RE-TRIAL OF FITZGIBBON

Southland Times, Issue 17060, 5 June 1912, Page 2

RE-TRIAL OF FITZGIBBON

FBEBH EVIDENCE FOB THE CBOW. At the Supreme Court yesterday morning before His Honour, Sir Joshua Williams, the re-trial was commenced of Henry Fitzgibbon, charged with a criminal assault upon a girl on 30th April at Underwood. The Crown Prosecutor (Mr W. Macalister) conducted the case for tlie Crown, while Mr H. A. Macdonald, with him, Mr J. S. Xeave appeared for the accused. Tlie following jury were empannelled; —Messrs John Blue (foreman), N. K. Barnett, Jos. Ayto, J. A. Plumridge, Geo. Simpson. F. H. Holmes, J. P. Galbraith, Geo. Henry, G. K. Langdon, Chas. Ellis, John Cook, and Herbert Hay. Mr Macalister, in opening the case for the Crown, reviewed at length the facts, and stated that fresh evidence would be called to show that the complainant had been seen on the Underwood road on the night of the assault, and also that accused had been seen and recognised on the same road not far behind her. Plans of the locality had been prepared. Oliver G. Goldsmith, surveyor, stated that he had made measurements of the roads and places involved in the case, and had prepared sketch plans (produced) which were correct within a very close approximation. The distance from Walaniwa to Stivehs’ Hotel was about four miles twenty-four chains. The complainant, Mary W. Smith, gave evidence in her examlnation-in-chlef on the same lines as In the former trial.

Cross-examined by Mr Neave: She would have got to the Junction Hotel before dark if she had not been Interfered with. When the motor cyclist first caught up on her the sun had not set, and when she got off her bicycle it was still light enough to see clearly at some distance. She did not think it was light enough for her to have recognised the passing cyclists even if she had known them. She had judged her assailant’s height to be about the same as her own. viz.. 5 feet 2 inches, because his cycle had such a low seat. She had not noticed his height when she wag struggling with him, David McJCaughton and Patrick Keady gave evidence similar to that given at the former trial. Mary Fotherlngham stated that she had judged the time of the screamingshe had heard, by the clock which had shown six o'clock as she went out of the door before hearing the screams. The clock was fast, as she knew by her brother-in-law, Mr Hhlnd, comparing It with his watch. It was about five minutes fast.

Bertha Townsend. Robert B. Stivens, and Adam Nelson repeated their evidence as given last week. William Bell said that as he was going out to Wallacetown by the bus on the night in question, a man called Riddell boarded the bus at Underwood factory. To Mr Macdonald: Witness saw Fraser and Torrens come into the hotel a few minutes after the motor cyclist passed. Neil D. Riddell, employed at Underwood Factory, stated that he had- gone out to Wallacetown by the bus on the evening of 30th April, arriving there between 5.25 and 5.30. On arrival, witness went into the bar with Bell and Nelson and had two drinks. He left the store to go home and saw a motor cyclist on the road about ten yards from the corner where the road leads up to Grieve’e store. Witness heard the cyclist, whom he recognised as the accused, call out to Stivens. The time was between 5.40 and 5.4 5, and it was quite light enough to see. He came homo on the outside of the bus, but saw no other motor cyclist on the read. He had known accused for twelve months. To Mr Neave; He saw accused fairly frequently, but could not say when he saw him last. Witness was interviewed by Detectives Cameron and Carroll on Friday night. Donald Grey, a lad of 15 years of age, living at Wallacetown, said he was at Wright’s Bush on the afternoon of the day in. question. . He.reached home between 5.30 and 5.45, and at that time the people were Just leaving the store after getting’ their malU Did not think the bus was then at the store. Witness then went away to deliver some milk, apd on his way home again he saw a motor cyclist going towards Invercargill. He recognised the cyclist as Fltzgibbon, whom he had known by sight previously. He was wearing a yellow overcoat. , A dray Was also on the road at the time, and a Mr Fraser was- riding a bicycle behind it. He heard the motor cyclist call out, “Hallo! - to someone in the hotel. It was then Tight enough to recognise people on the roadTo Mr Neave: Witness did not see the bus at all. Did not know the man who was in charge of the dray. Fraser was talking to him. He had been interviewed bv the police in this case. On the Sunday following the assault witness , gave Constable McClinchy and Detective Carroll all he knew about the case. Detective Cameron saw' witness either on the Friday or Saturday. To Mr Macalister: Witness gave a statement to the police on the Sunday mentioned. ’ Robert D. Fraser, caretaker of the Invercargill saleyards alongside Flank’s Hotel, remembered leaving the saleyards about 5.15 on Ih© afternoon of 30th April and cycling to Wallacetown. After he passed Underwood, witness met a lady cycling towards Invercargill. Witness caught up on Thomas Torrens, who was driving a dray’ Just after crossing the black bridge. He got oft his bicycle and walked up with Torrens to Wallacetown. As they were going up they met accused, Fitzgibbon, coming down the hill. He had a yellow coat on, and wore a Dr Jim bat with a Hsht band. As he passed, he waved his hand and said, “Hallo!” Considered he would catch up on the lady cyclist about Underwood.. To Mr Macdonald: It took witness half an hour to ride from the saleyards to Wallacetown. He met several factory girls cycling before he got to Underwood, but met only one lady cyclist after passing Underwood. Witness was not in the habit of taking special note of the lady cyclists or motorists he passed. It was a common thing for motor cyclists to wear yellow overcoats. Detective Carroll saw witness on- the day following, and Detective Cameron saw him last Friday night. Thomas Torrens, farmer, residing at Wallacetown. corroborated the evidence of the former witness as to meeting a young lady on a bicycle, and accused on a motor cycle. Witness recognised complainant as the lady he saw on the bicycle. To Mr Macdonald: Witness could not say be had seen accused wearing the yellow overcoat on any former occasion. He bad seen accused wearing a grey bat on only two occasions. Witness had never seen the young lady before. To Mr Macalister: Witness had been friendly with Fitzgibbon for some time, and had called on witness lately to ask where he had passed the bus. Detective Carroll gave evidence in his examination-in-chief similar to what ho gave in the former trial. The Court adjourned till 10 o clock this morning.