MAGISTRATE'S COURT.

Colonist, Volume LII, Issue 12787, 7 May 1910, Page 4

MAGISTRATE'S COURT.

SERIOUS CHARGE AGAINST A YOUNG MAN. ACCUSED COMMITTED FOR TRIAL. The young man Charles Boyd was brought before Mr Evans, S.M., yesterday morning ,on remand, charged with attempting to commit .rape at Tadmor on the 13th April last. Sergeant Dougan appeared for the police and prosecuted, and Mr Hayes defended. • Having shortly outlined the case that would be presented. Sergeant Dougan called evidence as. follows: — Ellen Annie Biggs, wife of John Biggs, residing at Tapawera, stated that she knew accused. She met him at Tadmor on the afternoon of Wednesday, 13th April. On the way of returning to her home she .called at Brooks', whore accused and his mother ■ lived. That was something, after three o'clock. There were prosent Gilbert Boyd, his wife, and Charlie Boyd (the accused). She stopped till about a quarter past five, or a little later, TV-hen she l«ft to go to her home, which was about a mile away. She went by way of the terrace at the back of Brooks' house, along a track about three feet wide, known as the "back track," which part of the way went through the bush. Accused had left Brooks' before witness. The brother of accused asked witness to send accused back if lie was at her place when she got there. She met accused in the bush about 24 chains from Brooks', and about 47 chains from her own house. Griffiths, and Fitch's houses, on the Tadmor side, were about the same distance away from the spot as Brooks', and' were the nearest houses thereto. Neither of the houses ,were visible from the spot. She'saw accused walking through the bush from the opposite direction towards her. She asked whether he had been to her place, bit he did not answer. She asked tie question again and accused said "No,' that he had been looking round the bush for something all the afternoon. He was three or four feet away fro: a witness during, the conversation. Witness said that it would be gettn 4 too late for him to look for it. Ha ohen asked if her sou Frank was r.b home. She replied, "No, I told y< v yesterday that he was away, H.;r husband also was away. She sa d that she must hurry up, as her litl.e •nrl was at home with a broken arr.i, and would not know where she (witness) had gone. - ' Accused said, "There's whips of time." Witness asked him to allow her to pass, as she did not wish to step into the blackberries to get past him. He then caught hold of witness over both arms. Witness then stated what accused said to her. She screamed, called mm a jeast, and threatened to "smash" him if he did not let her go, and also said i>hat she would shoot him the first time, she saw -him. He said that he lid riot care, etc. Witness struggled, md tried to get away, but it was no use. Witness then described the curther struggle that took place, during which she was thrown to the around. Witness screamed, and accused said that it was no use screain(ng as no one could hear her. He tried to place his hands ovei -her month, but as he could not hold them there he tried to choke her. Witness continued to scream, and said that die would send for the police. Skin was scratched off her face, and her no;. e was bleeding. Witness supposed that accused got frightened, as he left Lar Her hair was let down, and she lost the hairpins from her head in the struggle. Her back was bruised by the ground; and her arms-were so stitt that she could not raise them to. her Head next day. She went home after accused left her, and reached the hov.se at six o'clock. Her nose was still bleeding, and her face was_m a terrible state. Her daughter Dolly, aged 18 years, and the little girl were the only persons at home when she arrived She told Dolly that accused had insulted her, and tried to get the best of her. Her daughter took a h J «indkerchief and wiped the blood from her face. She felt stiff and sore and very ill next day. It rained the next day but she. complained to Mr -Jiinzetfc two days later. There was no one to send' to her- husband, who was 25 miles away at Hope Saddle and her trap was away. She complained to Mr Kinzett, as he was a. Justice of'tlie Peace, and he promised to pee the police. At the time she went to Mr Kinzett she had marks on her face, 'and bruises oirhei neck andlegs. On the Sunday following .she went to Hope Saddle to see her husband. A blood stained handkerchief was produced as.that with which witness daughter wiped the blood from her idee. ■ Also a blood stained apron which witness said she was .wearing at the time of the assault, the blood marks being made by witness wiping her face with her apron. . Cross-exanimed by Mr Hayes: She had known accused about 10 or 12 ' years, and pretty weU. He knew her -sons who were 22 and 20 years of age respectively ■ welb.;He had been in and out of nep house frequently as a neighbour. Occasionally when -her husband and sons-were away he 1 ad - done little jobs,: such as xhoppwff her w<&d .for- her^She '- had not kno.ui ririvtp misbehave before. . At Ttbis sfcage :Mf -Hayes asked witness to sign her usual signature upon a piece.of paper-which_he handed her. This was cfone, and Mr Hayes then asked witness -whether - she - wote ftnote which he handed her. Witness said that she did write the note, quite two years ago ; it was not as recently as last Christmas.^ It transpired that .the note was to the mother of accused, -staking that accused should come oyer and cut some wood for witness. Later on M* Haves said tha* he attached no importanceto the note after the evifice It might- have been importresumed : Accused left Brooks' about an hour attet £S»' arrival. , She W remarked ;hat she did not intend to stay long ; She aid not intend to. stay till dark and she did not, as it was daylight wll- she got liome. The bush was high bush, and 0, cjnmp or about fattj acresl She was about a quarter of the way through it when she met accused, The spot was higher than any of the houserthat had been mentioned. She screamed a dozen times or more and loudly; Accused was able to keep witness down when she was thrown. Her was knocked, oft. .Her clothes were not torn, but her skirt was pulled down at the band. . JBhe did not tell Mrs Brooks on the , 22nd April that accused had tonithe clothes from her back. The track was hard bilt the undersprub was knocked down jn. the struggle, ti; rained heavily that night, and ' the next -two days were' wet. She was not frightened ot accused at first, but she got frightened of him afterwards. At the time she was carrying a guinea pig^w a tin.. She took both her hat and the guinea pig home. She was used to transacting business, but shedid not write to the police as she had not made up her mind till she got advice ; she could not get away "from the house. Gilbert Boyd was at her house on the 19 th AprilMmfc ihe && not see him, bne toSlier husband of what occurred wheii she saw, him o» i Sunday. He did not leayg Hope fc>Wdle to -take any action. She did nof make any complaint to tha police direst until Constable Fitzsimmons oair.g to her house. . Re-examined: She wanted to see her husband bef or©, she made any complaint': There had never been any 111---feelijigvwithaccused. . Elkabeth Alma Biggs, daughter of -the last witness, aged 18 years, gave evidence,,corroborative of her mother as to ;s£• date, the leaving of the , hous^^aM return. - When her .mother rfifcnrne^ she went straight ta her bedroSm, Witness foUowed,. and foW her niQther .sitting on the bed with Her f ace .on ich? ptflow, and cryirrg, .Witness asked w£a^ jros wrong, and her mother rephedj ' X'nv-^.earJy ki led ■"-■ "That beautiful Charlie BoyO" Wd insulted her Jn : tha bush. Wfcm she lifted^ her head Staess saw that there were

