A DISAGREEMENT.

NZ Truth, Issue 583, 19 August 1916, Page 2

A DISAGREEMENT.

Alibi Set Up. On resuming on Thursday morning the Court was cleared and disinfected, and a start was made on a batch of "indecencies." The first up was Edward Foreman, who was charged with having committed an indecent assault on a male. Tho "boy alleged to havo been assaulted was a messenger employed on the "Dominion" newspaper, and gave details. Another boy, a messenger on the "New Zealand Times" newspaper, also gave evidence, principally of the arrest. Mr. Wilford, who represented the accused, put all the witnesses through searching cross-examinations and succeeded In making a few flaws m the allegedly assaulted boy's evidence. Constable Jerrold told of the arrest of the accused. When asked why HE HAD RESISTED ARREST if he were Innocent, Foreman said, "Well, look at the position I was in — the father of a little girl five years of age, to be charged with such an offence." Subsequently he was charged with assaulting the constable and was fined 40s and costs. Mr, Wilford called th'e accused, Edward Alfred Foreman, who said that he had never seen the allegedly assaulted boy (m court) In his life before. He did not know tho date, even, of the alleged offence, until he heard It read out In the Magistrate's Court. The gentleman who had bailed him out (a Mr. Hlckson) was the first to give him the date and nature of the offence. On the night (or morning) of the alleged offence, he was at Mr. Harvey's, 70 Nairn-street, and stayed there until about half-past seven o'clock next (or the same) morning. On the night of the arrest he went to the General Post Office, whore he had a private box, as he expected a private letter, which he wanted to answer. After doing so, he went up the Kelburn-avenue to get a paper. This was almost half- past one m the morning. Ho found that he was a trifle early for papers, and was subsequently arrested. He was totally innocent of tho chargo as preferred against him. Mr. Meredith then took the colt In hand. Mr. Merodith: What is your occupation? — I have none at present. Well, what was your occupation of late? — Well, I have boon more successful than most people at racing and have not worked for about the last three years. How do you make your money, punting? — Yes. By betting on the tote? — Tes. And you make a good living by BETTING ON THE TOTE? —Yes. And do a little bookmaking, too?— -Oh, yes, I do a little betting. In further evidence, Mr. Meredith elicited that he had not acquainted the Smiths (the people with whom he boarded) with the fact that he hud stayod at Harvey's place, as he scorned to drag the people into the case. Mr. Meredith reminded him that he could easily have had the evidence of tho people who wero at Harvey's house on tho night of tho assault added to that of the Smiths, of Thorndonquny, who would be able to show that, he had not slept there (at Smith's) on that occasion. Ills Honor: How do you explain that you wero to meet this boy at Kelburnavenue and his evidence given on oath? — Well, your Honor, I've puzzled my brains about that and tho only thing that I can see is that there Is a master mind behind this. Mr. Meredith: You ran away, you say, because you had a letter which you wanted to destroy. Here witness explained that ho had got rid of tho compromising letter by screwing it up and throwing it m tho gutter as he ran away. Pressed for a reason for getting rid of the letter. ', Foreman said: "It concerned a horse , called Styrax and names wore mentioned In the letter which would have disqualified three men for life," His Honor: To shield three rogues? THEY WERE NOT THREE ROGUES. And yet they would havo been disqualified. Why, you told the police that you had a totally different reason for running away. Mr. Wilford took his client over some very rough roads and succeeded m clearing away some of tho clouds of doubt. Evidence was given by Maud Annie Harvey, who stood the wtrain of a rigid cross-examination very well: Jnnies Alexander Rowlands: Ernest Robinson, son-in-law of Mr. Harvey; and Aubrey Cecil Harvey. They each swore that the accused slept at the Harvey's house on the morning /they played cards from 10 till 12) on which the assault was said to have been committed. James Klemming. employed on the publishing staff of tb<* "New Zealand Times" nowspttprr. said that tt was impossible to Ki-t .i pap«-r from their ofhre before throe o'<;loi k at the very earliest. Alti-r the addresses to the Jury und Hlm Honor* trimming nj> Hie Jury Irej tired. and af'.-r r "isr hour*.-' deliberation liiey niiiiouiiH':i that they wero imftMe to airrc*'. nod svi.ro discharged. The Crown Prosecutor applied for and was granted a new trial. Prisoner was reuuuidkd until Monday.