RESIDENT MAGISTRATE'S COURT. Yesterday. (Before S. E. Shrimski, W. Milne, and J. Craig, Esqrs., J.P.'s.) DRUNKENNESS.

North Otago Times, Volume XXXV, Issue 7273, 22 October 1891, Page 3

RESIDENT MAGISTRATE'S COURT. Yesterday. (Before S. E. Shrimski, W. Milne, and J. Craig, Esqrs., J.P.' s .) DRUNKENNESS.

A. firat offender, who was noisy on appMrtog m the dock, was removed till he got sober, RAPE. Joseph Greenfield was charged with committing a rape on Mrs Vesey Parkes on the 17tn inst. ' Mr Newton appeared for the accused, Mr Shrimski asked if anyone Appeared for the prosecution. Mr Newton said it waa a peculiar case. The proeecutriz had gone to the Magistrate, and steps had been taken without the police being acquainted with them. It waa a most peculiar pase, as their Worships would see when they heard the evidence. Sergeant O'Grady, in reply to the B#och, said he knew nothing of tht cvt.

. V<wy Parkes said oti Saturday morning about dinner-time, Mr Welsh, a , trooper, camo to her houso. lie came to <>>g^o her boy to look after an orchard. L I im Hunch HRkul the prosccutiix to cuu i!!S aT I, 0 ,"" 1 milil) factB -l She then said Mr Welsh eune back about six or flovenniMio evening, and accused cime n tcrva.da and asked «f Mr Welsh was in. OHO s.ud ho was, ui,d that he was asleep on me sofv Accused wasticcomapied by Trooper Clarke and another man. Trooper Chrke came m first, and thon Mr Greenheld said »t was all right ; ho would briny ?Zu*?B\u Btn K r in ' Mr Greenfield ••skud if they had another trooper in the .-her room-hor bedroom. He opened the bedrootw door and looked in. Ho hen said to Clarke that they would bring the Sergeant t». They then went out* and came back with Sergeant Stringer. when she opened tho door Greenfield I ran ngainat her, and she said they must I excuse her, as she had just been washing and was all dirty. [The proseculrix then described in detail the offence alleged to h»»e been committed on her by accused.! lne other men were in the kitchen all tho time Her boy Mattie thon came in, nd she told him to get somebody. The boy went out and sang out for his brother. On go ,ng back to tho kitchen accused said to Welsh, "Rouse up, Welsh : I hero s a brandy and soda for you. " Tho j Sergeant woke Welsh up, and took} him away, Greenfield making a jocular I remark as they departed. To Mr Newton : She got the name of larkes in Waimate, if ho wanted to I know, Parkos paid for it. Honurried( her in an office in Dunedin, but that's all ( she knew, as sho had two great black ' eyes and a swollen face at tho time The man that married them had on erev clothes. She had no marriage lines I ( Lllieprosecutrix here made a few remarks to a spectator who lud laughed.] Parkes 1 name was William P.irkes, and her first ' husband h name was Vesey. Ho married ' her m England. She had no marriage ! lines. She wiled at his (Mr Newton's) ( oihee, but he refused to take the case un ' -gainst a publican, or as much a 3 that. He advised her to go to the police. Tho ( reason why she had not hid an inform*. ' tion till Monday was because she wna not } able, bhe had never made any different } statement to what she was now makine { Ino other men were in the kitchen «11 the ] time. She did not scream because, she was not able to Her ton Mattie told Her the man s name was Greenfield. She would swear aho never sent anyone to the l Junction Hotel for Mr Greenfield, or to * the Star and Garter, Mr Newton's ' clerk was the only person who had cilled * on her, and offered her L 5 not to go into « Court. Prosecutrix went to the Star and Garter to see if Mr Welsh had left a note L about the employment of her boy. She f knew J C. Black, the dog-tax collector! l and had never said anything improper to f him, * 1 To Mr Shrimski : Her second boy came * when the young boy screamed. She did v not send for tho police, because she did l A? k w r °A°' ? he Said " Good »»ght" to Mr Welsh when he left. She shut the " gates after them, and told her boy Tommy to watch where they went, as she wished { to find out where they went. They