THE COURTS.

Mount Ida Chronicle, Volume XI, Issue 609, 4 June 1881, Page 3

THE COURTS.

JTASEBYJ—ResidentMaoistate's Court. | MA.t:2& ' * i ' (Before- ET.' "VV. Bobvnspn, Ef(j., It.M'., and '■ L.W.Bnscli, Esq. J.P.) " The Court resumed at 10a.m. John Farmer,- miner at Naseby, sworn, said : Janet Watson lives with me, on and off, for the last' nine or ten years. She last came to live with me ahout four, years ajjo, when she lived with me ever since. I remember the 'anniversary of the Queen's Birthday, the.. 24th May, and was in the township the day previous.. Janet Watson came into town to fetch me home to tea. I went home with her, and had some tea. Bei twuen seven and eight o'clock I came into > town after ipa in the evening. Janet Watson followed me down about two hours afterward. I went home between one a«d ; two o'clock in the mi rning. She was at home when I returned. She was sitting on the form, crying, when I went in. I asked her what was the matter, and she got up and told me.' She told me three men bad been there, and pulling hsr about. She made a complaint*that one of them had done more than pulling her'about. She told me one of them who she descriried.-'had committed.a rape

-upon her. Within five minutes after my return /horns and after she had made the •i complaint to me the prisoner came to my door and spoke to me. He said to me, " -w hat's up with you, Jack?" and I a«ked him what brought him there. He told me that he just came up to have a lark with the -old woman, and I said, " I don't want: to have any of yoirr larks here." While 1 was speaking to him two more men came up. While the prisoner was at the door Janet Watson said to me, "This is the man, Jack," pointing to the prisoner, "which committed the rape upon me." I told, the man to clear away, or else I would give him • in charge He asked what I would do that for "You'll see what I am going to give .you in charge for," I replied. The other men came up while I was talking to the prisoner, and I ordered the three, of them away. I saw no more of them while I was talking to the prisoner; two men could not have been six feet away. They then went away. Cross-examined by Mr Bowlatt: Janet Watson has been several times away from me. • I cannot say how often. She has. not Joe&a. a dozen time 3 away. She has been -sent down to gaol three separate times. She has been committed to this gaol once or

'twice for being drunk. She has never left me, as far as I know, to Live with other ineh. She was Living with Harry Jenkins once while 1., was down-country. When': I went home tp, tea, I had a little beer, but I knew what.l was doing. I first called at Binder's, but I had nothing to drink there. I gave Janet Watson 2s while I was there. She told me she wanted some candles. I stayed there over two hours! I went from there to Webber's, and had half-a pint of beer. I gave her either one or two shillings there, to get a glass of beer with. I was about. half drunk.' Mrs Watson did not luck up a row with meat Langmaak's shop that night. Mrs Watson appeared sober when she came into Webber's: I did not have a drink at Pinder's all the night. I had some beer at King's. I had a. second half-piDt at Webber's. I then walked up arid down the street till I went home. It was past one'o'clock when I left Webber's. -I got home just before two. I was still about half drunk when I got home. I met with an accident earlier in the night. Mrs Watson sleeps in the coal-house occasionally-. I saw ho beer in the house when L got home. "The house was much the same as usual. There were two children in the house when I

came home. The eldest appeared to. be 'asleep. I cannot recollect calling out to Mrs Watson that morning when I approached the house. I sometimes call her '.'Jess." .While 1 was talking to the prisoner, at the door of the hut, the other men must have heard what I said. The other men .where George- JBevan, and Abraham. . 1/think his other name is. Dilworth, or something • like it.. :..:... ■■'";■

