STRANGE STORY OF ASSAULT.

NZ Truth, Issue 243, 19 February 1910, Page 5

STRANGE STORY OF ASSAULT.

CONTRACTOR CRIMINALLY CHARGED.

Furious Father's Threat.

" IF YOU DON'T GIVE ME £200 I'LL GET YOU SEVEN YEARS."

What The Jury Thought.

An alleged indecent assault case at Southbridge, heard m the' Christchurch Supreme' Court before Judge Sim, had some very unusuai features. A middleaged man of powerful frame named George Hamilton, was charged with carnally knowing a girl under the age of 16 named Quartermain. The girl has since borne, a child, which could not have resulted from the intimacy on the date mentioned m the information (June 13), but the Crown Prosecutor pointed out to the jury that they were not to determine the paternity of the youngster ; it was sufficient if they were to find that the man had carnally known the girl, and that an information had been laid 'within six months of the offence. The six months m this case had nearly expired, and within another few days Hamilton would have escaped criminal proceedings.

Sarah Mary Louise yuartermain; a stout, well-developed blonde with brown eyes, stated that she lived with her parents at Doyleston, and her father was a wheelwright. George Hamilton was a contractor, and resided at Southbridge, about five miles from Dpyleston. He was at the l^uartermadn establishment on June 12, and took tea with the family. Father, at the time, was at Timaru, for which place he departed on Wednesday, June 9. After tea, Hamilton drove Sarah and her sister Nor ah to his place lor a short visit. The 'sister re-^ turned home on Monday, June. 14, but Sarah remained ten days,, reaching home on Thursday week. On Sunday evening, June 13, m the hack garden, Hamilton committed the offence with which he was charged.

The Crown Prosecutor asked if Mr>Donnelly ■ objected to the girl being questioned on the subjectNof whether there were improper relations between her and the man before the 13th.

Mr Donnelly replied that there was no use of his objecting. ' The damage was already done with the jury by his learned friend asking him the question.

The girl, when questioned, stated that on March 15 also Hamilton had had relations with her on the side of the road between Lecston and Doyleston. -She was then on her way from home. The girl said she got into "trouble, and was taken to the Salvar my nursing home where she gave birth to a child, on .November 4.

To Mr Donnelly : She told her mother abouWher trouble towards the end of September. Mother asked the girl pointedly, and the damsel denied being m the condition suspected. She was then taken to see a doctor, who examined her, and declared her pregnant. The medico expressed the opinion that the girl's con-

dition dated back seven months. On the; Sunday evening the inmates of the Hamilton establishment were Hamilton's father, sister Norah, Sarah, Mrs Hamilton, another young girl, and Hamilton! s four small children. The garden m which the event took place was a small >one, it was about eight o'clock,, and the offence took place a few yards from the* back door. The girl went first, Hamilton followed, and they were out there about ten minutes. For a period of six weeKs after the child. was born the girl made no mention to her mother about the occurrence on the Leeston-road. Hamilton stopped her, made an improper proposal, threw her down, and assaulted her violently, m spite of her protests and struggles. She made no complaint when she returned home. She said nothing about it, m fact, until she was pressed for iniormation m the Salvarmy .Home. Her child was still aliVb. Mary. Ann Quarterinain, wife of Henry Quartermain, stated that Sarah was born on March 10, 1895. Hamilton was on [visiting terms with the family. She reI collected the man taking Sarah and I Norah to his place on June 12th. Hamilton knew the ages of her daughters, Mrs Quartermain had informed him. that Norah would be 16 m December, and 'Sarah 14 m March. Afterwards Norah went to live with Hamilton and was now m the North Island. In September the mother look Sarah to Dr. Nathan, with results that have' already been stated. Quartermain brought Hamilton to the house, and the man admitted being responsible for the disaster. He. said it occurred on the first Sunday the girl was at- his house, and pleaded, "give me time," when asked what he was going to do about it. Mrs Hamilton, made all the arrangements for the reception of Sarah at the Salvarmy Home, and if the child came on a date corresponding with the date on which Hamilton . had improper relations, he said he' would take the child..

I To Mr Donnelly : Dr. Nathan didn't tell her m her daughter's presence that the girl was seven months pregnant. If he had mentioned it the woman had forgotten. Mrs Quartermain didn't expect the girl to have a child till March when she brought her to the home m October. She would spend the live or sis months' interval m the home so as to keep the matter quiet and have the girl out ol the way. The witness didn't recollect Mrs Hamilton mentioning m the home June 6 as the date of the occurrence m the Hamilton garden. Quartermain went for the police, met Hamilton, and said (m his temper) "If you don't give £200, I'll get you seven years." The wife got between them when her husband threatened the man. Hamilton was told that he would have to settle before twelve o'clock next day, or he would go across the hill. Hamilton then made arrangements for the girl's admission to the. home. Hamilton said he didn't have &*UO, and yuartermain replied that the other would nave to find the money, and find it that night.

