs to- take her home in a car. "When witness got into the hack sent of the ear, accused put his arm round her to hold her, and also attempted to kiss her, but she wouldn’t allow that. Witness admitted that, her to hold her;- hut she wouldn’t in the lower court, she did not mention her fainting during the struggle in the racecourse grounds, nor did she say anything about a second attempt to .frdonere with her clothing. She denied that James Higgs had had relations with her at any tune, though he had taken her home from several dances. She denied similar relations with another man pointed out in the court by Mr. Enmnrd. She recalled "fc occasion when, with another girl, ste was picked up by four men in a car near* A iet-oria Domnin. ltness did not know the men, hut, her friend did. It was teeming with rain at the time and they stayed in the ear only a short time until the downpour ceased.

Mrs. Lilian Taylor pave evidence that she went to the dance at TCaiteratahi with complainant. They went out in a bus and intended to return the same way, hut as they reached the bus the girl stepped hack, saying "Just a minute.” The girl spoke to James Higgs and witness got on to the bus which then moved off, leaving complainant' behind. Witness had seen the .'girl 'crime home from dances with James Higgs once or twice before. Mrs. Frances Martin, a Makarakn resident, stated that about 3 a.m. on December 27 she heard a girl screaming, the screams waking her up. Them was silence for a time, hut when the screams were renewed she telephoned the police'. Witness went to a window and heard a girl call out something like "Oh, help me’ 1 . Then she heard light footsteps on the road as of a girl running, with the sound of heavier footsteps following. Constable. Hefislip, stationed at Mnkaraka stated that lie received the phone message from Mrs. Martin, who said she thought there had been, an accident at the railway crossing. Witness went down the mad a short way and mot a girl running towards Matawhero. He spolcp' to and she fold him she was running-home. When he pointed nut she was running • the '.wrong way, the girl .walked back with km, On his asking her d she had 4eard of an accident near the railway grossing, “he told him that-a man yarned Fred McGhee had mdecentl.v vaulted her. Witness examined her mouth and found it was bleeding. The girl was very excited and nervous so he took her home, a distance of about two miles. Later that day he obtained a signed statement from the girl, after which, with the girl and her father, he proceeded' to -the scene of the alleged assault. Witness could see that a struggle had taken place and in the ditch he found a- powder compact. while, tiie girl picked up rouge. Ab the result of inquiries, he interviewed accused .. who made a statement in which he said he went w.ith the girl through the racecourse gates. They sat downrffionirnuetl. this statement). but the'/girl ' then suddenly jumped-up and ran away, fallingJnto the ditch. Accused nisei; denied .hold-; ing his hand oWr the girks mouth or assaulting her. ; • '- 1 To His Hanor, witness, said there was. no smell, of ;ii#ir pn the girl’s (breath. - i v • .>:

This concluded the case for the Crown. ■James Higgs, brother of accused, was the first witness for the defence. He stated lie had attended three dances with the girl, prior to the one at. Kniteratahi. Amongst the people witness knew the girl was supposed id he; of a loose character

Clarence Gordon. laborer, stated that he had known the girl for about nine months. He had danced, with her often, hut he was unable to say what the girl’s general reputation was. This concluded the evidence.

Addressing the .jury. Air. Bmnnrd stressed the importance of the factor of consent in eases such as this one. When the girl had denied relations with other men. the law did nob entitle the defence to on!! those men to disprove her statements, hence counsel was compelled to. leave this aspect of the matter entirely to the judgment of the jury. Counsel dealt at length with the evidence of the girl and pointed out a number of alleged discrepancies and contradictions in her testimony. Counsel went on to suggest that, the girl’s account °f the alleged happenings in the racecourse was that of an excitable woman, she was then in an hysterical state,and accused was simply attempting to calm her down. This was,supported by the testimony of the other witnesses, while another point counsel claimed, was that the girl had improved, from her statement, the story told in this court as compared with that in the lower court.

His Honor in summing up, pointed out. that both the charges were destroyed if the girl consented to what was done to her. For accused to be guilty on the first charge, it was essential that he had had a. guilty mind. Tn this case, so far as both charges are concerned, it was a curious fact that the dispute was in vnv small compass. The girl and accused left the car together and even the accused did not dispute that they went into the racecourse. Accused’s statement implied that he had made an attempt against the girl, his explanation being that his brother told him-she was that --or* of girl. If the girl had consented, then accused was mot guilty, hut if the attempt was against her wit, if ,t exceeded ordinary persuasive measures, then lie was guilty. The girl'walked peacefully into the grounds, they sat down together for ;i while and then the girl suddenly ran away. Apparently something or other occurred, while they were sitting down together, which caused that flight. There , was corroboration of the girl’s story in the fact that a neighbour was awakened by screams and induced to telephone the police. Apparently the girl, too, ran a distance of some GOfiyds and was in an hysterical state when she met the constable. The Crown contended that the girl made this long fun. through terror.

Dealing with the reference hv counsel for the defence to the fact that evidence could not he called to prove the girl’s relations with other men, His Honor pointed out that the girl herself was not on trial and her chastity had nothing whatever to do with the matter. Tf the law permitted such evidence, it was obvious that, in cases where, a girl had to testify 7 in an action, a lot of hlaekcruards could he brought alone to thoroughly blacken her character. The material question in the case was 'whether or not there was consent rn the girl’s part. , The jury retired at 3.40 n.m. and returned at 5.25 with a verdict of not guilty 7 ' on either count. The accused was discharged.