This was the case for the prosecution.: : - Their Worships asked if Mr Howlatt intended to bring any evidence forward. Mr Rowlatt said he would first ask.if their Worships considered a prima facie case had teen made out? He pointed out the marked differences between the evidence of some of the witnesses, and drew attention to the fact that Janet Watson was admittedly a woman of bad character, and he also pointed out that in her evidence she referred to what had occurred as a "trifling affair." Had she been left to herself she would never have commenced proceedings. He submitted that there was no case, and 1 asked their Worships to dismiss it. Their Worships after mature deliberation, said the evidence, especially in regard to time, was so contradictory, and several of the witnesses were so completely untrustworthy, that they would dismiss the' case, and discharged the prisoner. Inspector Hickson said that as the main case had fallen through there would be no purpose served in going on with the charges against Bevan and Dilworth for aiding and abetting. George Bevan • and Abraham Dilworth were then called and discharged; The Court adjourned till 2 p.m., when the case of rape against Abraham Dilworth would-be gone on with.

'KAPE ON MARY ANN SMI ,H. The Court resumed at 2 p.m. : Abraham Dilworth was charged by Sergeant Carlyou with having committed the ■above offence on May 24. Mary Ann Smith, called, sworn, said: I am between sixty and sixty-seven.-, I am \& a widow. I live near Naseby, on the -east -side of the main Gully. I live alone. I work my land for my 'own bread. 1 remember the 24th inst., ..About 4 o'clock in the morning there came a knock at the tcp of 'the house. I said, "Js that .you Mrs Smith?" There was an answer,'" Yes." I 'opened the door. The prisoner rushed in. i said, "What's your business ?" He had a large coat on, and a fur cap' He used very violence to me. " [The evidence here is unfit to publish. Witnesllalleged that prisoner used her violently and cruelly, though she asked for mercy. He subsequently weDt away.] . Next morning I went to the but of' a gentleman -who lives near me. He. is named Mr Ross. I asked him if he heard me scream. He said he did not. I said they had cruelly treated me. I said he was a blackguard—not a man. I picked up a paper (produced), and also a piese of card (produced). These produced are the ones. I also picked up a button. When prisoner first came I got. hold of his coat and the button fell.. The button was a black button. 1 would know the button if' I saw it. I think it is a black bone button.- The'buttton produced is the one. ■ There might be another like it. 1 got the button inside my house on the floor near the door. L picked up the papers by the side of the bed. : I picked up the things on Tuesday morning about 7 o'clock, when I was dressing. Mrs Smith sent ber little girl to see how I was, and 1 went over to her house, and she made me a cup of tea, and came over to my house and made my bed. The papers and buttons were not on the floor when I went to bed. 'There was not a soul in the house from Sunday when Mrs Smith was there. Cross-examined by Mr Rowlatt: I do nothing but work my land for a living. I did not keep a shop near Mrs Ronner. 1 used to sell, in my house, tilings that I grew in my garden. 1 sold lollies in my house near Mrs Ronner's 1 never sold lemonade -orgingerbeerin my life My husband used to make and sell this, I have brought beer

