Hastings S.M. Court.

Hastings Standard, Issue 417, 4 September 1897, Page 3

Hastings S.M. Court.

Before J. ArnottamlD. M'Leod, J.P's. Friday, September 4th. Catherine M'Callum further deposed :—Was not in the company of Wells and Brandon that night. Brandon is a friend but not a particular one. Never said to him that if I got a chance I would put Delaney up. Did not tell Farmer the same thing. Hay walked a few yards up the Karamu road with me. Did not-part company with Hay until about 9.80. Hayes did not come home with me because he said he had to be at the hotel at a certain time that night. Cannot say how long it takes to walk from the Union Bank to Mr Brathwaite's. Was not able to recognise the other two men who were on the side of the road with Delaney. Accused had a dark suit and black soft felt hat on. Did not call on the other two men for assistance. Brathwaite's house was the nearest. When Delaney and I went towards Hastings I wan not frightened as there were plentv of houses near. It would be about a quarter or half a mile to the Union Bank from where the assault took place. When I left home Mr and Mrs Brathwaite and family were at home. I went for the police straight away instead of going home, as I wanted to show the police the state I was in. After leaving the police station Const-able Smith Look me half way home and the rest of the way I walked alone. Came to Hastings on the following night (Saturday) and went home by myself. On Sunday night was in town but did not go home by myself. Was in town again on Wednesday night. Spoke to Robert Sullivan, who came home with me. Have also spoken to other young men in town, and walked with Percy Stock, but I only sneak to those whom I knew. Never told anyone I was sorrv this case had come on. When Delaney left me he went along Karamu road in front of me. Saw him under the gas lamps. Have never been in Charlton's Hotel or stayed there. Was posting a letter to a girl friend on I riday night. Re-examined: The young men I spoke to in the street were all respectable fellows. I met them at dances. When Delaney tried to put his fist in my mouth he hart me, and I showed it to the constables. When I met Sullivan he said " In giving your evidence you must say you are not sure of the man who assaulted you. See how hard it will be on him, ten years and a good Hogging. The fright in ten years would do him more good than ten years in gaol. He had made one mistake but would never make another like it." I replied that I was going to swear the truth as I knew him. Sullivan said If witness swore against Delaney he (Suilivan) would swear against her on his side. John Hay, sworn, said : I am second cook at the Carlton Hotel, Hastings. Remember the night of the alleged assault on Catherine M'Callum. Met her on that night in front of Hyde's shop in Heretaunga road. She was then in company with two young men. They were standing talking. Accused is not one of Lhem. Spoke to her and asked if she was going home. She replied " Not yet." I said " Will I see you when you are going home." She replied '' Yes.'' I asked where I would see her. She said "On the street." She asked what time and I replied "About a quarter past eight." Left her then with the two young fellows whom I do not know by name but know by sight. Next saw her about half-past eight near O'Reilly's hotel. She was then in company with Jack Delaney, the accused. Then two more young fel uws came up and joined me and Delaney. One I knew as Jack-a-Jack and the other as Charley. Asked her then if she was going home and she said " Yes." She turned round and started to walk up the street, leaving me talking to Jack-a-Jack. Followed her aud came up to her from ten to twenty yards round the bank corner, Karamu road. Asked her if she wanted me to come, aud she replied " If you like." Started to walk home with h**-~ Went as far as the Heretaunga School. It was nX raining theu. Left her about a quarter past nine. Did not notice what sort of a dress she had on. Cross-examined : The two young men came and joined us at O'Rielly's corner when I was talking to Miss M'Callum.

Henry Moore Brathwaite deposed : I reside with my brother in WillowPark road. From the Union Bank to the house would be about threequarters of a mile. On the night of the 27th was staying there and was in the dining-room. Heard somebody cry out about 20 to 2"> minutes past 9. Only heard the cry once. Jumped up and looked at the clock at the time. Could not tell whether it was a male or female voice. Cross-examined: There were four male adults in the dining-room at the time —my brother, two nephews and mjsell.

Frank Brathwaite, son of Mr Robert Bm-thwait-e, sworn, said: Was at home, Willow Park road, on m'ght of 27th August. Heard some screaming in the neighborhood of the house. It was ' • wvi'n L> and half-past 9 o'clock. Was in my bc-droorn when I !v .trd ih:j screaming, which for fosr.R time. Ce'ild not s,;y what tlf;,-c----lion it fame Jm-hi, but. it seemed io bo from the road side ( f the house. Took no notice of the scream. From the house to the corner would be about 120 yards. Cross-examined : Would say it was a female voice that screamed. Was in bed and did not get up or make any inquiries.

