McCLUSKY'S MISCONDUCT.

NZ Truth, Issue 240, 12 February 1910, Page 6

McCLUSKY'S MISCONDUCT.

A Disgusting Pest.

Pervert Punished.

The reputation m Canterbury of a partially bald, middle-aged station cook named ' John McClusky has been so bad that it might be mistaken for over-ripe hen fruit at election time, and the news that he was m trouble again at Albany didn't strike anybody dead with astonishment. One of McClusky 's, most disturbing experiences was about twelve months' ago, when he was charged with committing rape upon a girl oa eight different occasions at Darlield. When evidence was adduced to show that the girl was a consenting party, Judge Denniston could not do otherwise than point out to the jury the absurdity of the charge. Dut the fool jury found McClusky guitty. The accused fainted when he heard the verdict. His Honor personally brought the matter before the Full Court, and the conviction was quashed, McClusky celebrating the event m such, a blue, blind, paralytic manner that another offence was added tp his long record fox dronkennncss. Beer and sexual mania seem to have been the man's vices.

At the Timaru Supreme Court last week be was charged before Judge Sim and a jury of twelve, with committing indecent acts on three different occasions, and from the evidence of the Albury schoolmaster Alexander Lindsay, it would appear that McClusky misbehaved himself on two occasions, once m the presence of the teacher and once m the presence of some school girls. Further, that he. had written obscene remarks on the walls of. a convenience used by the school girls. According to Magistrate Day, wbo also gave evidence, McClusky had written to him fitter his committal for trial withdrawing his pica of guilty m the lower court.

McClusky, m Ins own defence, said he was drinking heavily at the time, and had no clear idea of his movements. He had been frying the appetising chop and boiling the flowery spud at Burnham, before he lookiud m at Temuka and Pleasant Point, where he icjoiced over much beer and whisky and painted the villages a bright magenta. He carried his paint pot to Albury and was brushing the cobwebs off the' hamlet when the police put m an unwarrantable appearance. He told the jury that if he wore guilty of the offences then he didn't know anything about them, as his mind was a blank on the subject. In the, course of an impassioned address he said it was better that ninety-nine guilty persons should escape than that one innocent person should suffer. The eloquent accused had probably heard this sentiment from defending counsel very oiten vthrcu m the dock. In the case where he had been seen by the girls, the evidence showed that they were seven chains away.

His Honor summed up against the accused. There seemed to be no doubt, he said, that McClusky bad committed the offence.

The jury retired and returned with a verdict of guilty on two counts, and not guilty on the count covering the case where McClusky had misbehaved himself m the presence of girls. Ttie foreman of the jury commented that the • girls were seven chains away, and the jury was not satisfied that McClusky was aware of their presence.

Asked if he had anything to say why sentence should not be passed upon him, the accused complained that the verdict was not borae out by the weight ,of the evidence. "Ira not a woman with a past," he said ; "I'm a man with a past, and I've never had a proper chance m life." It was due to his past, upon which he could he cross-examined, that he had Dot gone into the box to give evidence m Ids own behalf. The offences m his record, however, were mostly of a minor character, and the^most serious of them dated back to twenty years ajro. Drink had been the cause of 'his downfall, be said, and the whole of his troubles had been caused through wasting his good coin m booze. He pleaded for one more chance.

His Honor said it was not a case which justified him m showing ieiricncy m view of McCiussfcy'g past record. He was a man who should be deprived of liis liberty for a long time, and would be sentenced to imprisonment with hard labor for two Years.