SUPREME COURT.

Hawke's Bay Tribune, Volume III, Issue 75, 12 March 1913, Page 2

SUPREME COURT.

NAPIER. C RIMINAL SESSION. (Before His Honor the Chief Justice. Sir Robert Stout). YESTERDAY. ASSAULT AVITH INTENT. Charles Kingston was called upon to answer to a charge of assault upon a woman at Otane with intent to commit rape. Accused was defended by Mr. B. J. Dolan, Mr. Cornford appearing for the Crown. The following jury was empanelled: —Messrs. P. H. Kelly, D. Crowley, jun., H. J. Lawrence, R. Crerar, A* Oliver, F. Simmonds, P. K. S. Pasley, A Burr. Thomas A. Southgate, T. James, P. Downey and H. T. Amves. Mr. Kelly was chosen foreman.

After luncheon the examination of the witness Rowe was continued by Mr. Dolan as to the incidents of the night of December 26. George Morley, butcher, said he had seen Miss AVatson on the street about 9 o’clock p.m. and had spoken to her, and passed the. compliments of the season to her. Later on, after speaking to some men in a motor cai, he heard a squeal and after running in the direction of the sound they found Miss Watson hanging over Mr. Rowe’s gate. Charles a blacksmith of Otlne, said in the course cf his evidence, that he with some othei men, had been discussing the assault when the accused came in. Witness asked the accused where he was when the assault took place, and the reply was that he was at the railway station talking to Mr. McSherry, having been to the station to use the convenience, but Mr. McSherry did,not recognise the accused as having been in conversation with him. Later on when the complainant was confronted with the accused she identified him as her assailant. Ernest Phillips said he was engaged at a lively stable at Otane, and timn nEnnt n o’clock he was to.d that (cmrfla nant hi I been is united and 1 lei hi ink hei home to Mr. I angrnige s house m his motoi ear. About i InigUt he lid finished his work with the car and returned to tie tible licit t’e aciused was \ lib si iic cthu men After II e c thei s had yr no he had s me conversation with the accused; who said tint at the time oi the issault he «-a« at the railway station convenient ami h I Ie n ta kng to the sttionmitn Tit tatu mnaslei, on b nig lonlHiitt I t ith the accused, denied hat in-, spe k n to him or havim e i Inn uj tn hi stati n about ) lot)

Doni A kSlicti st it muistci at () tut s ic 11 at he did not s c the tc u el between 8 and 10 pm on 11 < night in question ind had in conversation with him whatever. A. S. Trower, clerk at Otane station. said that Mr. McSherry was in the office between the. hours of 8 and 10 p.m. on the night of December 26. and he attended to all trains. Constable Wilton gave evidence of the arrest of accused. Since the arrest the moustache of the accused' had grown considerably. All that aieused snid when arrested was •light.” He (witness) took that as a simple acceptance of arrest. ThK- concluded the case for Hie Crown, and Mr. Dolan then adddressed the jury and put the defendant in the box.

The accused said his name was Charles Kingston. On tlie night of December 26 he was in Otane, and while in the street he saw compla'.--ant talking to Mr. Morley ano afterwards to Rowe. He then went to the convenience at the hotel, but it was engaged, and he then went to the railway station. He saw some ('lie in the door of the office, whom he took to be Mr. McSherry. He said ‘“good night,”' but ..received no answer. On returning ep ,tlic stieet he met Rowe and others, who informed Him of tlie assault. They went to Clifford's whare and had supper, alter which Clifford and Rowe had a quarrel. Rowe went home and he (witness). Clifford and Phillips went out on the road and talked about the assault. Clifford said that f.“ m ■‘what complainant said about_t he man he looked like you, Charlie. Witness replied.' “Aon don t take nje for a mongrel like that, and pointed out that lie was at the ra L way station at the lime and bad spoken to someone whom he thought was Mr. McSherry. The latter, how - ever, denied that he had seen wit ness. They then went to Robottom s place, where the voting lady lived. She said, on seeing him, “that s the man. I think, but I thought he was clean shaven.” He (witness) replied. “You are making a great mistake.’ Next day he went back to his work at Patangata and was ariested the same afternoon.

No other evidence was called and Mr. Dolan then addressed the jury. • The Judge’s summing up was stronglv against the prisoner and the jury retired al 4.45. The jury returned nt 5.30 p.m. with a verdict of guilty on the first count. The prisoner was rtmanafil for sentenet 1 until Friday morning. The Court will continue its sittings at 9.45 a.m. to-day.