INDECENT ASSAULT.

Hawke's Bay Herald, Volume XXX, Issue 10016, 14 June 1895, Page 4

INDECENT ASSAULT.

A young man named Donald Davoy appeared before Mr Turnbul), S.M , yesterday afternoon! charged thit he did on the 12th Inst. indeceutly nsaanlt Dalty Oemcke, aged IG. Mr Cresawell appeared (or the accused, and Detective Kirby condncUd tho prosecution. At (be request of Detective Kirby, Mr Uresswtli agreeing, the public were excluded. Daisy Oernckc depoaed : I reside with my parents ati Cllvo, aud will be 16 years of nge on tbe 16th of uext luontli. I was returning from llaetiiiKo by the trait), which arrived nt Farndon at half-past 4 on the 11th of this month, I left the railway station in company with a little girl name Florrio Adams. She accompanied mo to the end of the brldre When I was opposite the rpsidenco'of James Hnmphrleo the aceosed eime onb of the house. He said, " Hallo, Daisy ! " I replied "Hallo!" When he spoke to me Mr Humphries came along the road. He did not Bpeak to me, I asked accused who was with him on NewYear's Eve. He said M'Gregor. I said what ft horrible place Clivo is, I don't remember if ho replied. I went away from him then and went In the direction of my home. Bertie Day overtook me jnst after I left accnsed, and we went along together. Tho accused then camo aloiig. He dW nob epeak, nor did 1 speak Ito bltn. Bertie Day ran Into accused, thinking Id wao his ancle, and accused came over to me. I asked him for a match. He said ha had none, Two girle were coming along the road, and he walked alongside the road away from the girls. I and Bertie Day then cangbt up to the accnsed. There was a cart coming aloDfi the road, and accnsed told me to get era the side of the road. I did 80, Bertie Day accompanying me. The accused then said he wanted to speak to me. I asked him what he wanted. 1 asked him to promise not to take his hands oat of his pockets while I came up to him. He said be wonld not. I was going np to him when he took bis right hand out of his pocket, and I would not go np to him, He caught hold of me by the arm. A second or two before this ho told Bertio Day (o go home, as his Uncle BUI wanted him. I told Bertie not to go home. Bertie went home. Accased then palled me over to the side of the bank and tripped me down. I tell on my right side. (Witness here described the assanlt.) I resisted and screamed as loudly ne I conld for assistance, and succeeded in getting up. The ground was damp soli. I said I wonld go and tell Kennedy. I meant the policeman. He asked mo nod to tell, and be would give me a shilling. I theu went to the police station, Tho accused then left me, bnt came and followed me up near Kelly's house, near the police station, and said "Don't go and tell and I'll give you five shillings tomorrow." I said " I don't want yoar five shillings." Ho replied, "Don't go aid gat a fellow into trouble." I went old toid Constable Kennedy. I gave the accused no encouragement. I first saw accnsed on .New Year's Eve last, and had not spoken to him from that time till the night of the asiuult.

By Mr Cresswell : The offence took place nearer the police fetation than my home.

Bertie Day, Thirya Oemeke (mother of complainant) and Constable Kennedy garo coiroborative evidence. The latter said accused hud borne a good character since going to Clive five months before.

The accused had cothicjg to say, and was committed for trial at the next sit-

tings of the Snprerag Court, bail being allowed in hu own recognisances of £50, and two sureties of £25 each,