ATTACKED IN THE DARK.

Poverty Bay Herald, Volume XLVIII, Issue 15794, 7 April 1922, Page 4

ATTACKED IN THE DARK.

CHARGE AGAINST YOUNG NATIVE

A young native hunted Mutu Rangi appeared before Mr. J. S. Barton, S.M., Una morning charged on two nifoniialions with committing an aggravated usupon a woman and u .girl. Mr. L. " r ' TV Burnard appeared 1 tor accused, who pleaded not guilty. Detective AlcLeod stud that tlic two complainants were on their way home to Hinaki street at 10.40 o'clock on Saturday Evening. In Rutene road they u-erc V followed by a man who swuiir on lo their backs and forced them oh to the ground. They screamed out and the man made across a paddock. He was - met by three young men, and he said "' that he had been attacked by two men. On© of the complainants gave evidence .«■ that she and' a companion were returning ~ Jrom the pictures about 10.30 p.m. They -V heard footsitcps coming behind in Rutene " Road. Witness, felt rather frighten- - ed; and passed the remark that '. she thought her son would be there tu meet her at the end of the sdt*t, .As she said that, the man.

""Swung on to their backs, putting his hands across their faces, and striking - witness on the nose, making it bleed. - He forced them on to the ground, and ~ they both screamed out "Murder, help, - help." She received a cut over the right * eye-. Their assailant escaped, and .she ■ was not able to identify him. She be'2. neved that he was wearing a thick coat. The otlier complainant; corroborated "." this ■evidence. It was too dark to identify the. man. :*; Howard Flavell said: that lie knew ac-

■ • cused. On. Saturday evening, at about .- 10!30, witness was in company with two ** others at the corner of Wainui Road and * an unformed road leading to Rutene '• Road. ;Thev heard voices screaming

"Help, .help; stop it, you brute." They ran in. the. direction of the voices, and they met accused, who said thai lie had been walking up Rutene Road, when Someone came .Tip and struck him. An Oilier man who had passed him jumped onto two ladies 1 who were in front, and then- accused ran away. Witness said that he saw no sign of anyone hut accused, who was wearing a military overcoat. Accused was holding his side when they met him, and he fell over, i To, Mr Burnard. witness said that before accused came, up he gave the appearance of having been hurl in the side.

. Harold'. Traill corroborated the evidence of the previons witness. They wanted to go. through to, Rutene Road, when they heard the,-&creams, but accused said: that he knew .where to find the other man, and hei.took-them.towards Wainai Road. \Vd!iam. Ed wards, who was with the two previous witnesses, deposed that the accused had 5 discouraged the proposal that the three should «o to Rutene Road. He took them back towards Wainui Road. .... Harold Loughei- said that about 10.40 on Saturday night, when on his way down Rutene Road, he saw. the two complainants. . They were very agitated, and ~. he saw them home. He had noticed no • one else> on the road. Detective McLeod, in evidence, said that On April 2 ho interviewed accused at/his home in regard, to a complaint -, made; by him the previous evening that 'he had been assaulted. He said that lie had not been feeling very well, and left his home about 10 p.m. to go for a walk. He went along Rutene Road, and' half • way. along towards) Hinaki Street he noticed two ladies walking in front. Then he heard two men walking behind. .One of ( them struck him on the side of the face and knocked him into the gutter. The other struck him in the ribs. , He was unconscious for a few seconds. • and when he recovered his assailants had 1 gone. He said that his shirt had been ;torn. Asked whether he was wearing a r heavy. military»overcoat he said "yes." In accoujiting for his torn shirt he said, • "They must have l tried to rob me." I There werer no signs on his face of having received any blow. On April 4 he -was arrested on the present charges, but I he denied all knowledge of them. The two complainants) were recalled by -His Worship, aud 1 asked whether it would |have been possible for a man to have "been struck and knocked into the gutter ".just behind them. - They both said that they were listening keenly during the time they heard • the footsteps behind them, and they did "not .consider it possible that such an ; incident) could have kippened without i their knowledge. • Howard Fiavell, recalled, said that ac"cuaed did not .see the three young, men 'until they stopped him. He was run- • ning, with bus head down. He said, "Help me.hpd him." Mr Burnard, for the defence, said that . accused .had been suffering from lung trouble,, and was,advised to keep in the fresh air. tin the evening in question he went for a walk in Kaiti. He was assaulted, and big statement would be supported by evidence. The mother of accused gave evidence

that his.health, was not good, and he had been ordered by Dr. Grain to keep-.in the open as much.as possible. Witness; saw him "when he camo home on Saturday evening. His face, was swelling,, and ho \ told her that hia shirt was torn, and that • he had a pain in hia side. To Detective MeLeod witness .said that the shirt was not torn when he went out. Accused did not tell her that he had been chased out of a shop doorway that evening... ; ~ Francis John Rowley, headmaster ot the Gisborne school, said that the boy had been at the school tor four years, leaving in December, 1920. He was a ■ good boy, and was very popular, being, elected prefect in. 1919, and captain of the. prefects in 1920. He was now 19 years of age. Hana Takina, of Kaitj pa, said that he saw accused.on Saturday evening at the pa. His face was swollen. Hikurangi said that ho saw accused • on Saturday evening, and he noticed that his ftice was swollen. , To Detective McLeod, witness said that accused came home that night between 12 and l.a.m. William John Wheeler said that accused had frequently come to his office on business. --In witness's opinion he was a good lad, and was even rather effeminate, i Samuel Pearson said that he knew defendant well. He was.very musical, and often spent evenings at witness's place. ,»•'■.■■'• Inspector Hutten, called by Dctec-tive-McLooif, said he was in the police station whim ■ accused made his , complaint. The-re were no .marks about bis'-filcc,'.; \His shirt was torn. He complained about an. injury to his side. He'' Siiid that when he. got the blow and knocked down some women in fr'qilt began to scream. 1 His';Worship said that the evidence for the; defence did not touch thcsmatter!at any.point, and was not inconthe police case. He would accept the evidence as to his previous gfopcharacter. There was tho testimirtriy; ,of the two principal witnesses, w : lj6 ■'heard- the footsteps following. They WQuld. be highly keyed up and Ijsfening; carefully. Nothing would attention. The man immediately ran away and met tho three young.'ip#» half-way down tho unused road;,;'''.Accused's story was that •he ky* in the gutter for some time, and t|en l :got',up. What happened must havoUak'cii place .right behind the womep.' There wcrc n 0 difficulties in accepting/the police case, but there Avcre''in', accepting accused's case. If aVcuVecJ'^ad ..bqen lying in the gutter for''sorne'time he would not have'met tfie'yQungmcn half-way. There weie no\grcMinds,,foi; disbelieving tho cvid'ence.of 'the chief witnesses. Accused'would.be convicted. bctcctiyo McLcod said that the youth had not been doing .any work,... Mr.Buriiard submitted that this was - due to : 'h|s illness. In view of his previous, cKa,racter, Mr. Bumard asked for the benenf of the First Offenders' Pro-, bation Act. H{s- Worship said that he could not \ do'.'that in a case of aggravated assault. • He would like to confer with DrKGunh. who had been attending accused. Sentc-fee was deferred until 10 a.mi to-morrow.