MAGISTRATE'S COURT.

Poverty Bay Herald, Volume XLVII, Issue 15220, 19 May 1920, Page 6

MAGISTRATE'S COURT.

I Tlie charge against William Plain m I relation to the alleged wilfully doing of 'an indecent act ( on April 26th was dismissed, the police not offering any evidence m support of the charge, i The charge of a similar alleged offence ' on May 12th was then proceeded with, tho I accused choosing to be tried by jury iv this case. | Charles Davy, boardinghouse-keeper, stated that accused lived m his house and occupied the room the window of which was the fourth from the rear of tho house, m the second storey. On May 12th, witness had seen the accused m thp , house immediately prior to the arrival of the police. I Constable Henderson gave evidence of visiting' the vicinity of tho boardinghouse m Awapuni Road about 3 p.m. on May 12, and taking up a position m company with Constable Murray commanding the windows facing Awapuni Road. About 3.40 p.m., while some children woro passing the house, he saw the accused come to the fourth window from the rear of the house, and perform ithe act complained of. Witness and Constable Murray had gone into the boardinghouse by the back staircase, and into the room corresponding to the window. The bed appeared as though accused had only just risen from it. Accused was found downstairs playing draughts with tho son of Mr Davy. . Accused was charged with the • offence, but made no reply. Ho was then arrested. Witness had seen tho accused at the window on two previous occasions, and had no doubt as to his identity. Constable Murray gave corroborative evidence as to the events on May 12, leading to the arrest. He had no doubt of the identity of the accused with the man who appeared at the window. Tlie incident described was clearly within view of tho road. Accused had nothing to say m answer to the charge. He pleaded "not guilty," nnd was committed for trial- to the Supreme Court at Gisborne on June 15.