Henry Quartermain, husband ot the last witness, and a wheelwright, living at Doyleston, stated that he went to Timaru to do a job on June 9th, and returned on the 23rd. i Prior to June *>, his daughter had never been, away from home at night.. P* 21^ n September

Quartermain called Hamilton out of thn Doyleston Hotel and charged him with having had improper" relations with his daughter. "Which, one ?" asked Hamilton. CiuartermaiiT replied, "My youngest daughter, Sarah.'.- -, :Thcn Hamiltqn wanted to know where the girl was. - Told him she was at home. He then said ha would go down and, see her, and accompanied the father to his home. IJuartermain told his wife to look after Hamilton while he went and saw- Dr. Nathan and gave information to the police. Hamilton was at the house when Quartermain returned, and admitted to the lather that he had had improper relations with Sarah. ' "Top daughter, m his presence, stated that it had taken place on the first Sunday on 'which she was at the house of Hamilton. m his rage, then demanded the -sum of ±<S5Uu from Hamilton, aidd in^defaulS threatened to get him seven years. Later, tyuartermain cooled ,' down, and Hamilton agreed to pay all exes, if the father let him off.

To Mr Donnelly : Hamilton acknowledged that he -had interfered with tne girl and advised the father to keep 1 cool, as what had been done couldn't be undone. His wife told Quartermain that the doctor had told her the girl was five months pregnant. After vis&ing Constable Cdllett, •• he was conviidcoJ that there was a clear case against Hamilton, but was prepared to compromise the matter for £200. He told Hamilton he most find £50 by. the following day, when Quartermain said to the man, "You know my terms ; take your choice." He had never seen the child, and didn't wish to.' He acknowledged writing to Mrs Hamilton three weeks aftar the interview with Hamilton, dictating the terms on which Hamilton would be allowed, to retain his liberty. "He can either 'keep 1 his promise," .he wrote, "or have a few years' Work for his king and country. If he doesn't keep his> promise I will have, him arrested." Abater letter to Hamilton warned that individual that all arrangements re expenses wouid have to be made by November 6, otherwise he would find "himself m trouble.

Jonn Fussell, secretary to Werner and Co., Doyleston, confirmed the fact that Quartermain had left for Timaru on June 9to do some work for Wallis and Cooper.

'Tec. Jim, Kennedy arrested Hamilton at Doyleston on December 9. The accused made a signed statement to tho effect that if the child "came tau. his time," he should have to make the best of it. This statement was made to the Ralvarmy Home matron, whowantetl to know when the child would be, expected. Hamilton stated further that the girl had been got into trouble before she came to his place m June. Hamilton' also stated : "I never had improper relations with Sarah Quartermain."

Mr -Donnelly didn't elect to call evidence, and m his address to the jury said Hamilton was a contractor' at Southbridge, married, and with four children. He pointed out the improbability of the girl's story. Counsel then proceeded to review the evidence for the prosecution at considerable length, 6 and commented on the attempt of "the girl's parents to extort money from the accused. A girl, said counsel, gut a better hearing than a man when she gave evidence, and when a girl made a sexual charge against a man, it was hard to disprove it. It was probable that when a species of brigandage sach as a threat to get a person seven years was practised, a man with a wile and children would be tempted to temporise rather than take tfee risk. Was it not feasible that he should have tbe girl placed m a Home to determine the date of conception under such a threat? It : was not proved that Hamilton had re- ■ lattons with the girl m June, m March, or on any other date. The girl first mentioned that she went to the place on the- 6th, Hamilton' informed the police it was the fifth, and as the episode must have taken place not earlier than' June Bth to warrant these proceedings, it was Tor the prosecution to" prove that the alleged intercourse had 'been within six months. , Counsel £poke for two hours.

His Honor submitted three issues to the jury: (1) Did the accused Carnally, know the girlj? (2); If he did, was it onj the 6th or 13th June? (3) Was the girl under. ; the age of sixteen? After a retirement of half an hour the jury returned with an answer of "No" to the first issue, 1 ; which his Honor said was equivalent to a finding of not guilty, and the accused was discharged.