f THE ACCUSED COMMITTED FOR I . TRIAL.

Otago Witness, Issue 2848, 14 October 1908, Page 33

f THE ACCUSED COMMITTED FOR I . TRIAL.

j The charges against George Edward ' Smith and Charlotte Elizabeth Smith of J having, between 'October 19, 1907, and • February 6, 1908, at Cattle Yards, wilfully ! j illtreated a girl under the age of 16 years in a manner likely to cause injury to her health, was continued before Mr H. Y. Widdowson, S.M., at the City Police Court oa Monday. There was a second charge against the female accused" of having illtreated the girl in a manner likely to cause her unnecessary suffering. Detective Herbert conducted the prcse- ' eution, and Mr Hanlon appeared for the two accused. j Carl August Pagel, fisherman, residing at Moeraki, produced a birth certificate of his daughter, the girl alleged to have been ill-treated. This showed she was born on February 7, 1892. The girl went to reside with the two accused against his will, and he sent for her, and received a letter from the male accused. The girl was healthy and strong when 6he left witnessss'a home, and she came tack " half a physical wreck." • She came back to witness's home on March 26. Witness received a letter from the male accused dated April 14, in which the latter addressed him as his " most beloved father-in-law." Witness wrote in reply. Witness examined portions of his daughter's body, and from its appearance it would not be thought she was born of white parents. It was all discoloured. The marks on her body resembled bruises caused fey flogging, the parts being black and blue. The girl was .not exactly' very obedient while -at i home,' but witness never heard of any wrong-doing on her part until this case came before the court. To Mr Hanlon: Witness thought the girl sometimes told untruths. Her mother now and again whipped her for telling untruths. Elizabeth Pagel said tha* she was taken ill and cent for her daughter (the girl alleged to have been illtreated). Witness went to Cattle Yards, and there caw her two daughters (the female accused and the young girl). Witness wanted to speak to the girl alone, but Mra Smith refused to leave them. The girl went to her room to pack up her things to go away^ but Mis Smith would not let her go. Witness left, taking the girl's clothes with her. The girl was to come in that' night but did not do so. On the fallowing day Smith came into town and brought a letter from Mrs Smith, and said the girl did not want to come home. Witness's son afterwards took the girl home to Moeraki, and she was taken to Dr Liddell. When the girl loft home she was in good health,' and , able to work and do anything. When she returned she was in very poor condition. Witness examined the girl's body and found bruises and burns, and these she described. To Mr- Hanlon: As far as witness knew the girl was truthful. She had punished her for telling untruths, but ve^y seldom. Witness did not see accused after the girl came home , Mr Hanloni Did not you see Mrs Smith ' at Moeraki in April, and smack her pver the fao3.— Witness : Well, I forgot about' that. I did not want to see her and Smith. I told her to go awajj;, and she put her foot in the door and would not go away. . - Mr Handon: It is strange you should forget such a nasty incident as that. — Witness": We-11, one gets excited when they' ', come into your place like that. I knew " they wanted to kill my daughter at any rat >• Hanlon: Did you smack your i daughter's face?— Witnes s: I just put my hand over the gentleman's shoulder and her epectacles fell off. I blanao Smith for the whole lot, but she- (Mrs Smith) was there, and allowed him to beat my daughter. She cannot have had any feeling for herself, her sist«r, or her mother. Detective Werd said cm April 15 he saw the female accused at her home, and told her that a complaint had been made to the police by her eieter, alleging that during the time she was living with them she had been flogged and very badly treated. He took a statement from her, and asked her a few questons. She said she -had been living at the Cattle Yards with her husband for the past year, and that about six months previously her sister had gone to live with her. In November last the sister went to Dunedin to stop with a friend from Saturday to Monday, and ' she did not return until Tuesday. She said she had enjoyed her holiday very j. well, and told them she ,had been to, the theatre with a young ' mam and * young woman. This turned out to be a falsehood. Witness related in detail a lengthy statement made by Mrs Smith, in which Mrs Smith said she had beaten, the girl with a sta-ap. She had been in bed at the time. Mrs Smith said that on another occasion 6he had given the girl a cut or two with a strap for breaking the cover of a butter dish. Mrs Smith had also made a statement with regard to hot water treatment of the girl for illness. She (Mrs Smith) had beaten her on several occasions for teLling lies, and her husband had beaten the girl for telling lies. The strap was a piece of leather which her husband had for mending harness with. The end was cut into tails. When her sister went away they destroyed the strap. They had no further use for it after she had gone. The 6braps for strapping the girl down were made of calico covered with 6Ugar bagging to make them strong. She (Mrs Smith) had sown a buckle on them. These were destroyed after her sister left as there was no furthr use for them. They found that | her 6ister was such a bad girl that they j made her keep a diary. Witness then read ! from his notebook statements made by the male accused, and said ho had told Smith why he had called upon him. Accused asked him if he- had seen the " day book," and on going to tine house Smith showed witness the book produced. Accused said his wife's sister went to them on October 9, and remained till March 31. He also said he had several times chastised her with a strap for -Eelling lies, and that his wife had also chastised her. Accused further 1 stated that the girl was nev*r made to sit in tho kitchen unclothed. Smith admitted that the story which the girl had told to the police was practicably true, except that ifc was grossly exaggerated- Other statements made by Smith were: Garments were placed on the girl with a padlock, and a pad with pins was al.so used. The day • book contained a list of all chastisements signed by herself, and it also contained confessions of her wrong doing. She v,&s en awful liar, and they knew that if she left them she would tell lies. They tried their best to make a good eirl of hex. as

they did not want her to go home and corrupt her young eisier. After the girl's return to Duaiedin they suspected that sornethkig was wrong with her. It was an unxruth for the girl to say that he (accused) h&d misconducted himself with her. Mr Hanlon said he could not contend that there was not a prima fapi© case against the male accused ; but there was no evidence- that the female accused had been guilty of cruelty. The girl he-Tself had stated that her sister had net been cruel to her, and had done her best to cure her of bad habits and of telling lice. Anything tiro female accused had done in the way of chastisemoiit was quite justifiable. Th<> mother of the girl had ako stated that it was the man who was guilty right throug'n. If the girl Vtated in the grand jury room what she had stated in court the female accused would not be sent for trial. There was not a scrap of evidence to show that the female accused was guilty of aJ3y act of cruelty. « Chief Detectiv* Herbert: Who put the girl over the boiling water. She was in bed for a fortnight after that. His Worship said he did not agree with counsel that there was no evidence against the female accused, and it was his intention to commit her for trial wkh the male accused. Beth accused were then formally oommitt^d for trial, no evidence being offered by the police on the second charge. "Bail was raased to £50 for the female accused, with tyro sureties of £25 each or one of £50, And to £150, or two sureties of £75 each, or one of £150, for the male accused.