went into tho Show Ground. I Matthew Joseph Vesey, a Son of the ( prosecutnx, gave evidence as to what * occurred when the troopers came in. \ To Mr Newton : After the men went ] away his mother got washed and dressed. r bne h a d been washing. Immediately l after the men left he went a message to * Mr Atkinson* the grocer. He had gone J o Mr Gree veld's on Monday to find if J he fare had been left to take his brother l oDuntroon. His brother sent him from r he railway station. He was in the I kitchen when Mr Greenfield and tho other v men were there. There was no one else B t\* A* DlOther Bcreai «ed out again ,r, r after Mr Greenfield got hold of her, and l again when she was in the bedroom. Mr Greenfield was sitting on a stool trying to c pull his mother on to his knees. Mr c Clarke was standing by. His mother did a not scream before she went into the bed- r room. His mother called accused a cow- f ard When he went to the Junction 1 Hotel on the Monday he asked for 33,3 3 , c but did not get it. Thomas Vesey Parkes said he heard l his mother calling Mr Greenfield a ( coward. He was not in the houso when , the men came. i nPfuFl NewtoD s H * was feeding Mr J Welsh a horse, when Mr Stiinger came up, and he told him that Welsh was in l his mother's house. Mr Stringer said he { came from the same district, and he would J look after him. c To the prosecutrix: He had sent ] Mattie to the Junction Hotel to see if his * fare to Duntroon had been left there byey c Mr V> elsh. ' i Henry Smith said that on Saturday ( night he and the boy Parkes went to ' Parkes house. Mrs Parkes called Greenfae d a dirty coward. W e l,h and Green- ' held came away, and Greenfield Baid : I J hope you won't hare the same opinion of me next time I meet you To Mr Newton : His house was about I<JO yards away from Parkes'. Pokes' ( house was in Hull street, and his house y WuBW u 8 ln t?« eta Btreet " His houa e would be ] about 140 yards from the Show Ground, S q Wf"! 11 "!? * hh ° U8 ° behind 1 the South School. He and Tommy Parkes ] went to Parkes 1 , and his sister Clara (or ' Jessie Smith) was not present when Mrs ' Parkes called Greenfield a coward. To Mrs Parkfls : She had to call loudly ' in order that he might hear her, pro- ' vided sho was at her place and witness at ' his. ( B. B. Welsh said that on Friday morn- ' ing, on tho Show Ground, a youne lad ( came along, and witness asked if he ' could do anything in the way of minding ' cows. Ho wanted a boy to mind cows! ] etc., at Duntroon, and ho went across to ' the boy s mother's (Mrs Parkes') house, and said he would come back in the ' ofemng and arrange with her about the boy s going to Duntroon. When he went back, he was asked to come in and sit down while Mrs Parkes gave a little cirl who had called some clothes. He must hare fallen asleep, for -ho remembered nothing more till Mr W. Stringer touched him on tho shoulder and asked him to fall in. He then left. To Mrs Parkes: He nerer saw or heard anything wrong in the house To Mr Newton : He had arranged with Mr Stringer to wait for him. If there had been any fiolence in Mrs Parkes' house he would surely have heard it. Ho •nd Mr Stringer, and Mr Clarke went to the theatre that evoning. To Mrs Parkes : He was asleep on the sofa. He promised to send the boy's money to Mrs Parkes. He left the i house with Mr Stringer when he awoke. James Clark said that on Saturday night, about seven o'clock, he was asked by Mr Stringer to go to a house near the \!"> W ground along with Greenfield. When they got to the gate of the Show Ground, Stringer asked them to see if Mr Welsh was in the house, and ask Jim to come out, Witnew and Green- ?« . , went t0 the hoUBe » *»d asked if Welsh was there. The women who opened the door said there was a trooper inside. When she opened the door she stepped back, and said, "Here ho is." J-ney then wont in. Welsh wia lying sleeping on the sofa. They tried to wake him, but he appeared to bo so sleepy th at he did not positively rouse «ua g r ? enfield then went out, and called Stringer, and when thty came

