SATURDAY, DECEMBER 11, 1909.

Colonist, Volume III, Issue 12723, 15 December 1909, Page 4 (Supplement)

SATURDAY, DECEMBER 11, 1909.

' CHARGE OF PERJURY.. ■'' - "Iti order" to allow, a jury, to be empanelled, the case against Louis Schwass, of Hope, charged with having committed perjury" during the hearing of a civil action iri the Al'agistrate's Court at Brightv.-ater, on 2lst July, 1909, in which JUlizabeth B. Tebay was plaintiff and accused was defendant, was called upon. There .were four counts iri. the indictment. ; . .Air C. Y. Fell appeared for the Crown and. Air A. T. Alaginnity for the accused, who pleaded not guilty. The following are the jury :— Moss*-r John Scott (foreman), W.* J. Baird, H. R. Dodson, AY. J. Green, A. H. Barltrop, E. W. Frost, W. T. Hargreaves, H. AVimsett, P. A- AleDonald, W. McCoiichio, H. Baigent, F. L. Gaze.; ■-.;- ■"."■;■'. ' . . / Seveu jurymen who were called were ordered to stand aside by Air Fell, and four were challenged by Alr Maginnity. '•■■'..'■•'.'... The case was then adjourned until Tuesday morning at ten o'clock.' -..-■'. The waiting jurors Were then discharged from further attendance. ALLEGED, INDECENT ASSAULT. "' The case against AVilliam Henry' Joseph .Kingston; labourer, aged 55 years, "charged with indecently as£saulting a young woman named Elsie Brewertou, on September 4th and following dates, ( was then resumed Further evidence for the- prosecution was given: by '.Drs .'Gibbs and Andrew, J. AY. Brew ; erton, Dudley Brew;erton, Lorenzo Brewerton, Ellen •Juha Buxton, and Constable Fitzsinimoiiß," ■'' . j> At 4.15' p.m. tlie accused coinmenc ed his evidence, in defence of the charge, and at 4.30 the Court adjourned. • ■ the bearing in the forenoon the accused applied for medical as- , sistance, complaining that ho was ill, and His Honour directed that he be medically examined. Subsequently, however, tho accused said that tlie local doctors Avere prejudiced against him, and the case proceeded. AIONDAY— DECEAIBER 13, 19b'9. The case against AVilliam Henry Joseph Kingston a labourer^ aged 55, years, charged with indecently assaulting a young woman named Elsie Brewertoii, on September 4th and foilowing dates, was resumed. C. V. Fell appeared for the orown and accused conducted his own defence. Accused, who comanenced his evidence on Saturday afternoon, was called, and 'stated that he had nothing further te say. Accused was them cross-examined at length by Air Fell Accused's wife also gave evidence" and Ann Brewerton was recalled at the request of the jury. Accused theri made a statement, tie denied that lie had ever committed , an indecent act - on tho yompr woman, or on any other person^ aaul no person could accuse him .of insulting any female by committing an indecent offence He had treated men and women both yoimg and old in New Zealand and i\ew bouth AVales, and no complaint, until the present one had ever been 'odged against him. He dole-d auvon» to say that there ever had, and lie would not >0e afraid to meet any charges that might be brought agauist hrm. Accused said he had always borne respect for every female With whom he had come in contact— he had been a protector to them. AA-fien treating females he had always covered them with a. sheet or- rug and las thoughts had always been a\va\ from evil., and immorality. "He denied that lie had ever had improper relations with the .young woman, and qoinod that he had been guilty V i >u decent assault. Accused said that he nad notrthe power to mesmerise. He admitted that he had made misstatements, but said that he -had suffered ri-om his head, which, made him mix chings tip. A loft of his statements •vere untruthful— he confessed mat sinceTQly. iEte repeated, that ho was not guilty of indecent assault, and he hoped that the jury would do their ->est-for him. Accused acknowledged the fairness of Constable Pitzslm- - mons in . prosecuting enquiries. In conclusion accused said that if he over got his freedom he tvoidd never interfere with .anybody- again. He was guilty of making, misstatements, but in the name of God he was innocent of 'the charge. Air Fell said that lie did oiot-prouose