WRONGLY CHARGED.

NZ Truth, Issue 243, 19 February 1910, Page 6

WRONGLY CHARGED.

MAORI WAR VETERAN TRIED

For Shameful Offences.

CASE BREAKS DOWN.

Judge Refuses to Allow Case to Go

to Jury.

In the Supreme Court, Auckland, on Monday last, a Maori war veteran, an old man 72 years of age named Joseph Waddell, was placed on bis trial on a charge of indecently assaulting two girls named Mary Henrietta and Rubina Brown, aged" respectively eight and ten years old. The parents of the girls are an illassorted couple, tiie lather being 80 years of age and the mother 34,, and their offspring consists, of four children. — two sons and two' daughters. They live .on a farm at Woodhill, near Helensville; and after many vicissitudes, ■ including a warning from . the police to leave town, during one of her loose escapades and desertion of hubby, : the 'mother is again at home, though her aged spouse occupies a room by himself and has. advertised that he will not be responsible for any debts contracted by her. Joseph Waddell, on the information of Henrietta Jane Brown, has been m Mt. Eden gaol for sis/.;weeks awaiting trial and without a ' friend m the world. He was defended by Mr J. R. Lundon. The first charge heard was that of m? decent assault on Mary Henrietta Brown, aged 8, between December 11 and Christmas Day. The girl was placed m the box and told a shocking story. Cross-examined by Mr Lundon, the child contradicted Grown counsel's opening statement and her evidence m chief, which rendered her evidence practically valueless. ■ - ' Mr Tole, K.C., called a second witness, and a similarly shameful state of affairs was disclosed, the admission being made that if the offence occurred it must have been .witnessed by numerous ' people, quite near. "■ His Honor promptly pulled the public prosecutor up and asked him if he thought it worth while' to proceed on such extraordinary evidence. ". Did he expect that he could permit such a case to go to a jury ? The Crown {Prosecutor agreed that to further follow the present course could only be futile, and Mr : Justice Cooper told the disgusted jury that there was no case whatever to go to them, and he directed that tfhe prisoner be discharged. A new jury 'being empanelled, Waddell remained m the dock and pleaded not guilty to a chrarge of carnally knowing Rubina May, ft. sister of Mary Henrietta.. The vchild then told the terrible story of having been tampered with by theac-. cused, and, incidentally, while under crossexamination, made . serious allegations against her brother. Mr Lundoai's cross-examination lasted a considerable time, and witness vacillated, contradicta4 herself, and was generally unreliable. The case again broke down, but Mr Tote said m justice to the prisoner, he would put Mrs Brown m the box, it being agreed to accept the sworn statement of the doctor presented m the dower court., . ■-

Henrietta Jane Brown, wife of Ephraim John Brown, stated : I reside at Woodhill. I know accused ; he came to work ;< for us on December II; he lived an a room opposite my husband's. I went to .Helensvilte on' December 21 and left Ruby at home. On Christmas Eve she made a .complaint to me, and oh the following day I took her to a doctor at Felensville.

Cross-examined by Mr Landon : I complaiacd to my busfcand and Waddell, and told the latter if I had an axe I would split him down, and he would be carried off the place. He said he had done northing to the child.' Brown did not want taccizsed to go ; he was going to build a little house for Mm. I told him if the 'house was built I /would burn it over his head. He gave, me his address before he went. I knew' a Frenchman named Bonveen ; he was kicked cut by brown because he was jealous of him. Prisoner spied on me, and told Brown I met the Frenchman. I -did not accuse my husband of a certain offence on Ruby. Mr Kettle told rae to go home and look after my children when I tried to get a separation from Brown. My husband got a letter from the Frenchman while 1 was away. It asked me to leave the old man and live with him ; it said, "We will have a cottage home . where sorrow can never enter." I told the Frenchman not to »speak to me again. I am not subject to hallucinations. Three doctors • examined

*ae ; they said I "was a very smart/ woman. Prisoner oerapJaitted of want of toofi and my iras'oaad said, '"When the Frenchman was here the tradesmen's bills jwere £14 per month; now we san't get' ■imything to eat. My husband has made all arrangements for a post reorient if Joe dies, as he says I 'will poison Lira.

The witness made many wild statements whenever she got a chance, and" 'Lawyer Lundon let her go without cheeking her. The doctor's statement negatived the^ allegations made against Waddell.

1 Mr Lucdcn pointedly suggested that Mrs i|Brown had wilfully caused the child inpjury to try and gaol Waddell, "who had< ;ftold her husband of her carrying on with hthe Frenchman.

At last, Mr Tole told his Honor he Would not take tue responsibility of going on, as the evidence was too unreliable, and Mr Justice Cooper told the ■jury to find a verdict of not , guilty. "You are discharged, prisoner," said nisi Honor.

"Thank you, yer Honor," said Waddell, and he wandered out free and penniless, .without the price of a bed, a feed, or a pipe of 'baccy, and a fit subject for the first officious cop. to arrest on a charge of having" no visible means of support.

A gentleman of the jury, who specially requested the press to suppress his name, called the old man to him, and, giving .him a half-sovereign, told him to get a good feed and pay for his bed for a, couple of nights, by which time he hoped to find light employment for him.