• I back Stringer called Wolah to "atten11 r! on '" an< * Welsh, rising up, went out, > I Greenfield next, witness and Mr Stringer . I following. I To Mia Parkes : Your houso was a 1 1 very dirty house. You tried to mako an *| apology for being bo dirty. He saw 1 1 Greenfield try and rouse up Welsh, and (failing, he went out and called Mr 'lotringor. Greenfield was never away I from witness' sido in the kitchen. The I wholo time they would bo in the house I would not be more that Gvo minutes. j To Mr Newton : He saw no man do I any violonco to tho pronecutrix. They I wore all sober. Mrs Parkes was stutinj I n falsehood when ahe said that Mr I Greenfield laid a hand on her. Mrs I Parkes was not out of the kitchen while I witness and Greenfield were in tho houso. I Mrs Parkes : Can you stand thoro and | swear that you were not left iv the dark I in tho kitchen. I Witness : I can and do. [ Mrs Parkes : Did you not boo Mr I Greenfield touch me. I Witness : No, never. ll™ P L arkes : Oh( y° u liar< (Sonrotion ) I Mr bhnmski: You must use baiter language or I'll have to commit you for I contempt of Court. Mrs Parkes declared that it was a shame to have a poor woman treatod in the way sho was. ,W, W - Stringer said Mr Wolah had »Bked him to wait for him on Saturday I afternoon while ho went a message. A boy was minding Welsh's horse, and when witness was going to remove the saddle a r y » B , au i,r thftb ho wafJ m>"ding the horse for Mr Welsh, who, ho said, was over at us mother's arranging about his (the boy s) going to Duntroon. Witness asked where his mother lived, and then asked Greenfield and Clark to go and get Welsh. Witness waited a fow minutes when Greenfield camo out of the houso, and said : Here's a protty fix : this woman won't let Welsh away." ' Wit ness thon wont in, and called Welsh to attention. Welsh was lying on the sofa, and Mrs Parkes was in the kitchen When he said to Mrs Parkes he had come for Mr Wolah she excused the dirtiness of her house, and said Mr Welsh was quite fla fp. Ho thon moved over to where W< lsh was, and Mrs Parkes was going to prevent witness touching Welsh when Groonfield deterred her by putting his hand quietly on her arm, and both »V e0! alld C " lu ' k bc B an to explain to Mra Parked that witness had Welsh under his charge. He then called attention, and marching in fiingle file they went out through the door, witness being the last to leave. Ho turned round and said "Good night, Missus," and sho said Good night, sir." £o Mrs Parkes : Prom the time Greenheld and Clark went iv to tho houso to the time ho left was not more than h'vo minutes. Wolbh never said that if she had como to them sho might havo got a tenner. What ho did say was that she was trying to get a tenner off somebody. To Mr Newton : Ho saw no one offer any insult to Mrs Parkos. This closed the care for the prosecution. 1 Mr Newton said this was the most improbAblo case that ever came before a Court of Justice. That the accused should have gone to Mrs Parkos' and attempted any offence was most incrediblo. Ho would ask the Bench to not only dismiss the case, but expross tho opinion that tho accused left the Couirb without a ■tain upon his character ; and, further, to instruct the police to prosecute Mrs Parkes for perjury. Was it likely that all three gentlemen— two of whom were married— should design and plan and perpetrate an offence upon a defenceless woman ? Even the accused on one occa sion had protected a wo-nan from an outrage by her husband. Ho was well known, and boro a very high character. Captain Ralph A, Chsffey said that tho camp broke up on Saturday about six o'clock. He transacted business with accused, who wns caterer for the encamp, meat. About half past six Mr GreenI neld »nd Sergeants Clark and Stringer were all perfectly sober, and all were steady respectablo mon. Mr Newton said ho would call Detective OBrien as to the prosecutrix's veracity. At thia Mrs Parkes rose, boiling with indignation. She was not to havo Detective OBrien come into Court, and bring against her what sho did to her husband, when he tried to prevent her earning her living on board the Chile 17 years ago. She would leave the Court, she was not going to stand it. Men had been paid to come and swear against her, and hero Mrs Parkes' voice nso to a skriek, and the remainder of her utterances wero lost as she rushed out of tho Court, slamming tho door with a terrific bang. The Bench asked that the prosecutrix might be retained, but by the time the sergeant reached tho Court gate Mrs Vesey Parkes was half way towards tho Post Office. Mr Newton explained that tho police could not bring back Mrs Parkes by force without a warrant, and he would not call I Detective O'Brien. Mr Newton wished to give an oxplanation of tho interview ho had had with Mrs Parkes. After hearing from Mra Parken the nature of the case he declined to take it up. The Bench said Mr Newton wna too well known, and any apology or explanation from him as to Mrs Parkes 1 interview was not necessary. The evidence of tho prosecutrix and the children was identical with herself and entirely incredible. Jt was not at all probablo that an offence of the kind would be perpetrated upon «i woman in the presence of such respectable men as Sergeants Stringer and Clarke, and tho Bench wero, therefore, agreed that tho accused had not only not committed any offence, but would leave the Court without a stain upon his character. Tho police would beinstructed to chargo the prosecutrix with perjury. The decision was received with applause. 1 The Court then rose.