SUPREME COURT.

New Zealand Times, Volume XXXVIII, Issue 6542, 5 April 1882, Page 3

SUPREME COURT.

CRIMINAL SBSSIONS. Tuesday, April 4. (Before his Honor Judge Richmond.) CRIMINAL ASSAULT. Robert Hickling, a middle-aged man, was indicted for having, on the 31st of December last, criminally assaulted Rose Mary Ann Bassett, a child under 12 years of age, A second count in the information charged the prisoner with a common assault. Mr Izard conducted the case for the prosecution. The prisoner, who pleaded not guilty, was defended by Mr P. A. Buckley. From the evidence it appeared that the prosecutrix, a girl between 11 and 12 years of age, was living at Mitchelltown with her aunt, Mrs Mitchell. She had no mother, and her father resided at Blenheim. On the 31st of December last her aunt sent her to a neighbor named Richardson, about 20 minutes’ walk. She had a little girl, about five years of age named Winter, with her. They had to pass the prisoner’s house, and saw him leaning against his stable door post. The prisoner called her, saying that he wanted to see her, and the other girl went away. The prisoner pushed her into his house, fastened the door, and committed the alleged assault. She called out and Hickling’s son came to the front door. The boy said, “What are yon doing now?” and the prisoner replied, “Go and mind your own business.” The boy then said he would tell Mrs Mitchell. The prisoner subsequently gave her a shilling, and told her not to tell Mrs Mitchell. She said she would tell,: and on her return home informed Mrs Mitchell that Hickling had given her a shilling.; Mrs Mitchell then sent the girl to Dr. Collins, who found her story consistent. When arrested by Detective Chrystal the prisoner stated that he had- been absent from home until five o’clock that day, and that his son had been with him. He afterwards said that he came home at three o’clock in the afternoon. He then admitted having called the girl up to his house at four o’clock in the afternoon for the purpose of giving her a shilling he had promised her. To Detective Browne the prisoner, while in the lock-up, stated that Mrs Mitchell owed him 30s for coal, and that the charge had been brought out of spite, as she was afraid he would summon her. The only witness called for the defence was Robert Samuel Hickling, the prisoner’s son, aged about fifteen, who swore that he saw the girl come up to where the prisoner was standing near his house on December 31st, The girl never went into the house. He never went in at the front door, and did not see his father on the ground with the prosecutrix, nor did he make use of the words stated by the girl. He gave circumstantial evidence as to the work he and his father were engaged in, within sight of each other—the one in repairing a ducks’ house, and the other in painting a name on a cart, at the time the alleged assault was committed. Mr Buckley addressed the Court for the defence, and commented strongly on the fact that, although according to the evidence for the Crown there was a witness present while the offence was being committed, the Crown Prosecutor did not dare to call him. Mr Izard having replied, his Honor summed up, and the jury, after a short retirement, returned with a verdict of not guilty, The prisoner was discharged. The Court then adjourned until next day.