ALLEGED INDECENT ASSAULT.

New Zealand Herald, Volume XLIII, Issue 13303, 9 October 1906, Page 6

ALLEGED INDECENT ASSAULT.

♦ f 'The.hearing of the charge of indecent assault against Valentine Atkinson was continued before Mr. R. W. Dyer, S.M., yesterday. Mr. Lundon appeared for the defence, and Detective Henderson for -the prosecution; i> ■ ' .-:■ ,;, Evidence was given by Ellen Lupton, a married woman, that between half-past six and a-quarter, to seven on the evening of the alleged assault she saw the child who was assaulted with her sister and cousin proceeding towards the Kingsland ■ Road from their home. About '-. dark she heard the child screaming, and saw 5 her sister running. In opening the case for the defence, Mr. Lundon said he would call evidence to show that accused was in his home fully half-an-' hour before the . alleged offence was committed, and that he did not leave, his house again until after eight o'clock, a good deal later than the time '-■ alleged for the offence to: have taken place. * ' , Mr. Dyer said the defence was an alibi, and he would send the case ", to a jury to allow them to decide, the issue. After: further argument. the evidence for the defence was called. Valentine Mclvor, motorman, deposed that the accused travelled frequently in the car he drove. The accused left town at ten. minutes to six p.m. in his car on the evening of '■. Friday, September - 21, and alighted at the corner of 'the Mount Roskill Road at five minutes past six p.m., the due time of the car. Win. John Pinch, a storekeeper in Eden Terrace, said accused was in his . shop between five minutes past six m. and ten minutes ; past six p.m. ;on September 21. He later entered i the shop of Mrs. Nicholls, and left it again in about six minutes after going into witness' shop. Constable Creiegan,, of Eden Terrace police station," ;: .gave Evidence as to taking statements from the two children and a mother. When the witness was asked to produce his,,.,notebook % His Worship i ruled that; he should not be compelled ; to produce it. Evidence of the good character borne by the accused was given by Messrs, Leyland and" Brett. The Rev. W.E. Lush, vicar of the Epiphany Church, said he had known accused for' about four years. * He (accused) was once a member of the church choir, arid had assisted in \- church socials and ; parish work. His character was very goody and witness considered that accused was a most unlikely man 'to - commit such an offence. Clement Bartley, manager of the Newton branch of the Auckland Savings Bank, said that he had known accused for about three or four years. No young men of his (witness') acquaintance . had a better, moral character than accused. . . Arthur R. lirett, Samuel Hesketh, Wm. B. Leyland, Edwin Lyons, Samuel Collard, Richard S. Briggs, George Webber, and Samuel McPherson also gave. evidence as to accused's character,, - • . Emily, Nicholls, a. married woman, formerly carrying; on business in New North Road, said that accused came into her shop at ten minutes past six on September 21, and paid a bill. Accused was then wearing a coat like the one produced. He remain" ed jn the shop for about five minutes, and told witness that he was .going, home. Later on in the evening accused said to witness, "I am satisfied about the children in tins country." Continuing, he said a woj man had come to his house and said that two i. little children had been stuck up at the : corner of Atkin Terrace and Alexandrastreet. She also • said that the man had gone into the third house in Greenwoodstreet. Accused asked witness*where Alex-aindra-j,treet wa.s, and witness told him. On the following Tuesday the girl who was alleged to have been assaulted came into witness} shop, and in reply to witness she said that she had been told that the man who had assaulted her cosne from a tramcar The girl also said that she ' was frightened,, and that the man was drunk. Further questioned by- witness the girl alleged that slip was assaulted about seven 0 cock. './'. . - \* - To Delecfive Henderson : She was not acting as ii private detective to make inquiries about, the matter. She did if, for her own curiosity Maud M. Dyer said she resided near where the- a.smuli was alleged to have been, committed. : Th» light from witness win-; dow fell across the footpath. She heard no T screams on; the night, in question, although her house was. very close to the footpath. Mabel K. Green, sister to the last witness, gave corroborative evidence. Janet Nelson, who was in Mrs. Nicholls*' shop when the girl cam© in on the Tuesday, gave evidence similar to Mrs. Nicholls. At this stage the rase was adjourned until this afternoon. . I