POLICE COURT.

Patea Mail, Volume XII, Issue 58, 26 May 1899, Page 3

POLICE COURT.

Tuesday, 23rd May. Police v. John Johnson Accused yeas charged with attempting to carnally know Nora Dempsey, a child under 12 years. Constable O’.Brian conducted tho case on behalf of the police and briefly gave an outline of,.the facts to be adduced and called—

John Lester, who, sworn, said: I am a platelayer on the Patea railway, and lived on the oast side of the Patea river, near Wilson road. On Sunday afternoon two of my children, accompanied by one of Mr Dempsey’s, left home and went along the Wilson road. I went up Wilson road and met John Dempsey, and went up the road with him. About half way up the hill, I heard children talking, and going forward saw the accused with A ora Dempsey. ... I asked him what he was doing there, and he came to hit me. His clothes were disarranged. When he came to hit mo I hauled off and knocked him down with a stick. He said if he had done any wrong he was willing to pay any money if nothing was said. He was referring to his action with the child. I handed the accused over to Constable O’Brian. The other children were about ten feet away from the accused and Nora Dempsey. They (the children) were talking loudly, but I don’t know what they were talking about. Cross-examined by Mr H. E. Adams: It was between half-past five and six. It was moonlight. Accused came on to hit mej so I knocked him down ; he got up again and I knocked him down again, and he went down the gull}' about twenty feet, and I followed him. Ee-examined: It was quite clear moonlight, and I was close to him. He was about a chain off the road, but probably on the road-line. John Dempsey, sworn, said: I am thirteen years old, and the son of Cornelius Dempsey, of Patea, and brother to the girl mentioned in the information. I remember last Sunday evening. My sister went away to play after four o’clock, and later I went in search of her. I went to Mr Oleimy’s and then to Wilson road. Mr Lester caught up to me on Wilson road, and went on up the hill. In going towards the hill I heard children “ singing out.” I thought they were crying. I ran up in company with Mr Lester to where the children were. I first saw the two little Lester’s and a little further on saw a man. . . L did not see the man’s face properly. They were about twenty feet oil the track. Mr Lester told me to run for the police and I caught hold of my sister’s hand and ran down the hill to fetch the police. I did not notice the accused’s clothes disarranged. I did not look closely at accused. Nora Dempsey, who on account of her tender age (a little over five years) was not sworn, identified the accused and described the assault.

Mrs Dempsey, sworn, said: I am the wife of Cornelius Dempsey and mother of last witness. On the afternoon of Sunday last my child Nora went out to play, and when I thought she was away too long I sent her brother John after her, and he brought her home. It would be a little after six. She told me she had been playing up the, gully and a man had hurt her chest. I took the child to Dr Oillon and had her examined.

Cross-examined by Mr Adanis ; The accused was not present when the child made the statement to me.

Mrs Lester sworn, said: I am wife of J. W. Lester, a previous witness and residing near Patea. My children went down Wilson Bead in company with Nora Dempsey. I was not anxious, as their biother was com ing down with the cows. Mr Lester went to seek the children, and I went immediately after. I first met J. Dempsey and his sister going towards their home. I met J. Clague, and after met my husband and W- Boyle with accused. I recognise him. I accused the accused of taking the children away. He said “No, Mrs, I did not touch the children.” I said if you didn’t touch mine you did somebody else’s, and that is the same thing. . . He said if he had done any harm he would make any amends, and never do such a thing again. He said it was the cursed drink that had done it, and if I would let him off he would join the Templars next Thursday. He said “ for God’s sake don’t send for the police.” I said I’ve already sent for them. Ho said he was a hard-working man and had never been in gaol in his life. I should think he had had some drink, but he knew perfectly well what he was

doing. Dr Gillon, [sworn, said: I am a duly qualified medical practitioner practising in Patea. I remember last Sunday evening. The child Nora Dempsey was brought to me by her father and mother for examination. Constable O’Brian was also present. I examined the child carefully and found no marks of violence on her body and no stains on her clothing. There wore no marks of assault. I later examined the prisoner and found no stains whatever’. » • • He had a contused

wound on the right eyebrow, which 1 dressed.

XL Cliartoris sworn, said : I reside on Wilson Hoad, I’atoa. 1 remember Sunday evening. I saw the el did mentioned in the information on that day opposite my place. I also saw the accused there and now recognise him. On that day I saw him with two children named Lester, and one Dompgoy —Connie and Xiossio Lester and Nora Dempsey. They were playing in the road when the man came along talking to the children for fully a quarter of an hour. I looked out and he had one child (Flossie Lester) in his arms kissing it. He said to the children ‘ come on, we’ll go for a walk up this way.’ He took Nora Dempsey hy one hand and the smallest 1 jester by the other, and they went along up the road and out of my sight. I next saw the children after hearing a scream from a child and at once ran out and met Mrs Lester just by the gate. I then saw Mr Lester quarrelling with the accused. When 1 arrived, whore Lester and accused were

j quarrelling I saw two little Lesters there, hut I didn’t notice any others. I did not see any other children on the road. I heard Lester accuse the prisoner. Lester led me to believe he had seen accused with Nora Dempsey and was then accusing him of it. Accused said he was an innocent man, ho went down the hill to have a sleep and told the children to go away, but they didn’t go. I understood from Mr Lester’s observations that accused had abused the child Dempsey, and the accused thoroughly understood, the nature of Mr Lester’s charge. He denied the charge one time and admitted it in a way another time. He prayed to God that Lester would spare him, and ho would promise never to commit himself again. I was present with accused then until the police arrived. Constable O’Brian sworn, said ; I am a constable stationed at Patea. On the evening of the 21st of this month I was told I was required on Wilson Load, and saw tho accused. Mr Lester, ■Mr Charteris, Mrs Lester and others not subpoenaed, present on Wilson Load. Mr Lester told me the offence accused had committed. I told the accused of his crime and formally arrested him, and conveyed him to the Patea lockup. On my arresting him lie made the following statement : ‘My name is John Johnson. I was going home from Patea when I met three children, they asked me to dance them up and down. The three children came with me to tho top of the hill, there I told them they had better go home that I was going into the gully to have a sleep. The girl came and lay alongside of me. I did nothing to her. Mr Lester then came.” On arrest the prisoner seemed to have been drinking but was sober at that time, and must have known •what he was doing. The arrest took place at about half-past six. I then had tho child Dempsey and her clothing, and later the two Lesters and their clothing examined, Dr Gillon examined the child Dempsey and Dr Stowe the two Lester children. There -were scudding clouds, sometimes dark, sometimes the moon beamed through the clouds, but not a dark night. To tho Pencil: Accused told me he had been about here for two years, but I am a stranger here and never saw him before, lie had be'on drinking, but I have not ascertained where he obtained liquor.

That closed the case and the Court stated they considered a puma facie case had been made out. The prisoner reserved his defence, and was committed to take his trial at the next sitting of the Supremo Court in New Plymouth. Mr Adams applied for the prisoner to bo released on bail.

Constable o’Brian hoped the bench would demand substantial bail, as the class of crime was considered a serious one.

The Court said under tho circumstances they would consider the quds tion of bail and give their decision later.