A HORRIBLE CHARGE.

NZ Truth, Issue 174, 17 October 1908, Page 6

A HORRIBLE CHARGE.

Dawson Committed for Trial.

The discovery that a girl Hinder, arrears was suffering from a horrible se/xual disease at St. Albany Ohristchurctt, ' was responsible later for the arrest o5 '/.'hornas William Dawson, a man apparently about 35, desrribed as having no •occupaton m particular. Apart from its unusual character. the case is interesting mainly from the fact that ttate evidence .was purely circumstantial; a. fact emphasised later by accused's counsel, Lawyer Donnelly. Dawson was. the.' only hoarder m the 'house when the chttd contracted the disease, and the fact that he was suffering from the same complaint caused, his arrest. The question, at issue was whether the child could have contracted the ailment by other means than that of actual indecent assault.' J.P.s Kgan, Barrett and Ballaotyne adjudicated, and Chief 'Tec. Bishop conducted tho prosecution, r" "-•'.'■ The mother of the child stated'that she ,v/as a widow living: m. Udgcvare Koad. St. Albans, where sho kept a hoardingliouse. liawson had beca 'boarding with her m September for about a 'fortnight. Her ' daughter's v.p,o \vi»s two years anil; four months on -Kb of last month. On Frid.i'/, Septeinbur o, . the" woman went to" s.e? her mol.hfi3-in-j.tvv m an adjoining sUvei/ ;uu! Ititt the child playing about on the lawn. O.iwsoni v/ho remained hei'ittd, ifTiiarkcJl that

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and the man. The mother returned at 4 p.m. Dawson said he had taken off smarticle of the child's underclothing as rTTwas dirty or damp. It was out on the back lawn, he said. She didn't bother about it that night, but discovered the clothing on the following morning, when .she found it to .be damp. On the succeeding Tuesday Dawson left without paying his board and the unfortunate woman later noticed signs of sexual , disease m the youngster.. She took the child to Dr. Irving/ At the time of the occurrence Dawson was the only person boarding m the house, and she had no suspicion at the , time that he was suffering from a venereal disease, although she bad once found a tin under his mattress containing sandalwood capsjules that might be used for the disease. Tiie little girl, who hadn't yet learned to speak, was taken to the hospital. Dr. Shaw, • assistant surgeon at the hospital, stated that he examined the child and found it suffering from the disease already mentioned. There was no. sign of violence, but the mere fact of sexual contact might bring about the complaint, which had also. beeD conveyed to one .of the child's eyes, probably by the youngster herself. The bafoy was still m the hospital. To Mr Donnelly ; The disease could be conveyed to the child herself by handling rags or a towel used by-, a man suffering from the disease.

Dr. Syme said that on October sth he had examined Dawson and found him suffering from a late stage of the disease.

'Tec. Gibson arrested Dawson on October 5, when the man told the sleuth that, for- some months he nad been

SUFFERING FROM THE' COMPLAINT, and tried to cure himself with sandalwood capsules. He admitted taking the undergarment off the child, but explained that she had soiled the clothing. He had been using rags for his"complaint, and threw them down m the garden. He denied tampering with the child.

Mr Donnelly contended that there was no evidence to prove that Dawson had actually committed the crime with" which he was charged. As stated by the doctor, it was quite possible to transmit the disease by contact with articles used by the diseased person, and. the probability of such form of contagion 'was emphasised by counsel. The fact that the child had' herself communicated the disease to one of her" eyes "was mentioned by counsel m support of this. Ootunsel submitted that there were two ■ ways by which the disease could have tfeen conveyed, and do evidence had ; been adduced to show that it had teen contracted m one particular way more than another. The onus rested upon the police io prove actual sexual contact, and they had failed to do that. In his opinion no jury would convict on such a charge, and the information should be dismissed. °

Chief 'Tec. Bishop recalled the fact that Dawson had been left m charge of the child.

Mr Donnelly directed attention *to the fact that the Police had no right to speak at this stage, having closed their case. •■■■■'

The Bench conferred for a 'few minutes and finally Chairman Egan. said *. "The Bench are unanimously of opinion that the case is one for the Supreme Court. We positively decline to dismiss the case."

Dawson pleaded not guiifty, and was coijimitted to the Supreme .Court for trial, bail being allowed; self m £50 and two 'sureties of £50 each.