scratches on her face and blood, that her nose was bleeding, and her hair pulled down. Later she saw her mother's body, and there were bruises on the back, the hips and the' legs. Cross-examined: Her mother wa9 wearing the apron produced in court when she returned, also the jacket that she had on in court. They were in the same condition as on her mother's return en April 13th. Dr. Hudson lived a. mile or a little more from her mother's residence. He was not called in. The scratches remained on her mother's face about a week. Witness saw the bruises on the body on the 13th, the next day, and about two or three days ago. Gilbert Boyd came on the 19th April and wished w'tncss to go and look after Brook's house next day, the Brightwater Cou--fc sitting. day. She said that she would ask her mother when she came iio>.f. Her mother .said that she was not to go. but no answer was sent to .Boyd. William James Kiuzett, fafiiier, Tapawera, stated that Mrs. Biggs came to his place between half j^asiten and eleven on the 16th April. Soe j had. scratches on her nose, her rijiht thumb was swollen, and sho had marks on the right side of her neck as If previously slightly bruised. Sha asked his advice, saying that she thought that he was a Justice of the Peace. He advised her to see Mr.Geo. Macmahrn J.P., or -fche police. Subsequently -.v,tness informed the police at Brightwater on the 20th April. Cross examined : He did not see l < r hear from Mrs. Biggs between the itioh and 20th April. When he advised Mrs. Biggs to see Mr. Macmahon he said that she could not, as she had to go to the Hopi2 Saddle to see her husband. He was called as a witness 'n a case at Brightwater r pn the 20th on the side opposite to the Boyds. He had a conversation with Mr. Macnahon on the train on the way to tJ-o Brightwater Court. He spoke to the police of the case as he had daughters of his own and he thought that it was a case the police should investigate. He knew the track, it was high dry, hard ground through the bush. Re examined : On the morning of the 2Qtli April he received a message from Mrs. Biggs through Mr.- Fowler and it was in consequence of that he saw the police. ' ' i Bernard Fowler, labourer, residing at Mr John Biggs', stated that he was at the Hope Saddle and returned on the 15th April. Mrs. Biggs made a complaint to him regarding Charlie Boyd. Witness noticed scratches on Mrs. Biggs' nose. She also showed him a bruise on her leg ; on the shin. Witness took a message to Mr. Kiazctt on the 20th Apjril. Cross examined: H© had not had any conversation with Mrs. Biggs as to the evidence he would give that day. Re-examined : He measured the distance from Brooks' to the spot where the.assault was alleged to) have taken place; it was 24 chains, and Biggs' was 47 chains beyond. To Mr. Hayes: Frank Biggs with him when the measurements wore made which was last Sunday, the spot being identified from what Mrs. Biggs had said and what he saw himself. Frank Biggs was at home between the 15th and 17th April. There were signs of a scuffle at the spot from which the measurements were taken, the blackberries and scrub being knocked about. Constable Fitzsimmons stated that on 20th April he received a complaint from Mr. Kinzett at Brightwater. He went to Tapawera ou the 22nd to males enquiries, seeing Mrs. Biggs and others. He saw no marks on Mrs. Biggs and she did not mention having any marks. In, consequence of the 'n ■ quiries he arrested accused on the 26th at Wangapeka, reading the warrant to him and cautioning him. Accused did not say anything just then, but as they were driving m, he said, "If she says -I was up in the bush she tells ■ lies. I was talking to Joe Fitch at his. place at half-past five or six o'clock that night. Then I went across to our place and amused the. baby for Nelly, that's, my brother's, wife, while she milked the cow, and then sat. reading till, my mother, and Mr. Brooks came home at about haltpast six-or seven o'clock." Witness had said nothing whatever to accused about the case beyond reading the warThe Magistrate found, that there, was a prima facie case made out by the prosecution and he committed accused to take his trial at the Supreme Court on the 13th June, accused reserving his defence. . .