ALLEGED INDECENT ASSAULT.

NZ Truth, Issue 60, 18 August 1906, Page 8

ALLEGED INDECENT ASSAULT.

American Expert and Little Girl.

A Jury Disagrees.

Indecent assault cases are always delicate ; matters to deal with, but when they are committed, it is due to society that the authorities should take action, for there is nothing so grave as offences against females'. There are two phases, of indecent assault, handling the girl or attempting to perpetrate the more serious offence. It was on a charge involving the former that one John Costello had to stand his trial at Christohurch, it being alleged that he had tampered with a child between six years, named Winifred Smith, nt Sydenham, on May 5 last. Costello is a foundry expert, & first-class man, and came out from America m January last under a six months' engagement to the big firm of Booth and Macdonaid. He lived at the bouse of William Arthur Smith, father of "the chili*, and it was alleged that on the day i* auestion, a Saturday, he went home ?-ather the worse for liquor. However, according to his own account, he knew very well Avhat he was about. Mr Smith saw CosteUo and the little girl playing m the yard, and ho told her to feed the fowls. Mrs Topsy Smith, grandmother of the girl, had gone to see a friend off by the train. When they were both away, said thr girl m her evidence, accused approached her m the fowl-house and tampered with her, hurting her, but

SHE WASN'T FRIGHTENED. Subsequently he exposed himself, but he wasn't standing' near her then. Nothing more was alleged to have happened, and the pair were atill romping round, the yard when Mrs Smith returned. The latter swore that the child had then complained that accused had hurt her, but she told, her not to say anything about it until her father (who had alf-o come back) had gone out again. Hi wasn't until three hours afterwards that she examined her grandchild am] at once noticed that she seemed to have been interfered with, and she bathed her. Turning to Coste-llo,: she said "What riid you do that to Winnie for. Jack, when there are plenty of women about ?" But Costello de*

pied having touched her. Next morning;', his .roqni was discovered empty and his things gone ; his bed hadn't been slept m. She 'had ; been frightened to tell her son about the alleged assault the evening previous, fearing violence. Nor did she say anything next morning when she discovered that accused had gone. But after her son had gone out shooting on the hills she had the girl examined by Dr. Irving, and . .

SENT FOR A DETECTIVE. Costello returned to -the house on Chat morning, but why he did so and what happened wasn't stated— nothing more than the fact that he did ■ look m. He was .subsequently arrested and charged with the offence. Dr. Irvine's evidence went to show that injury had been received by the child'; it was slight m character, but could be caused by other means than that, alJeged. Lawyer Donnelly,, who defended accused, brought evidence to show that the fact, of Costello clearing out from Smith's house suddenly, and without warning, wasn't on account of a guilty conscience. He called Mrs Elizabeth Merritt, with whom he has been staying ever since, that he had engaged to board and lodge, with her on that Saturday afternoon prior to his going to- Smith's house. This witness's testimony wasn't challenged by Crown Prosecutor Stringer. The accused himself denied on oath having acted as alleged m the indictment ; nor had he

EXPOSED HIMSEIjF m front of the girl. They had been merely playing , in the yard and he caught her now and again and threw her up m the air as most everybody does with children ; but he swore positively that nothing else occurred. He . had engaged lodgings elsewhere earlier m the afternoon, and had. paid Mrs Smith what he owed, but when she made an accusation against; him he got mad, and went off without telling her that he was going for good. Mr George Booth, accused's employer, and his bondsman, gave him an exceptionally good character, and said he was sent out with one from America. • He was an expert, and as such occupied a gqod position at the firm's works. Mr* Donnelly , gave a strong address to the jury m defence, and Mr Justice Chapman carefully summed up the position at some length. The jury were unable to agree after being out five hours, and as there was said to he no prospect of finality being arrived at they were discharged. One juror said there were only two who would not fall m line with the rest. A fresh trial will be held later on.