=.t<wmy-.house.when 1 -wanted .it.. When I "was living in the house hear Mrs Bonner's I never had men come to visit me, and if I Ylid the house is my own I had never any Chinamen come.to visit me there. I have been Very wrongly blamed for it. 1 don't know a j Chinaman named Ah Yon. I have never seen him, to my knowledge. Mrs "Watson, I I am sorry to say, has been in too o f ten T i will not tell a story. Mrs Margaret Smith used to visit.my. house. She comes if she thinks Tam ill. She lives with a man named Alexander Smith I know her as a clean industrious woni-m Mrs Smith has three children by a man horned Garth. The prisoner was smelling of drink when he came into my house. That was how I knew he was not a constable. There were move of them outside, throwing stones on the house, but I did hot see them. I looked at the clock when I heard, the knock. I thought it was Mrs Smith, coming abdut her child, who was i'l. It was exactly 4 o'clock; to the best of my knowledge. He fastened the door when lie came in. I did not ask him for anything. I was not going to ask him for anything. He pulled the hair off my head. 1 asked him five or six times for mercy. Prisoner did not give me any money. I screamed out "murder" when he misused me When I was in Tasmania bushrangers came to my house and never hurt a hair of my head. 1 screamed at first when I had strength, but not afterwards. I cannot say from what put of his coat I tore the button off I tore his vest, when he did the door up and found he was not a constable. He blew the light out. I could not say that I pulled the button off. Donald Ross, miner, TSTaseby, sworn, said • I know Mrs Smith. She live# about 100 yards from my house. There is no other house nearer hers than mine. James Hore, lives about 150 yards from her house. Mrs Smith called upon me about 8 o'clock. She was a little excited. She told me that a man came into her place. She told me he said good night. She ,said,' "Would you call this good night—it's 4 o'clock in the morning." She said that he caught her and put her down. /She said that she tqld him he had better kill her at once. She showed me a bit of paper then, and a black button. , 1 took the paper in my hand. It was like a receipt or account. I did not read any part of it. I don't think I would know it again The paper produced is pretty like it, but 1 don't swear to it. The button produced' is very like the one she showed me. Cross-examined •by Mr Bowlatt: Mrs Smith was just outside my hut when I had the conversation with her. I can see the top of Mrs Smith's hut from mine. I did not hear any noise that night or morning. I was in my hut all night. I went to bed about 10 o'clock. I often saw Mrs Smith before that morning. I do believe she was sober. When she went away I think she went back to her own house.

By the Bench : Sometimes I think men visited her'hut. I have seen men go to her hut in the daytime. I could not say as regards the night. I have heard about her character. It is not generally considered good. She has the reputation of being a bad woman. When she came to me in the morning she asked me if I had heard any noise. I said, "No." She said nothing about screaming. The Court here adjourned till 10 o'clock on Monday morning.

MAT 30TH. The Court resumed at 10 a.m. Margaret Smith, living near Kaseby, sworn, said : I know Mrs Mary Ann Smith. I live about 500 yards away. I visit her occasionally. Remember anniversary of Queen's Birthday, May 24th. One of my children was sick on that day. I saw Mrs Smith, at my house about 9 o'clock on Tuesday morning. She was in an exhausted state She explained to me that a man came into her house and pulled her about and took liberties with her. She showed me two papers and one button. One of the papeis was an account. The other had a little picture on it, representing three children. The button' was like a black. bone button' - ' I had the whole'three in my hand. I can read writing. I should know the papers again.. The two papers produced are those I saw, -and the button produced is like that I saw. I saw Mrs Smith hand "the two papers to Sergeant Carlyon. I did not see her give the button. I went to Mrs Smith's house • about 1 o'clock. Mrs Smith showed me some clothes.

Cross-examined by Mr Rowlatt: I have no acquintahce-with Mrs Smith. I do not know whether she is a desirable woman for an acquaintance. I remember when she was living in the house next Mrs Ronner's while Mr 4 Smith lived in it. I have seen plenty of women..there (some of whom witness named.), I have seen Mrs. Watson about the gate, but I was never in while she was there. I never saiv any men in there. I never saw any men going in or coming out of there, except old Smith. ]> pass the house often. It is on my road to the township. Have never heard that Mrs Smith was a bad character. Have, heard what the present charge is. Never heard of Mrs Smith bringing a similar charge to this against anyone. I know a man named Noble by seeing him. I think he has left here. There was prinbed matter on the back of the paper, with the illustration on it. Bythe Bench : Mrs Smith has, I think, been twice washing for me when I was ill in confinement. She attended me' only once as a midwife.

Re-examined by -Mr Rowlatt: Mrs Smith was present at three confinements, but-twice she only washed and helped in the house. She first came seven years ago I do not know whether I spoke to her then or not. Four years ago she acted as midwife forjne; but I don't know whether I spoke to her then or not. She was with me more than one day, but I cannot say how many. She acted as nurse to me. I suppose I must have spoken to her at that time. By the Bench : When-Mrs Smith came to me she described what had been done to her. It was the offence with which prisoner it charged. She described the man, but I did not understand whom she meant.

