ASSAULT ON A CHILD

Otago Daily Times, Issue 16963, 27 March 1917, Page 3

ASSAULT ON A CHILD

MABTELA GRAHAM'S MENTAL CONDITION. Tho un&ccountablo assault committed at North-East Valley, on tho 10th inst., by a young girl on a child vras investigated in tho City Polioe Court yesterday, before Mr J. R. Bartholomew, S.M. Martha Graham was charged with committing adtual bodily harm on Edith Margaret Ashor, a child about throe years of ago. Margaret Ashor, mother of tho child, a resident in North-liast Valley, said that about 2.30 p.m. on tho 10th inst. her daughter, three years and two months old, was playing outsido in the street. She was missed, and about 4.30 witness met the accused, who said tho little girl had, been playing. About 5.30 the child was brought home. Tho hair was out oil', and she was bruised all over tho head, and had a red, mark around her neck as if ,'sho had been' strangled. Drij do Lautour and Allen wero called in to attend the child. She has not recovered yet, b\it complained of noises in the head. Prior to , tho assault tho girl was perfectly healthy. W.tncss only knew tho accused by seeing her going in and out of Mrs Steadman's hou&o. Frank Garnet Ashor (clerk), father of the httlo girl, said that at 4.30 p.m. on the 10th inst. ho went in search of the child, and found her in the bush by hearing her cries. Witness described the injuries, which were so serious that he did not at first recognise her. The accused girl, when interviewed, admitted- having assaulted the child by cutting her hair off and strik.ng her with her fists. Tho constable found tho rope produced about five yards away ' from the child; also a basket containing the child's hair.

Ireno Mercer, 12 years of age, deposed that on tho day of the assault she saw the accused leading the injured ch.ld across a crook, towards a hill. • Soon afterwards she saw the accused come running down the hill_ in an excited condition. She had a basket in her hand.

Dr Evans deposed that ho examined the injured child on tho 11th inst. He described the injuries. As a result of his examination of the accused in the gaol he was of op.nion that she had made a homicidal attack on the child. Her condition was the result of some morbid impulse arising out of an hallucination, and at the timo she was not' responsible for her action. Her intelligence was somewhat under normal. She was somewhat dull, and sullen, arid showed signs of cunning. She was, however, perfectly able to understand the difference between right and wrong, and was, in his opinion, fit to plead, although she was certifiable under the Mental Defectives Act. She was ono who required observation, careful training, and restrant for a considerable number of years, as from her family and personal history she was a menaco to society at largo. It was very probable, hi fact certain, that sooner or later such an attack would bo repeated with serious consequences. Eliza J. Steadman, residing in Carr street, North-East Valley, said tho accused had boon in her employ for about three months, and was licensed out from the Cavcrsham Industrial School. On tho '10th inst. tho accused obtained leave to gather flowers. Accused returned home about 4.30 p.m., saying she had run down the hill. She said she had met Mrs AsheT, who told her she had lost her baby. Accused said she had not seen the baby. Witness had nothing to say against accused. She was very kind to the children, and was never out of temper. Witness was warned that witness had a failing—kleptomania. Constables M'Enteo and M'Quitty gave evidence confirmatory of that given by other witnesses. Accused, who was undefended, was committed for trial at tho next criminal sittings of the Supreme Court, his Worship remarking that tho case was probably one that would be dealt with under the 33rd section of the Mental Defectives Act.

bedroom and looked for opium under bods. On coming out they said "You a good fellow nnd don't sniJce." The sergeant and M'Lennan on their visit said nothing about opium, but did mention it wlien they returned in uniform. Neither witness nor his brother smoked opium. About 10 months ago the police raided the place in search of opium, turned the place upside down, but found nothing. Chas. Kui, the other accused, said that when the policemen walked into the room whero his brother was seated his brother called out that the men wero taking his money. Witness ran across to drey's house. Ono of the police got hold of him and hit him to prevent him calling out and put his hand on witness's mouth to prevent him calling out. The police took witness back to his own yard. When the police heard the neighbours coming they let witness go and ran away. He and his brother called out that larrikins wero stealing their money. Afterwards several policemen in uniform came to the place and lifted up the blankets, but there was nothing there.

Jas. Grey, Margaret Barber, and Archibald M'lndoo deposed as to having boon asked by tho Chinamen to assist them, as larrikins had boon trying to rob thorn. Dr Church gave evidence as to the injuries tho Chinamen had suffered which, he said, wero such as could bo cauesd in a rough and tumble.

His Worship, in giving judgment, said that one thing clear was that the Chinese believed the men who turned out to bo police officers were after their money. The misunderstanding probably arose from tho late

hour, tho fact that they were nervous about t.ho largo sum of money they had, and tho further fact that the officers wore not in uniform. Tho defendants had not proved that there was anything improper in tho action of tho police, and it was probable they did not give them timo to explain, and could not realise what tho police attempted to explain. This was a serious charge, and it was more luck that greater damage had not been done with the pitchfork. While taking into consideration tho fact that tho Chinniiicn could not. appreciate the position as a European would, ho could not pass over the matter lightly. Each would bo fined £5' and costs.