SUPREME COURT.—Tuesday.

New Zealand Herald, Volume III, Issue 645, 6 December 1865, Page 5

SUPREME COURT.—Tuesday.

CRIMINAL SESSIONS. -(Beforo His Honor Sir G-. Arney, Chiof Justice.) Ilia Honor took his seat upon the Bench at 10 o'clock. BAI'E. Alexander Lynch and Thomas Si/mou.i, were indieted for tho commission of a rape upon the person of Mary Stowart, described as a widow and-a servant. Mr. YVeston appeared ns counsel for the piosocutrix. Mr. Wynn defonded tho prisoner Symons. The prisoiior Lynch defended himself. The groat mass of Iho ovidrnco in this particular caso aro quito unfit for publication. Tho circumstances leading up to Iho offenco aro very simple. Tho prosecutrix deposed that sho was going up Shortland-street botwoon 11 and 12 o'clock on the night of the 22nd of Novembor. About the middlo of Sliortiand-strcet tho prosocutrix saw tho prieonors talking to a woman. Tho prosocutrix was proceeding to her h >mo. Sho thought sho know tho woman to whom prisonoM woro talking to, and addrossed her, hue found it was a mietako. 3h>j thought it was Mrs. Mills, her 1-mdlady, or rather her mistress, 'ihe prisoners then accoslod hor, and invited her to lako a glass of wino. All throo wont to tho Belfast Hot si, but wero refused admission. Thoy walked round by Government Houso and Symonds-streot, to tho Fitzroy Hotel, whero (hoy had somo wino. Thoy procoodod by Mount street, in tho direction of the Barracks, following tho Barrack wall along tho Ureou that looks over tho town. The prisoner Lynch seized tho proseontrix by tho shawl, throw her down, and completed tho odVnco charge! against him. The prosoeutiix deposod that sho screamed and used all the resistance in her power. Tho chargo against Symons was that ho was present, that ho lent no aid to tho prosecutrix, and othcrwiso countenanced tho felonious assault that was made upon her, thoroby : aiding and abetting tho oll'enco which hud b;on cjmmittod. The prisoner Lynch cross-examined tho prosecutrix at great length, but e'.ieited nothing calculated to shako her testimony. Tho cross-cxnmi- ' nation h*d reference to alleged discrepancies of timo and distance ; but oxcept tho imputation, that tho prosecutrix had accompanied tho two men vory iui- : prudently and improperly, nothing was established. Mrs. Fanny Mills deposed that tho prosecutrix left her houbo" to go to tho theatre on tho 22nd of ' November; that the pro-ccutrix left tho honso about, 1 o'clock in tlio evening. She was perfectly bound and in good health. Sho had put on perfectly clean clothing. The proseciitrix returned to witness's house tit about 4 o'clock in tho morning, looking ; dreadfully haggard. Proseeutrix had made a complaint of "ill-treatment. Sho had scvoral bruises on hor body, and others appeared in a few days afterwards. Sho had a bruise across the chest, anotlior on tho shoulder, another on tho right arm, and another on tho right leg below Iho knee. Sho never left the houso except to go to tho Couit. On tho day of tho Court inquiry, Simons called at my houso and aslicd to see Mrs. Stewart. He wished to speak to her alone, 'liny wont into a room together; I remained in a room outside. I could hear erery woi-J that passed between them. Simons and that Mrs. Stuwa.it knew tli.it he had no hand in it; that he would willingly pay all expenses if would not b.-ing tin matter into Court and expoto him. Mrs. atew.irt said the mutt-:r was in the hands of tho law, and must tako its course. 8111101:3 said he would leave tho town before morning. " I," continued the witness, '' considered it my duty to givo tho prisoner into custody, ns he was an accomplice in tho crime." Mr. Mills gave the prisoner in charge of tho police. Cross-examined by Mr. Wynn: I have a husband living whu is not Mr. Mills. His namo is Thomas Perry. I have not seen him for tho last two months. I have not seen him to-day. I may havo faid that I believed be was dead, but not when taking a legal oath. T saw my husband last, about two months fcine.i. llu went to Hokitika. I have been living with Mr. Mills seven weeks. My husband said ho would never come buck. I oxamined tho proJOcutrix before she went out. I did not examine her stnys. I havo not seen my husband in tho Court this morning—not to my knowledge. Hor shawl and dress were torn at tho fastening of the brooch. The bruises were high up on the ohest. By bruises I mean that tho llcsh was discoloured. Tho prosecutrix wa3 in my fervico. She sometimes addressed mo a* " Mrs. Mills," sometimes " ITanny." His Honor: Do you wish to cross-eiamino this witness ? Prisoner Lynch : I might ask questions, but it would be of no uee. His H< nor : You do not know. Tho Court might with equal reason soy you should not be believed on you- oath. The .