RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume II, Issue 33, 9 February 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before J. Poynter, Esq., R.M.] This Day. CHANGE OP INDECENT ASSAULT. Richard Smith was complained against by George Palmer, gardener, for assaulting his daughter, Emily, on the sth instant. The assault was denied, and Mr. H. Pitt appeared for the defence. Emily Palmer, a very intelligent girl, 11 years of age, having been questioned as to the nature of an oath, was placed in the dock and sworn. She gave the following evidence, in a very clear and unhesitating manner : — I saw the prisoner on Hardy-street bridge, January 15. He said he would not let me go home unless I let him lift up my clothes. I had to go

round past Mr. Lockhart's to get away from him. I saw him again on Tuesday last, on Church Hill, about half-past 11. He then said he -wanted to lift up my clothes and look at my body. He took hold of my shoulders, pulled me back, aud nearly threw me on the ground. I got away from him, and came home. To Mr. Pitt : lam quite certain it is the same person. I know his face. The man I saw had a moustache then. I told my parents when he spoke to me on the 15th January. He pulled me backwards as I was sitting down. I did not see him, for the bushes, till be came up. He then said, "Hallo." Before he threw me he said something else. Ho did not try to hold me when I told him I wanted to go. He iet me go then. He had a moustache when I saw him the first time, a smaller one than he has now. I saw him yesterday, by Mrs. Greenwood's fence. George Nay lor : The little girl who has j ust given her evidence is my niece. I was at the house when she came running home, and saying that a man had assaulted her. -She said he had been very rude to her, and she had been obliged to run home another way to avoid him. She pointed out the prisoner to me shortly after. She easily recognised him a hundred yards off. I immediately gave information (o the police. To Mr. Pitt : She gave a description of the man before I saw him, mentioning his hat and clothes. It was a dark 1 hat, that now produced. Mr. Pitt said he would call some witnesses. Robert Carter said: I know the prisoner. He has lodged with me about three months. I don't remember what time he weut out on Tuesday last. Pe was in at dinner. We dine from half-past 12 to 1. I am certain he was not in the house all the morning. It would take five minutes to walk from my house to Church Hill. He has been out of employment for some weeks. Robert Scott : I know the prisoner. I am a baker. I have known him two or three months. I saw him on Tuesday night last, but not in the morning. lam always away iu the morning. Mr. Pitt submitted that there was great doubt of the correctness of the statement of the little girl. No doubt the prisoner was ou the Church Hill and spoke to the girl, but he denied having used any improper expressions. There was not sufficient evidence to justify a conviction for an indecent assault. His Worship said: The girl has given her evidence in a very clear aud sraightforward manner. Mr. Pitt has tried to shake her testimony, and has called witnesses, but he has failed to show that the assault was com mitted by a different person, or that the prisoner was in other places at the time of the assault. Under the circumstances, I can come to no other conclusion than that he was the man who did it. It was lucky for him he did not proceed further. I shall be obJiged to treat this charge as a common assault. Had he gone to greater lengths, I should have sent him for trial at the Supreme Court. I shall now sentence him to two ■ months' imprisonment with hard labor. Prisoner : I solemnly declare that I never touched the girl or spoke au improper word to her. The Magistrate : You talk as many prisoners do, who make false statements. I do not believe you. It was stated by the police in Court that other and grosser charges could be preferred against the prisoner, but it was difficult to get persons to come forward and give their evidence. CATTLE TRESPASS ACT. Constable Peter Levy informed against the following persons for a breach of this Act. They were fined, with costs, in the sume added to their respective names. — W. Hargreaves, two cows, 205.; Hooper and Dodson, one horse, 10s.; W. Turner, four horses, 405.; Charles Turner, two horses, 205.; George Tarr, one horse, 10s.; John Carter, one horse, 10s.; John Armstrong, ono cow, 10s.; John Poynter, R.M., two horses, 205.; W. Osman, one horse, 10s.; Mrs. Newcombe, two horses, 205.; W. Lightfoot, one horse, 10s.; Jas. Patching, one hoi-Ee, 10s. The annual meeting of the members of the Nelson Institute was held last evening; H. Adams, Esq., President, in the chair. The Secretary read the report and balance sheet, which were adopted by. the subscribers present. There being no other candidates for the office of Committee, the chairman declared the old Committee duly elected.