A SEPTUAGENARIAN'S SIN.

NZ Truth, Issue 180, 28 November 1908, Page 4

A SEPTUAGENARIAN'S SIN.

FOUND GUILTY OF CHILD VIOLATION

Was There Talk of Blackmail?

A SENTENCE OF TWO YEARS' GAOL.

Henry Scrimshaw, a giddy corpse-plant-er of 72, was found guilty by twelve of his peers m Christchurch last week of attempting to carnally know a little girl of six years.- There was a second count of indecently assaulting the child, m case the first charge broke down. The main features of the case are familiar to "Truth" readers, but others developed at the Supreme Court trial* Scrimshaw, lor whom Barristers Donnelly and CassMy appeared, rented a. room m Durham-street to the youngster's' parents .and took his victim into a mourning coach to effect his evil purpose. The offence was aggravated by the fact that he stuffed a handkerchief into the child's mouth to prevent her screaming. Afterwards he gave the youngster a two shilling piece and- told her to get change at an adjoining shop. She , did so ar>d handed the small coins back to Scrimshaw, who gave her a penny.- . . ' -The child said m the Supreme Court, that she didn't get the. penny, and there were other discrepancies) m her testimony which . Mr Donnelly, took advantage of. She said m the Lower Cour-tV that the change was all pennies, but last week she 1 said it was silver, and cross-examined by Mr Donnelly the youngster said she had been told by her mother to say she got silver. On one occasion when her father and mother had had a row the child said she was taken by her mother to Lawyer Leathem's office, and on that occasion she was TOLD BY MA WHAT TO SAY to "the solicitor. "Mother told me everything I was to say to-day," said the kid, and apparently the case used to be rehearsed at home. The child sustained certain superficial injuries, but admitted m crossrexamination that her mother had treated her for irritation . prior 1 to the assault by Scrimshaw, whom she knew as "pater;" ■'"... Lily Moore, mother, of the girl, testified that 'she went to look for the ohild and found her m the shop already mentioned. Scrimshaw was waiting outside and gave her a penny when she returned him his 2s change. It wasn't unusual for Mm to give her • a penny. The child's face was flushed and she looked as though she had been crying, so that the mother's suspicions were aroused, it was a long time Before she could get the story from tho youngster. "'Pater' told me not to say anything,"* 'she said. There were indications of an assault on the- child's clothing and person; and some evidence was destr oyed by the mother putting the articles m the wash-tub. No, information was giver, to the police. "I let the matter drop because i had some trotfble on niy mind about my husband," she said. 'In cross-examination by Mr Donnelly, the woman denied coaching the little girl m her' story. She told her to tell the truth and not to tell ' lies, but sometimes she made mistakes. The youngster had been treated by its mother for irritation three months previously. When she left Scrimshaw's she yowed a week's rent, and went to ■ live with Mrs Moir, of Moprehquse Avenue./ Her husband didn't go with her, and she , owed a week's rent when she left Mrs Moir 's after a sojourn of a fortnight.' She discussed the case with Mrs Aloir. , Mr Donnelly : Did you use these words to Mrs Moir: "I will not let the case drop ; I will get money out of it" ?— - No, but my friends told me I could either get a. sum of money out of him or send him to gao,l, and that oughtn't to go scot free. Did you say to Mrs Moir : "My husband, is going down to Mr Scrimshaw's son at Sydenham to get money" ? — No, 1 said my husband is going down to see .Scrimshaw's! son about the case. You didn't say, "He's going ' down to get money" ?— I don't recollect. No, 1 didn't say that. The witness said she did not tell Mrs Moir that her husband had advised her to- hold her tongue and she would get money out of the case. Mrs' Chamberlain, wife of a dentist m .town, was staying at Scrimshaw's house at the time, and .the lady said to Mrs Moore, "For goodness sake don't mention^ the matter to anyone, as I'm sure to, be brought into it, and there will be a great showing up." Did you say to Mrs Chamberlain: "I'll go down to Scrimshaw's ' son at. Sydennam and kick up a row *; I'll get money put of him" ?— No, Mrs ." Chamberlain said to me, "Why don't you go down to Mi Scrimshaw's son at Sydenham. He'll be .glad to give you a little money to keep it quiet." Did Mrs Chamberlain say to you : "It is not legal to go down there and try to get money?" — No, she advised me not to mention the case to „ the police or anybody, but to go down quietly to Scrimshaw's son and. most likely he would give me something ' TO KEEP IT QUIET. _ Did you say to Mrs Chamberlain : "Oh, there are other ways of getting it quite certain ?"— -No. ■ / , To Crown Prosecutor Stringer : She had never gone to ScrimsbaV or his son about money. ■' , ' Francis W., Moore, father 'of the child, ■who grafts ,at the Addington workshops, stated that he saw Scrimshaw on the afternoon ,of the occurrence m the bach yard, when he accused the elderly person of raping the' litt'e girl, and obtained an admission from the old busier that he had done the evil thing. "I will inform the police," said the infuriated father. To this Scrimshaw replied, "Don't .do that ; I'm sorry I did it ; I must have been mad ; I won't do it again." Moore took no further steps m the matter. He. didn't care about the "showing, j up" that was sure to result. In reply to Mr Donnelly he admitted that he left Scrimshaw's premises m a.j hasty manner, and that some of his effects were handed out the window to nim, but that was due to the fact that tie had had a few words with his wife. Peeler Scott was the arrestiug constable and had the child examined by. Dr: Symes. "When apprehended,, Scritrishaw: rfave himself away, as even the cleverest of them dp sometimes. He remarked, "Oh, my God ! This is awful ! It was a terrible thing to do, but the kiddie used to follow me about everywhere. She eyen used to get into bed with me m the mornings." On the way to the lock-up Scrimshaw said, "I must have been mad at my timeofJife to do such a thing. A man ol my age*ought to have known better." Scrimshaw was so dejected that he asked the copper's advice whether he/ should plead guilty or not guilty. Dr. Symes, who examined . the little girl three weeks after the occurrence, found evidence consistent with the theory that the child had been tampered with, although not conclusive. j Messrs Donnelly and Cassidy called Dr. Orchard to prove/ that it is not uncommon for a. young girl to suffer from an ailment, consistent with the appearances presented to Dr. Syme and which might not be attributable so an indecent assault. Another medical man was being called, tout Judge Denniston remarked that it was . . NOT- A QUESTION FOR A DOCTOR but for the jury to "decide. *Mrs Annie Moir, of Moorehouse Avenue, was then called, and gaye the lie to Mrs Moore's denials earlier m the ease. Mr Donnelly : Did Mrs Moore say to you : "I wittl not let the case drop ; 1 will get money out of it ?"— Yes. Mrs Moir testified that Mrs Moore had said that her husband was going down to Scrimshaw's son m Sydenham ; aiso that hubby told Mrs Moore to keep quiet about it and they would get some money out ot it. As it happened, the husband didn't go down. Mrs Moir watched him, and hewent up to a party at St. Albans. To Mr Stringer the lady remarked that this was on the day that Scrimshaw was arrested, although Moore dttln't know at

