MUST FACE COURT ON SERIOUS CHARGE

NZ Truth, Issue 1175, 7 June 1928, Page 9

MUST FACE COURT ON SERIOUS CHARGE

Sensational Allegation Against Elderly Music Teacher k Made By Pretty Little Papil ELEVEN-YEAR-OLD GIRL'S STORY OF INTERRUPTED PRACTICE 1=™!!"!— i i .Nil " " «'| = 5 m m mil i sj

|1 (From "N. 2. Truth's" Special Duriedin Representative.) || || In his many years of trading in (the township r oj " PdlmtfsiOti South, John Henry Applehy has had to face the many trials |j |[ which beset the path to commercial progress and s success, but m the evening of hit lift— for fie is sixty-two — he is to face a trial || fl more serious than them all. The allegation against Appleby is that on Mdy sof this yedt at Palmerston South he committed a || |1 serious offence against a young girl ' between the age i of ten and twelve years. ', y

A PPLEBY has been the universal Jri. provider m Pailmerstoh South for

many .years. He is the local tobacconist, newsagent, stationer, photographer, apiarist, billiard- saloon proprietor and music teacher, while a few years ago, before . the' regulations governing, dental practice were tightened .up, tie even at times relieved the sufferings of members of the community by extracting a troublesome molar or two. , .

It was alleged lihat Appieby had betrayed his trust by debauching a young girl on some twenty occasions while she was at his studio learning music.

This was mentioned during: the case for the prosecution, which, was heard last week .m the antiquated courthouse alt Palmerston Soutli— converted some years ago from a church Into a seat of justice.

Throughout th& hearing, Appieby, a short, clean-shaven man with close-cropped hair embellished by a boyish curl, passed the time, intermittently chewing, making entries m a notebook and muttering to himself with his face partially covered by his hand.

The case was the sole topic of conversation m Palmerston South on the day of the hearing. The court was cleared.

.The prosfecutlon was conducted by Detective B. Farquharson.

The girl's father, a painter by occupation, said his daughter had been taking music lessons from the accused for the, past twelve months.

Originally she was learning the mandoline, but after Christmas she changed over to the violin;

She received tuition on Tuesdays and Fridays, , but sometimes she went on Wednesdays and Saturdays, these two latter days being as lessons. Her father had been charged extra for these sp'edial lessons.

In consequence of information he had received, witness asked his wife to 1 question the girl concerning certain happenings. Later he visitdd Appjeby's studio and demanded the girl's violin,' stating that she was not coming back for further lessons.

Appieby said: "It is all right, Charlie," and witness replied: "It is not all right. You know' wliat it is for."

Handing over the violin, accused remarked that he had done his best.

Whereupon witness declared: "It is a

poor best, after the way I have trusted you! I have a good mind to go arid' tell Constable Maggin."

Appieby expressed alarm, saying: "For God's sake, don't fetch disgrace on my wife arid family," to which witness replied that Appleby's wife and family and. his own wife were all that Were shielding him.

Under crpss-examiriatlori by Lawyer A. C. Hariion, witness said he never accused Appieby during the interview of touching the girl.

Counsel: But did you h'stve no conversation leading up io you taking the violin? Don't you think when he said: "I've done my best," he might have thought that you were taKihg the girl away because,, she was not making sufficient progress under him?— I told him he-k new, what it Was for.

But you did not actually tell him?— No.

The girl's mother deposed that her daughter would be , ■■ ■ •■ -■■ ■ - ■

eleven years of age

oh July 19 this year.

Lawyer Harilon: Is it not a fact that

the extra".

lessons

were given to iri'ake

Up short time caused through ihterruptiori during; the ordinary lessons?— Appieby did not. tell me that. He said he .wanted the girl fo progress* ._ At the conclusion of her evidence, the girl's mother bfplce dq\Vri and had to fee assisted out of court.

The principal witness m the case was the young girl, aL pleasant child with an irifeciious smile, displaying two rows of pearly white teeth; a!rid with big, appealing eye's which roved wbnderingiy.

In answer to the magistrate, she said she did not know what the, oaf li was,- but she knew sne would b;e punished if she ciid riot {ell the tru^h. The formal adult oath was not a'dmirii££ered.

With remarkably: clear and m6dulai|ed articulation, she proved a bright witness arid survived the long ordeal m the box heroically.

Didn't Tell Mam

Three days after school resumed fti February, she said, she went a message to Appleby's shop for her mother and m coriipariy with a girl friend. Appieby asked ttieriY it they would like £o see some comic papers and While witness w as behind the counter, Appieby, she alleged, interfered with her clothing, „ .. .. .... .. LaVyei- Hainlon: "That has nothing to do with £he charge!" Detective Farquharson: "As a matter of fact, instead oi bringing more charges' against . the accused, we intended to bring them out m the course of evidence." The magistrate intimated that the evidence could go m arid counsel's objection would be noted. The girl continued that her friend could riot see what Appieby had done. Afterwards she said: "What about coming home now?" and a few minutes later they left the shop.

She. did not tell anyone of the oc-

cuiyence . because she was too frightened-.

! The child then described an occurrence at Appieby' s studio on the following Tuesday night.

She lowered her voice almost to a wMsper is she gave the revolting details of an attack she alleged that Appieby rriade upon her.

The witness also repeated the words allegedly used by accused.

Impropriety occurred, she said, on about twenty occasions and accused told her not to tell anyone.

She tried to stop' him on some occasions and succeeded.

Apple"by locked {he billiard-room door and the shop door, giving access iti the studio, before lid commenced his irriptdper conduct.

A box of toys was produced, including; ft dqll, a toy fiiitYi arid irtm stand, a windrfi'ill, two forks' and a sp'o6ri, a' rie'edie-ftox arid & bo* of peads, which vv'efe' allegedly given by accused to

witness at various times after impropriety first commenced. He had also given her chocolates.

To Lawyer Hanlon, the girl said that sometimes her lessons were interrupted and accused had tola her she would have to make the time up by attending on Wednesdays and Sattirdays. She was given the doll to encourage her to practice.

She thought it was wrong that accused should do what he had to her and she did not like going back for further lessons.

Counsel: Why did you not tell mummy? — I was too frightened.

But, my girlie, you know your mummy would be kind to you? — Yes.

You know she would protect you against anything like this? — Tes.

You don't know why you did not tell her?— No.

Nobody else has ever done this to you? — No.

No one ever tried?— rNo. You must be careful, girlie, and tell me the truth? — Yes.

Did you cry when he did this to you? — No, but I sometimes tried to get away.

But don't you think the best way to get away from him altogether was to tell ' mum ? — Yes.

But still you did not tell her or did not think of telling her? — No.

Dr. Patrick F. Howden, who examined the girl at the request of the parents, stated that her physical condition at the time could be consistent with acts of impropriety.

Detective Farquharson said he interviewed Appieby on May 23, when he was asked for an explanation m connection with certain charges.

He replied that he would say nothing until he had seen his solicitor. He declined to make a statement. '

He said: "If you want me; I will come over to the office" (police station), "but don't make an unhdly show of me."

He repeatedly asked th© detective if he would have to go away that night.

Later m the day Appieby was arrested on warrant and made no reply when this was read over to him.

He reserved his defence and was committed to the July sessions of the Dunedin Supreme Court for trial.

Bail was renewed, m self £200 and one surety of £200, with the condition that accused reported daily to the police.