OTAHUHU R.M. COURT.—Thursday.

New Zealand Herald, Volume XII, Issue 4128, 5 February 1875, Page 3

OTAHUHU R.M. COURT.—Thursday.

[Before E. C. Barstow, Esi[., R.M.] The usual monthly sitting of the Resident Magistrate's Court, Otalitihn, «as held today. The business of the Court was as follows :— Ar=ox.—George Smith was charged with setting tire to a hay rick, the property of .Tames Wallace. The prisoner pleaded not guilty, and was, on the application of :>etec:ive Jdffrev, remanded until Tuesday next. Oi'.rxKENXESs.—One person was punished for this offence. Assai-i.t with Inten'T.—Edward Patterson was charged with feloniously and unlawfully attempting to have carnal knowledge of one Harriet Howe, a girl then under twelve years of aye, viz., sire years. The case was heard with closed doors." Detective e i rC \r ° (>l "'" ct '-d the ease for the police, "? r - JlesUeth defended the accused. Uetective Jellrev stated that lie would not call the girl upon whom the assault hail been committed, she being too young to give evidence in the Court. William Howl a boy seven years of age, was examined with great pains and patience l,v the Magistrate but did not appear to have the necessa™ amount of intelligence to entitle the r 'ourt to receive his evidence. He sa'd he could not tell why he sht.uk! speak the truth, and had never before heard of an oath. The bov was allowed to takehisscat, the Bench remarking that if his evidence was absolutely necessary, an attempt might be made to instruct him as to the nature of an oath and he might be recalled. Mary Ami llienbalcl gave evidence i:i support of the charge. The evidence was, as in cases o: this character it is always, unfit for publication. Mary Ann Howe, wife of John James Howe, and mother of the child Harriet iiowe, said that no doctor had examined the child. The prisoner had called to witness after the offence was alleged to have been committed, saying that he wanted to speak to her, and that he had not done anything. itness had known the prisoner for fifteen or sixteen years,—since his childhood. Detective George Jeffrey deposed to the arrest of the prisoner at about 10.30 a.m. on the 2nd inst., when about to leave Auckland for Coromandel. When arrested, the prisoner seemed cut up about it, and said, "Ah, ■well, it can't be helped; I'm very sorry." He also said that be had walked to town on Saturday night, and that his mother had given hmi money to go to Coromandel. The prisoner never denied having committed the otience, and was not asked the question. He neither denied nor directly admitted the charge. This concluded the ease for the prosecution# The evidence havingbeenreadover to the prisoner, air. Hesketh delivered an ajle address for the defence. The prisoner, having been cautioned, reserved his defence. William Patterson (brother of the prisoner) was called by Mr. Hesketh, and deposed : On Sunday night my brother went into Auckland upon my advice, for the purpose of leaving for the Thames or Coromandel. I told him whether he was guiifcv or not to go. airs. Howe had agreed to settle the aflair. I went to Constable Gamble and spoke to him, and he said if I kept the boy out of his road for that night it would be all right, but if he came across him he would lock him up. Gamble promised to see Mrs. Howe in the morning. Tin's was my reason for telling him to go to Auckland. To Mr. Jeflrey: I bel eved if my brother went away the affair iright blow over. I believed Gamble wouid go and see if Mrs. Howe would settle it. I knew Gamble was a constable. I remember offering Mrs. Howe something to settle it, but she said she did not want money; she would settle it without. John Moran corroborated the !r.,c witness as to the statement having been made by Constable Gamble that if tiie prisoner was kept out of his way he would not be locked up; but if he came across liim he should take him into custody. Constable Gamble was called by Detective Jeffrey, and stated that he had, to the prisoner's brother, refused to have anything to do with settling the case. Witness told him the offence was an indictable one, and he did not think Howe could stop proceedings. Prisoner's brother said it was the first time such a disgrace had been brought upon them, and if he (the witness) would take no steps he would get him out of the country. To this witness replied that he would make no promises, but if he caught the prisoner he would put him in the lockup. Witness never promised to see if Howe would settle the case. This concluded the case, and the prisoner was committed to take his trial at the next criminal sessions of the Supreme Court. On the application of Mr. Hesketh, bail was allowed the prisoner in two substantial sureties of £50 each. The required bail was not forthcoming when the Court rose, and the prisouer was remanded in custody.