Robert Sheppard Franks Inder, sworn; said: Am storekeeper to Inder and Guffie at Mount Burster. The bill produced is in my handwriting. I gave it to the prisoner on the 18th of May instant. •William Hairvey, bootmaker, Naseby, ■sworn, said: The prisoner used to live in the same house with me. He left me about three weeks ago. 1 remember : the anniver-sary-of the Queen's Birthday. -He came to my house on the morning of that day. To the best of my belief it was between two and three o'clock. He struck a light when he came in. He had working clothes on. He had not an overcoat on. He went out again about 15 minutes after. I saw him again that morning about 4or 5 o'clock. "He had an overcoat on then. The coat.t produced is like the one he wears. Sergeant Carlyon called at my house that day'. He asked for -a coat, and I pointed out a coat toj him. The police took a coat away. The coat produced is like the one he had on when I let him in the second time.

Cross-examined by Mr Rowlatt: The trousers produced are like those he had on when he came in on both occasions. When ■he' came in the second time he came into the bed with me, as his own bed was away. I went to slaep again when he came back the second time. I rose at 7.30, leaving him in bed asleep. By the Bench: He was the worse of liquor when he came in both times. The Court by request of Inspector Hickson adjourned for quarter of an hour, and then again adjourned till 2'p.m. The Court resumed at 2 o'olocki

Percy FrederielrCarlyon, sergeant of police, stationed at Naseliy, said : In conseouence of information received I went into the hon?e of Mary Ann Smith on the evening of the 24th inst I found her at home. The gate of her garden was padlocked, and the house was locked. She was inside the hnusf. I entered the house and Mary Ann Smith made a complaint to me. This was about s'x o'clock.

Mr Rowlatt objected to the evidence goins further, as the time at which the complaint was made was too long after the time at which the alleged crime was committed. Mr be allowed to state of what nature the offence was—rape, assault, or what, and he g.ivp reasons and authorities.

Their Worships determined not to allow this to be stated by the witness.

Continued: She showed me some linen in a pot of water soaking. It was cold, hut standing near the five. She then gave me a button, the one I produced in Court. She then accomranied me to Mrs Margaret Smith's house, and there handed me the bill and the picture-paper. I proceeded to the house of a man named William Farvev, and I obtained the over-coat produced. 1 compared the button produced with those on the coat, and they are like one another. I noticed one was missing on the right breast and where the button was missing from were loner worn threads, and except the thread just pulled out it is in the state in which I found it. I took the cat straight to my office. On examining the pockets I found theright hand sleeve band in the pocket. I examined the sleeves, and found the band gone from the right sleeve, and one "button gone There is the mark of a buton having been there, but no threads. I mean I that the threads w r ere lone and worn. I I found in the left outside pocket the bill proj duced. I also found a hankerchief, knife, ; and nrtch-box. I measured the distance from Mrs Smith's to Ross's house, and I found it to be ahout 90 yards. I examined Mrs Smith's house. I found it situated in a nook, about 50 feet above the level of her two neighbors. The walls of. the house are of sod, and the door and the window face in a.direction opposite to Ross's house.- The next nearest house is a' little farther off, up' the gully. The linen she showed me in the pot appeared to be recently washed. ■■;.., Cross-examined by Mr Bowlatt: I took charge of : this district on the 7th instant. During the time I have been here I have heard Mrs Smith described as the lollywoman—a bad character. I was told that she was a drunkard and when she was in drink she took in men. I do not know, of 'my own knowledge, that she sent for me. I went to her house, but she would not admit us for some time. I saw her through the window, sitting on a stool. Constable Nolan placed bis face close to the window, and phe recognised him.. I arrested the prisoner. I searched him, in company with the gaoler, but did not examine his person. I saw him examined to-day by Dr Whitton. He was confined in the lock-up cell, with another prisoner, Darned Gollans. Thomas Bain Whitton, M. D., sworn said that he had examined Mrs Smith, and gave evidence of that examination. He had also examined prisoner. ■■ ; -. This was the case for the prosecution. Mr Bowlatt drew their "Worships' attention to the conflict of Mrs Smith's evidence with medical evidence, and to contradictions. He also referred to the fact that she had never, sent for> the police. The whole day had elapsed when they came, and then it was some time before she would let them in. He asked their Worships to discharge the accused. Their Worships saw that in the present stage'they coDsidered.it impossible to disdismiss the. case. If Mr" Bowlatt had evidence they -would ask him to adduce it. Mr Bowlatt asked for a remand till Friday, as some of the evidence had "only just reached him, and .he. could not go on with the defence at once; The, remand was granted till 10 a.m. on Friday, 3rd June, r ' \ , . r', 'rr~r —. ♦ \ ' ' JUNE 3.

