DISTRICT COURT.

Hawera & Normanby Star, Volume XLII, Issue 7380, 5 February 1902, Page 2

DISTRICT COURT.

Tubsday, Febbuauy 4. (Before His Honor Acting-Judge Kenny.) ALLEGED INDECENT ASSAULT. After we went to press yesterday, the case against William Holmes was continued, evidence being given by the little girl's sister and another child. The dafence called no evidence. Counsel for the defence addressed the jury. He pointed out that the whole caso hung on the evidence of one witness —the little girl— and asked the jury to seriously consider whether, in a case in which the question of the liberty of a man entered, that evidence was sufficient. His Honor, in summing up, quoted Sir Fitzjames Stephens and other authorities on the value of the evidence of children. He reviewed the testimony given by two of the childish witnesses in the present case, and said it appeared to him to be corroborative of time and place. It was for the jury to say whether they believed the evidence of the principal witness, and were satisfied on the point of identification. The jury retired at 3.15, and shortly before 6 o'clock the foreman asked if the verdict must be unanimous. His Honor answered in the affirmative, and the jury were then locked up till 7.30, when, having failed to agree, they were discharged. ANOTHER CASE. George Percy Hawkins was charged on an indictment for indecent assault on a little girl, aged seven and a half years, on the 16th December, 1901. Accused pleaded not guilty. Mr Barton for the Crown ; Mr Welßh for accused. The following jury was empannelled : F. L. K. Hill, B. Evans, H. Sinclair, G-. Cockerton, A. A. Fanthain junr., J. S. Mcßobbie, J. G. Eowe, Jno. Gilmour, H. Taylor, J. V. Riddle, E. Blackburn, and W. Barrett. Mr Fantham was chosen as foreman. Mr Barton outlined the case for the prosecution. Evidence was given by the little girl against whom the offence was alleged to have been committed, the mother and brother of the child, Detective Bishop, and Sergt. Bernard. There was no evidence called for the defence. Mr Barton waived his right to address the jury. Mr Welsh, in bis address on behalf of the accused, referred to the trying nature and the difficulties of cases of the description of the one under notice. He asked the jury to discard feelings of sympathy, and consider bare facts only. He held that the story of the prosecution was weak and uncorroborated, except that the child alleged to have been assaulted had gone and told her mother. His Honor summed up. He referred to the opinions of three eminent authorities on the value of the evidence of children, and pointed out the duty the jury owed not only to the child who was alleged to have been assaulted, but also to the accused. The question of identity had, in his opinion, been definitely settled by the statement made in writing to Detective Bishop by the accused. The jury retired at 8.40, and shortly afterwards returned to ask His Honor to explain what constituted an indecent assault. His Honor gave the necessary explanation. At 9.35, the Judge sent for the jury, and said the questions put to him through the foreman had given him an idea which had not occurred to himself or counsel before, and that was that if the jury were not satisfied that there had been an indecent assault they could bring in a verdict of common assault. The jury again retired, and in five minutes returned with a verdict of common assault. Mr Welsh spoke in mitigation of sentence. He referred to the youth of the accused and the respectability of Mb parents. His Honor said the jury had taken a merciful view of the case. He did not propose to inflict a sentence of imprisonment, although the penalty for an offence of this kind was a year's imprisonment with bard labour. However, he would inflict a substantial fine, which would cover the costs of proceedings. A fine of £20 would be inflicted; in default six months' imprisonment. Wednesday, February 6. alleged indecent assault. William Holmes, in whose case a jury disagreed yesterday, was again indicted on a charge. of indecently assaulting a little girl. Accused pleaded not guilty. Mr Barton for the Crown ; Mr Welsh for the defence. The following jury was empannelled : — W. B. McLean, H. G. Gibson, J. Higham, W. Jackson, J. W. Kicby, F. L. K. Hill, G. Cockerton, W. Bernie, P. McAlister, W. Barrett, H. Sinclair, and A. A. Fantham, jun. Mr Fantham was elected foreman. The evidence was similar to that given yesterday. The jury retired at one o'clock. BOWEL COMPLAINT IN CHILDBEN. Durirg the summer months children are subjeot to disorder of the bowels, and should receive the most careful attention. As soon as any looseness of the bowels is noticed, Chamberlain's Colic, Cholera and Diarrhoea Bemedy should be given. When children are teething they have more or less diarrhoea whioh can be controlled by giving Chamberlain's Cholio, Cholera and Diarrhoea Bemedy. Fnll directions with eaoh bottle. For sale at Hawera General Store. — Advt. Mr Spence, of the Economic, will com mence his half-yearly sale on Thursday 18th inßt, continuing it for om month His London buyer advises a large shipment on the way, to make room for which some wonderful bargains twill be offered for sale. — Advt. *A gigantio sale of men's and boys' cloth] ing now raging at the Economic The firm's half-yearly distribution is a popular one, and they are going to eolipse their previous efforts if possible. — Advt. IMPATIENT PATIENTS. The most impatient person is the one suffering from Dyspepsia. He is irritable, nervous, and despondent— an object of pity and aversion to those abou^ him. Don't be a tiresome, irritable dyspeptic, and there is no real reason why you should be. Nature has provided a certain and sure remedy in Impey's May Apple. It is an absolutely safe, as well as the pleasantest, remedy for Dyspepsia, Biliousness, Flatulenoy, Indigestion, and kindred oomplaints. Impey's May Apple, whilst cleansing the system, acts aB a tonio on liver, kidneys, and bowels ; it strengthens those organs instead of weakening their action, and the good it does is permanent. Sold by all chemists' and storekeepers at 2b ' 6d per bottle.