INDECENT ASSAULT.

NZ Truth, Issue 100, 18 May 1907, Page 6

INDECENT ASSAULT.

Hamilton Found "Not Guilty.'

Jury Give Him the Benefit of fthe Doubt.

Irene Winchester Jackson, daughter ©f the Rev. R. Winchester. Jackson, who was alleged jbo have been indecently assaulted outside the manse at South-bridge at a quarter past peven on the night of April 20, is a mopn-facted, well made girl, with

ilaxen hair, which is still hanging i down her back. She will h> svxt 1 ri years old th s Sunday. Thefce weie two counts m the indictment preferred against Alexander Hamilton, iwho was arrested m connection with . the affair. The first count charged him with unlawfully attempting to carnally know the girl, and the other, with indecent assault. Crown Frosecutor Stringer, m outlining the case, said the reason why the indictment was framed as it was was ' lyqcause the jury might think that ,the ' prisoner was guilty of .the . minor offence. The first' charge meant that -he attempted to .' , ravish the girl, and was the more serious. If they. believed the story told by the fc-irl", and were satisfied as to the identity of' the accused they would hare no -difficulty m deciding . one wray or ' the other. It wasn't ve.ry material whether they found him guilty upon the first or second count." The facts were that Irene Mackson went to the railway station for letters, and on returning to the manse she observed that she was being followed by a man, and uccame alarmed. On reaching the gate of the manse he had got t 0 her- side and started to talk', but he - suddenly caught her by the arms, and laid) her on the ground; She , -screamed. This he sought to stop, and -placed his hand over her mouth. The girl shoved it away, and he placed his . qtfeer hind there. But the people m the manse had been arouse:! , and ho i"ose and levanted towards the towr.Jiip. Mrs Jackson rushed down' .ue drive, and met her daughter, v Mo was very much agitated, and had her clothes soiled.' The Rev. Jackson rushed after the . man alleged to have assaulted his daughter, but failed to find him. ■ Tne'' difficulty' about the case, said Mr. .Stringer, 'was whether the cvi- . deuce for the Crown would ; satisfy the jury beyond all reasonable doubt 'that accused ■ was the right man. It was principally a question of iden- , .tity. In the first place it was night, ' but it was. fairly, light at the' time. The girl was close to the man, however ■•; slio luid a good view of . hia face, ajxl was certain accused- 'was • h'-r assailant. According to law the girl's ' evidence would be sufficient, . jnii. it was somewhat dangerous to convict a man upon the evidence of a girl, who, under such ■ circumstances • would be greatly agitated

nviten the ofience was committed. Cor-

-rolioraliye evidence would be forthto show that the prisoner i^fiSfinAthe vicinity of the manse about the time the oK^nce was committed. W. C. Smith, who keeps a' stable, saw, a man coming from the jlirectioii of - the manse through the 'pad decks. He spoke to him, and owioS to his peculiar conduct, he followed him, and recognised the accused when he got to the town. In her evidence Irene Jackson said she was quite sure di Hamilton's identity. She picked him m the street,outside Penfold's hotel two days af- j torwards. Mrs Emma Madeline Jackson, an attractive-looking, well- I pressed woman, who wears specs, .^aid that her daughter didn't hesiiate about selecting Hamilton as the i person who had tampered with her. • Parson Jackson, a clean-shaved Pres- j .byterian cleric with a marked Scottish acoent, gave evidence, as did ■Smith, who said Hamilton was the j individual he had followed, and J identified. ! The defence, conducted by Mr. ] , Hunt, was an alibi. Prisoner, wasn't 1 ./ gjearVthe manse that ni^ht ; wasn't. TO the "North Rakaia'Roadat all, and W?as m company with friends all the fye-iiing. .He called the accused, and !iso James Morrison (of Hill's Hotel), and Leyburn (farm laborer) who said that Hamilton couldn't have been at the manse gate at the time stated or for some time afterwards. Counsel, m addressing thQ jury, al-

so relied on the want of identifioa-

tion plea, and said that the cvi- ' deuce was insufficient on that score. The jury returned, a verdict of not guilty, intimating that tiheyi gave him ttie benefit of the doubt.;