SUPREME COURT. CRIMINAL SESSIONS.

Otago Witness, Issue 1897, 12 June 1890, Page 30

SUPREME COURT. CRIMINAL SESSIONS.

Thursday, June 5. (Before his Honor Mr Justice Williams and a Common Jury.) RAPE. George Cowan was charged with having, on the 25th of March last, committed a rape upon a child a little over 14 years, at Dunedin. The case as opened by the Crown was that the prisoner had assaulted the child with much violence and had attempted to commit the offence charged, and had technically committed it. The proof of the charge would rest on the evidence of the girl who had been assaulted, supported by medical testimony and the evidence of witnesses who had beard the screams of the girl, and of others who had seen the prisoner at or near the house about the time when it was alleged the offence had been perpetrated. When arrested, the prisoner asserted that he had not left the hotel at all during the day, but subsequently he said, " It's a lie — a lie — a put-up job. Did anyone see me assault the child ? I was in a house away at the back of the George for about 10 minutes." The Prisoner, before witnesses were called, wished to say that he had not been fairly treated. He had been arrested on March 25 Mr Hanlon, solicitor, had defended him in the lower court, and he trusted to him getting witnesses. He should have had eight or nine witnesses instead of three, but he did no,t know their name?, as they were strangers to him. On the Thursday before the trial Mr Hanlon told him the witnesses had not been found. He (prisoner) did not know what to do, as he was now undefended, and he did not get copies of the depositions till the 2nd of June, though he had asked for them several times a month before. Mr Phillips (the gaoler) said that the instructions were that prisoners who had no solicitors to defend them should get copies of depositions free, but if they had solicitors the depositions must be paid for. The prisoner had no money, but up to Saturday last he had Mr Hanlon acting for him. On that day prisoner told him he had no one to defend him, and that he wanted a copy of the depositions. He (Mr Phillips) immediately wrote for the depositions, and the prisoner received a copy of them on Monday morning. The police were also requested to get the witnesses named by the prisoner. Everything was done as soon as it was found that the prisoner had not a solicitor to defend him. His Honor remarked that it was quite clear no official was in default. The prisoner thought it was not right that the duty of finding his witnesses should have been entrusted to Detective Henderson, who had conducted the case against him. It seemed to him that the arresting constable was not the man to be sent to find witnesses for the defence. Mr Haggitt said that all the witnesses asked for by the prisoner were subpoenaed immediately, and were in attendance. The witnesses for the prosecution were then called and examined. For the defence, the prisoner called James M'NeiU, who deposed that he remembered the 25th Mftrcb. On that day he saw the priso'ifr in Wilson's Hotel in Manse street, about 10 minutes past 10, and then wont with him to Barclay's shop in George street. They had a " bit ot a spar" there and remained there about 10 minutes. Three others went down with them. Witness did not see prisoner again that day after about 11 o'clock. Charles Brooks stated fcbot on the day in question ho saw the prisoner in Wilson's Hotel about ha! f-p-«st 10 M'Ncill and prisoner were talking about boxing, and left the hotel about 20 minutes to 11, in company with n man named Daw&on. Late in the day — witness thought it

was &botit 6 o'clock — prisoner returned to the hotel. Charles Pearce deposed that on the 25th March he saw prisoner at the north end of the town, in Howe street, about 2 o'clock. By Mr Haggitt : Howe street is one street South from Duke street, which is the next street to the Water of Leith. Prisoner passed witness in Howe street going in the direction of George street. The prisoner, being sworn, stated that on the morning mentioned he went into Wilson's Hotel, and was some considerable time there. He met; M'Neill and had some talk about boxing. They went down to Barclay's, and after they had been a considerable time there he (prisoner) went down the street with another man. He came up the street again, and stood for some time at Brown, Ewing, and Co.'s corner. He then wenfc back to Wilson's, and was there all the afternoon until he was arrested by Detectives Henderson and M'Grath. He must also admit being at the house where the offence was alleged to have been committed, but after he had been there a little while he went away and went down to the lower end of George street, where he saw the witness Pearce, He was not again in the house that day. By Mr Haggitt : It was about 20 minutes past 1 when he went to the house. He went back to Wilson's hotel about 3 o'clock, or a little afterwards. After he left Pearce he went across to the North Dunedin Hotel and had a glass of beer there, going straight up town after he drank tho beer. The prisoner, having completed his evidence, addressed the jury, whom he invited to pay strict attention to discrepancies, as to time, between the evidence of witnesses for the prosecution, and submitted that the evidence showed that at the time at which the offence was alleged to have been committed he was at the end of George street— a mile and a-half away. Mr Haggitt briefly addressed the jury, and his Honor summed up. The jury retired at 3.20 p.m., and returned to court at 5.55 p.m. with a verdict of " Guilty." The prisoner, when challenged in the usual way, gave his ago as 34, and stated that he landed here in 1872. He had never been before the court in bis life until a few years ago, when be was charged with assaulting a man and fined 10a. He would ask ex-Sergeant Hanlon to state what he knew of him. William Hanlon, ex-sergeant of police, stated that he knew the prisoner in Port Chalmers in 1884 and 1885, when he served as a police constable under the immediate charge of wit« ness. He performed his duties satisfactorily, and was attentive and obedient. The prisoner made an unhappy marriage at the Port and seemed to have fallen off since then, but witness never had any reason to look on him as other than a respectable man during the time he was with him. Prior to that the prisoner had served in the pilot boat at Otago Heads. In reply to his Honor, Mr Haggitt stated that what wat known of the prisoner was substantially what Mr Hanlon had said. He arrived in tho colony in 1870 from Scotland; he was in the police force as stated ; aud there was only one conviction rgainst him, which the prisoner had himself mentioned, Latterly he had been very much addicted to drink. He had been earning his living, when he had worked, as a fisherman. His Honor passed a sentence of 10 years' penal servitude. The court rose at 4.5 p.m.