John Jones, being sworn, deposed : Am a groom residing witli my brother in Market street. Remember 27th August. Went to tea at half past four with Delanev, and my brother, t-ojSouth-hampton street. There were five of us sat down to tea. Did not notice when Delaney went out. Next saw him in Gorman's billard room, about half-past ? even, whore he was playing billiards. Left him there. Next saw accused at about 11 o'clock where we sleep at the stables. He appeared to be asleep. Accused was arrested at the stables.

Cross-examined : There is one key to the house. If you have not the key you get in by the window. This is the usual practice. Re-examined: I had the key upto nine o'clock and then handed it to Farmer. If Delaney wished to retire early he could get in through the window. William Jones corroborated the evidence of the previous witness, adding that he was certain Delaney was asleep, as when Constable Butler put his hand on him he woke up rubbing his eves. Constable Butler deposed : About 10.15 on Friday evening, August 27, received information from Constable O'Brien that Delaney was wanted. O'Brien and I then went through the hotels and billiard-rooms looking for him. but did not find him. Went to the cottage in Market street where accused was staying about 10.10 p.m., and found the house in darkness. Knocked at the door several times, butgot no reply. Theu knocked at the window of the sleeping-room, and still got no reply. Thought there was somebody in as I heard the bed creaking. About 11 o'clock a man named Michael Lawton came. Asked him if he stopped there and he said " Yes." He knocked at the dcor and cried out, " Are you in Jack ?" also " Are you in Fanner?" but got no reply. The three of us, Constable O'Brien, Lawton, and myself, then waited till 11.20, when John and William Jones and Farmer came along. Fanner unlocked the door, and I followed him in. Saw some one in a "bunk lying covered over, and I asked who it was and John Jones said it was Delaney. Put my hand on his shoulder and said " Delaney." He then sat up, and I told him to get up and dress himself as I wanted him. He did as I asked, and followed me outside. Told him then that he was charged with attempting to commit a rape on a girl. He said, " What, me," and came along to the Police Station. On the way there he asked me what- the girl's name was. Told him I didn't know, but that she was Brathwaite's servant. On reaching the station we found both the knees of accused's trousers wet and muddy. (Exhibit C'.) Felt them and drew Constable O'Brien's attention to it. Delaney said he slipped down and fell on his hands and knees going to tea in getting through the fence. The left sleeve of his coat was also muddy and wet. Accused said he didn't know how he did that. Before reaching the station said to bim "Delaney, this is a very serious offence and you must be careful what you say, as it may be used against you." /s\ _ edhim if the suit produced was what he wore that night and he said " No." Asked him where I could get him another suit of clothes and he told me. I brought them and he changed. Next morning went to Mr Brathwaite's house and got the bodice and skirt produced in the same state as accused's clothes with damp and mud. Miss M'Callum came down to the station with me, and I was present when she identified the accused as the person who assaulted her the previous night. Delaney was placed amongst nine or ten others when she identified him. Accused was then dressed in a light suit of clothes. Miss M'Callum could not be aware of the change of clothes. The distance from where the alleged assault was committed to Mr Brathwaite's house is about 160 yards ; and from where the three men were said to be sitting to the place of the alleged assault is 45 yards.

Constable T. O'Brien detailed that on the night of the 27th August, at 10.5, a young lady accosted him and said " can I speak to you." I replied "certainly." She then said " cn.n anything be done to a man who h:is knocked me down on the road and assaulted me." I replied, " certainly, what is the man's name." She said " Delancy." Asked what was hid christian name to which she replied ■John. Asked what her name was and she said Kate M'Callmn, and that she .vas staying at Mr Brathwaite's. She then told me where the assault had takers place and the nature of it, drawing attention, to her condition. She was very excited, crying, her hair disarranged, her ski it, bodice and hat smeared with mud. Witness then corroborated the evidence of Constable Butler as to the arrest of accused and other matters. The accused reserved his defence.

Delaney was then committed for trial at the next sitting of the Supreme Court to be held in pier, bail being allowed, himself in £2OO and two sureties of £IOO each. The bail was forthcoming.