to address the jury. If the acouaed asd- made, out .a-case he would have exercised his riglit, of reply. In summing- up His Honour said -that,; ;»s, had been stated by Air Fell, :n his opening, the case was an extraordinary one, and the greater -part was a question for tho jury to decide which sot-of witnesses was to. be believed. In tlie indictmenit v.ere seven separate counts, and His Honour proceeded .to describe, .what, in law, cpnr stitutecl an; assault. ' A pei-son who did anything to any 'female person with her consent, which but for such consent, would be an indecent assault, such consent being obtained by false and fraudulent representation as to tho -nature and quality of the act, committed an assault. - Tho question in this case, AVas something done mi those occasions. to this girl with her consent, which but. for her consent would be, indecent assault P Was such consent obtained by 'false representation ? "Were- such acts done by the accused in the belief that the young woman was suffering from complaints diagnosed, arid were such acts calculated to diminish these -complaints P If he was .a. charlatan or .a -quack, tlieirihis ; acts wbiiid be ari'iridecent as^ sanlt. AVas there any ground tor isuppticing that this man believed he had. the pow r er to aiagnqse these com•plftiiits ? and that'- his; treatment' was beneficial?.. If not then. the man Was eommittingan indecent act. The fact that the woman consented was no .answer .to the.chairge. The/accused pretended that he could diag..osopc(isoris by -holding; their"" hands. Oi corirse the medical/prcfessibii recognised, /that - ithe-re -was -^sometl'.ir.g ir. j suggestion for the crire of certain disI eases, but it was for the jury to. -state Whether they- believed this i; .vu. -Then they had : the evidence of'ivirt Buxton lis to the- extraordinary tfie.ory; regarding the tea cup-- an d 1 the accused, had teldrtheiri; that lie lied pyiver to read secrets in a. tea cat). This/ was entirely a matter of cotiimoiu -sense.' If the" accused lied no siioh power; and was duly douig thtise things for iniproper motives:, and the young woman consented, it was clear that tliey were obtained , by" false and f raudule nt re-presentation . : If " ' they found-that the accused wasa.quack", then: such .consents was' obtained/ by false reproseritatioii. It wasiaMiatftfr feu- -the jury • as to Whether/ the girls' „stories were true.. If the/girls' stories were riot true, then it was a most ingenious and. diabolical concoction ocr their part, i His Honour commented on the frankness of, the witnesses, and the- riianri^ iir. which they gave their : ovideuce,: : aridsaid.if the jury believed their story;" then it secriicd to"hirii 'tlia't.;the;'ih'a"-tter:'<Mided: If tlie: girl's story; nas truo^ "it: showed the pru-; rient aiid -disgusting character- of- the accused.- Against the gild's' 'stofy they had. the story of the. accused. Did; his story: make ib appear to. the. jury that ".lie": 'was- telling; the truth? ; It was riot quite / clear .what', motive

these , girls, would have in inventing theso stories. Was it to counteract the horrible stories of what was alleged by tho accused to have gone on in the family ? Did the story told by- the accused carry conviction to tho minds of the jury, or cast a reasonable doubt as "to the other story? If they believed the story of. the accused, then it cast a very lurid light on the case for the prosecution, but r : on the other hand, if the jury believed "the story of.. the- girl, then it cast a very lurid light on the-ac-cused's story.. It was for the jury to consider whether Elsie, Ann and Airs Brewerton would make a confidainfte of the accused. . Then as to the teaoup reading , according to the accused it started as a 'j6ke*hut it gradually developed, -until it became the basis of the whole story. In regard to. the "confession" made by Elsie, it was for the jury to say how much value could be attached thereto. He also commented on tlie allegations contained in accused's statecmen.ts, and concluded his summing up, which occupied an hour and a quarter, by putting certain issues to the jury.