the time that the police had -cloafed on their victim. He said he wouldn't wait for a detective to arrive, but would go down to young Scrimshaw and make some money out of it. Mrs Chamberlain, wife of a local tooth* puller, stated that she was staying at Scrimshaw's at the time. Mr Donnelly : Did Mrs Moore say to you, "i will go down to mi scrinn shaws son at Sydenham and Kick up a vow. I'll get money out of him ?•"— Yes. Also when Mrs Chamberlain told Mrs Moore that it wasn't legal to extort mon* ey from people, Mrs Moore had rejoined that there were other ways of getting The dreadful happening was naturally, talked about m the house,, and Mrs Cham-i berlain was peculiarly interested. "1 wont der if my little girl has been tampered with," she remarked. She discussed the unpleasant business with Miss Scrim-* shaw, who resided m the house. Evidence as to character was called" by, the defence. Samuel Patrick Andrews, contractor and J.P., testified that he nat! known Scrimshaw for forty-three years, during which: time he had borne an exceptionally good character. Herbert Thomas Barnes, joiner, and Henry B. Sorensori, auctioneer, also testified to Scrimshaw's good character. Mr Donnelly emphasised the pjesviinp-* tlOn that a man who HAD BORNE A GOOD CHARACTER m business for forty-three years would not commit the act with which Scrimshaw was charged. The failure of the parents to report the offence .to . the police was enlarged upon, , and counsel commented upon the absence of paternal and maternal instinct m the. parents, who didn't seek to have the alleged violator of their child punished. He asked the jury to hesitate about accepting the evidence of people who had deliberately decided to "sleep" on a charge of this sort. Much was made of the fact also that the mother had placed the- child's undergarments m the wash-tub, and thus robbed Scrimshaw- of the opportunity of proving that there was nothing incriminating on them. Moreover, the veracity of Mrs Moore was impugned by the testimony of Mrs Moir and Mrs Chamberlain. ' An address was given by 'the Crown Prosecutor, Judge Denniston : summed up, and the jury after a short retirement returned a verdict of guilty, with a strong recommendation to mercy, on account of Scrimshaw's extreme age. ; The old party came up for sentence next day, when Mr Donnelly made a final appeal on his client's behaflf. A man of his age and with such a gopd character extending over a great many years encouraged the presumption that he was not an offender m this respect nor m any other respect. Assuming his guilt, counsel said that looking at his, advanced age and the shortness of the span of his --future life, it was 1 extremely unlikely that he would ever appear before a court again m a case of this kind, and counsel asked .for leniency, on this account. ,A further recommendation that sbpufld weigh with his "Honor was the 'jury's recommendation to mercy. " In passing sentence his Honor said that one of the things that weighed with him mostly was 'the fact that Scrimshaw had refrained from going into the box/ and committing perjury. His refusal to lend himself to further crime was unusual, and m this respect Scrimshaw had acted conscientiously, It was possible, his Honor, said, for a man to have a conscience, and yet give -vvay to sudden temptation like this. Taking into corsideration all of the circumstances .be, thought that the ends of justice wpuld'be met by the imposition of a penalty of two years' imprisonment. "Had you been a younger man," concluded his Honor^ "1 wouie have sentenced you to a longer term."