CHARGE OF ABDUCTION.

New Zealand Herald, Volume XXXII, Issue 9720, 16 January 1895, Page 6

CHARGE OF ABDUCTION.

At the Police Court yesterday, before Mr.

H. W. Ncrthcroft, S.M., Joseph Buchanan surrendered to his bail on a charge of ab-

(taction. Mr. Jackson Palmer prosecuted, and Mr. Brassey appeared for the defence. I On the application of Mr. Palmer the indictable charge was dismissed, and the following information under the summary jurisdiction clause of the Indictable Offences Act was laid instead :— That within six months, to wit, on the Ist January, 1895, at Mangapai, Joseph Buchanan, with intent that Emily Young, an unmarried girl under the age of eighteen years, should be unlawfully and carnally known by him, the said Joseph Buchanan, took the said Emily Young out of the pos- session and against the will of her father." - > The case for the prosecution was then opened by Mr. Palmer. It was laid under che 23rd section of the Indictable Offences Act, and under this Act it did not matter whether the girl was a consenting party or not if the father as guardian did not consent The accused Buchanan became a partner of the informant, the girl's father, in a contract for Mr. £llingham, and lived with the i .informant and the family. On the night in question they left the house together. They got to the Wade Hotel, and slept in the same room, and then came on to Auckland. The accused was arrested by Sergeant Gamble in Auckland, to whom he said, when informed that tha girl's father Laid tho information, "He must be a fool. I never took the girl away. if I overtook her on the road, surely the road was open to me as well as to her." Ha further said, when asked about the girl ! movements, "I don r know anything about her. I don't know where she is." Accused, Mr. Palmer added, was a married man with a family, and his wife kept a shop afc Mount Eden, &nd the girl was an unsophisticated country girl. Sergeant Gamble gave formal evidence as to the arrest of the accused. Elizabeth Young, wife of the informant and mother of the girl, deposed that Emily Young was born at Tararu, Thames, on the 12th January, 1878, and was 17 years of age last Saturday. She detailed the circumstance* of missing her daughter and i Buchanan. Emily was sleeping in her own room with two grand - children. Their mother said she heard something wrong with the children, and on going to the room they missed Emily, and they then went to Buchanan's room, the door of which was opened, and he was gone. They went to call assistance, and heard two horses galloping. The witness was cross-examined as to the

ape of her daughter Emily, and in re-exami-nation she cried bitterly, and said the girl's father and herself were willing to take their daughter back and forgive her. Clarence Young, the father of the girl, also gave evidence. The accused had asked him to allow the girl to go to Auckland with him, bub he refused, saying he would not allow her to go without cither himself or her mother, and as they were not in a position to go she must not go. Witness was in Auckland on New Year's Day, and received word that his daughter and Buchanan were missing, and he laid an information against Buchanan, who was arrested. The horse on which he came to town was Mr. Sloane'e, and was sent back by the ss«amer. The witness was cross-examined, but nothing fresh was elicited, except that up to the time his daughter left the house she was a good girl of whom any father might be proud, and he would pledge his oath on her truthfulness.

Francis Henry Sloane deposed to accused hiring a horse on New Year's night, which was returned to him from Auckland.

James Titford, publican, Wade, deposed to accused and a lady coming to his house on tils 3rd inst. on horseback. They arrived before tea time in the afternoon, aud stayed all night, occupying the same bedroom. ."' ; . This closed the ca?e for the prosecution. Mr, Brassey contended that there was no cise to answer; bub His Worship ruled that there was.

Mr. Brassey then called the girl, Emily Young, who deposed that she left Mangapai on New Year's night, in company with accused, to come to Auckland, her object in coming being to get a situation. Neither accused nor anyone else induced har to leave ; she left of her own free will and accord. ...... His Worship interposed, and, addressing the witness, said : " Remember, you are standing in that box, on your oath to tell the truth, and you stand there as you will stand some day before your God to tell the truth."

Mr. Brassey said the girl had received some education, and knew the nature of an oath.

His Worship said it was more than that. Ho wished her to understand that if she committed perjury in that bos she might get seven years or even imprisonment for life.

Examination resumed: Witness said they came to the White House at WeUford the first night, where they slept that night, but not in the same room. They came to the Wade Hotel the next night, and both slept in the same room, but not in the same

bed. There were two bed* in the room, and she lay down in her clothes on one of them, and Mr. Buchanan on the other and nothing wrong took place between them. They came on to Devonport, and she remained there till she got a situation at Mrs. Carrie's. Buchanan left her there and had not; been to see her since.

Mr. Brassey : Do you state that from the time yoa left Mangapai up to the present no impropriety has taken place between you and the acensed ? His Worship: How can you aak such a question after the parties have been together in a room the whole night? • Mr. Brassey said she had already said s*. The question being pub again, the witness replied that no impropriety had taken place between them.

Witness was cross-examined. In the course of her answers uhe said she saw Mr. Braasey twice at the North Shore, bathe said nothing to her as to the evidence she should give. She borrowed 103 from defendant to pay her board in Devonport, and .Mr. Braauey only bold her Buchanan had been arrested. In the White House, at Welsford, where they stopoed the first night, witness was known, and accused and she did not sleep in the same room, bub they did »o at the Wade, and she made no objection, bub she did not know her character

would be at stake. Buchanan found a situation for ber ab Mount Eden, and Mr.

Brassey sent her there. • His Worship proceeded to review the evidence and comruonted on the baseness of the defendant's conduct throughout. Mr. Brassey interrupted and said if His Worship was inclined to convict he would ask him to treat the defendant under the First Offenders Probation Act.

His Worship indignantly : Treat him under the First Offenders Probation Act? If I convicted him and treated hiui under the provisions of that Act I would be unworthy to sib here for five minutes. If ha had committed such an offence in some

countries he would never have been allowed to come before a Court. In some parte of America for a less offence ho would never have reached a court. I will go through the evidence and look into the law and give my decision to-morrow, and in the meantime, the defendant will remain in custody and the girl will remain with her parents.