The charge against Abraham Dilworth was again before,the Court, by,, adjournment from the 30th ult. ;i The,adjournment, was made for the purpose of enabling the defence' to produce evidence.

David Cairns hite, miner, Naseby, sworn, said.': Know Mrs Smith, commonly called the lolly-woman. I could see her late residence, next Mrs Ronne.r's, from my house, which :is about 300 yard's away. Have seen both Chinamen, and Europeans, and women going in there. Mrs Watson went in often, and Mrs Margaret Smith I have seen going in several times. Mrs Watson bears a bad character, but have not heard so much albnut Mrs Margaret Smith. Mrs Mary Ann Smith used to be a great drunkard, and ; men went to her house for immoral purposes, as was commonly reported. She has been in her present house about two months

Cross-examined by Inspector Hickson : Have seen these parties going to Mrs Smith's house when I ha.ve been at home in dry weather, which occurred frequently. Door of my house faces in direction of Mrs Smith's house'. Have lived j™ my present residence about four years.

Charles King, a Chinaman, was sworn bv blowing out a match. He deposed : My name is Ham Ken, but I am commonly known as Charlie King. : Work at fencing at Blackstone Hill. ■-Used ! to live at Naseby twelve months ago.' Know the lolly-women. Went to her home about twevle months ago, to get a pair of blankets washed. Only, stayed a few minutes. Never saw any of my countrymen going there. Ah You, a Chinaman, was called, but did not appear.

Robert Gollans, • miner, Naseby, sworn, said,:',~ Was with accused in the Ancient Briton Hotel on-the evening of the 23rd May, till 12 o'clock. -We afterwards went to Lee Tan's, and remained there about two* hours. Then went to Farmer's; then.to Harvey's, where the prisoner stops;' then to Law's; then back into the street, where we stood, yarning, for a while; then to the corner, near the Comity Offices, at which time I suggested that we should go home. Pri sbi.er said, "Ohnojlet's go tothe old lollywoman's; I've been.there before.' -He led, I followed. We. jumped over the sod fence near the house—prisoner first. The house might be fifty yards from the fence. I might have been ten or fifteen yards behind when he got to the door. Heard the door opened. When I reached it it was shut. Knocked at door, but got no answer, and stood and listened. Could hear prisoner and lolly-woman talking inside. Understood her to be asking if be had 10s. A.m certain she was asking for money. Prisoner said he had (only eighteen pence. Could hear something jehinking, like money. ' Were both singing ■out. pretty loud. Prisoner said he would give her what more money see wanted some other time. I then went away. Cross-examined by Mr Hickson : Was at work yesterday and on 23rd May on Cemetery Hill.' -When prisoner got to the door, before it was opened I think I heard a knock. Heard no voice respond. Did not hear prisoner say " Yes." I knew the woman's voice. , . \ . At this stage an adjournment wa§ granted, till Saturday, at 11 aim.-, to enable Mr Rowlatt to secure the attendance of Ah You.