--eventh .Commandment was not written for Mrs. Mills alone. Thero aro one or two questions which it 13 necessary to ask tho witness in consequence of tho suggestions of the prisoner Lynch. (To tho witnost.) : Have you ever allowed any apartment in your houso to be used for purposes that aro improper ? Tho witness : Never. His Honor : Have you a knowledge of their having been so used ? The witness : Nono whatever His Honor inquired upon what tho prosecution relied to establish tho caso against Simons ? Mr. Weston admitted that the case against Simons, if the ofFenco required his active participation in the crime, was weak. Lynch addressed the jury. His dofence was that no had met tho women as described, that she pressed her company upon them, that they went to the Uelfust Hotel, whero they could not obtain admission, that the women walked with both prisoners more than a milo off to a public house at a lato hour, and with perfect strangers. Ho left it to tho jury what could be tha intention of the woman. Ho went through the particular) which had been deposed to by tho prosecutrix, which cannot bo published, and declured that tho prosecutrix was a consenting party to all that had taken placo. He described tho cbargo as a trumped up chargo, because he had promised to givo the woman somo money. That sho callo iat his houso and demanded money. That ho did not wish bis mother to hear tho n ;ise, and ordered the protecutrix to go away aud slammed tho door in her face; that sho then threatened to servo him as sho had served others, and as a consequence instituted the prosecution. His Honor said *hat a prosecution of that kind involved some very nice questions of law, but in this ciiDO thero woro no questions but those of fast. Thero wus a very bro.id contention that the prisoner Lynch had committed an oll'enco of a highly criminal character against tho prosecu'.rix, that Simons had aided and abet:ed in the perpetration of that offence; and for the defence it was stated that that women was consenting party and that she acted as a prostitute. It was said by the prisoner that tho prosecution was instituted because ho did not pay tho woman 11 pound which he had promised to pay her, but it might appear n dearly earned pound that a woman in the position of the proaooutrix should have rejectod overtures of compensation from Simons for tho purposo of rovonge upon Lynch. Tho character of tho witness was a very important ingredient in the case for Iho consideration, but how far thoy woro crediblo was entirely a question for tho jury. His Honor went at great. longth through tho ovidenco, commenting upon it 3 weight in respect to the statements mado by tho prosocution and by tho defence. Ho described tho story of the proseuutrix as consistent with her conduct. At tho samo time the only witness that could bo called for the accused was a prisoner beside him in tho dock. It wai this circumstance that placed Lynch at tho mercy of the prosecutrix. The jury should hire regard to the position in life of the prosecutrix, to the character of the transaction to which sho deposed, and to those minute details n3 throwing light upon her own mind in respect to it, and whether Rho had given that amount of rcsistanco to tho prisoner which would make the prisoners liable to the punishment which tho lav? awards tor a very griorous and abominable felony. At the conclusion of the Judge's summing up, tho jury expressed ti wish to retire and retired accordingly at 7 o'clock. His Honor summoned them beforo him further to explain tho application of tho ovidonce to the prisoner Lynch. The jury again retired to deliberate, and roturned into Court with a verdict of guilty against the prisoner Lynch, nnd not truilty against tho prisoner Simone. His Honor in passing sontonco upon the prisoner Lyn'h, severely rohuked hiiii for tho immorality and cowardliness of his offence. The Conit could not suffer such oiTeuces when proved to pass without a severe punishment. The crime of which ho had been guilty was an exceedingly hoinious one, and tho .-entente of tho Court was that the prisoner be kept in ponul servitude for four years. •Hi? p-'sODM i'imone w.-ib dieoiiargod.