POLICE COURT.—Yesterday.

Thames Advertiser, Volume XIII, Issue 3635, 24 June 1880, Page 3

POLICE COURT.—Yesterday.

lieforo 11, Kehwck, Esq,. K.M,

Abdcoxion and Hapb. — William H. Curnow was charged on remand for that he did, on the Blh day of June, 1880, at Auckland, in the provincial, district of Auckland, unlawfully take a certain young unmarried girl, named Margaret Elizabeth Hannah Ferguson, out of tho possession of Samuel Ferguson, her father, and against the will of the said Samuel Ferguson, sho being then an unmarried girl under the age of sixteon years, to wit, of the age of nine years., And that the said Wm. H. Curnow, on the Bth day of June, at Auckland aforesaid, feloniously did unlawfully and carnally know and abuse the said Margaret E. H. Ferguson, she being a girl then under tho age of sixteen years, to wit, of tho age of nine years. And that tho said W. H. Curnow on the ninth day of June, at Thames aforesaid, did unlawfully attempt to carnally know and abuse the aforesaid M. E. H. Ferguson, she being then a girl under the age of twelve years, to wit, ,of the age of nine years,—Mr Brassey appeared for the aeoused, who pleaded not guilty,—Mr Brassey asked Ihe Court whether the indictment did ;not contain three . charges p He thought it did, and considered it-was unfair to his client to have to meet three charges alleged to have been oommitted on three different days.-Mr Sub-Inspector Kenny quoted from authorities to show that the aotion of the police in oharging him with all tho offences at one time was justified, All tho offences were linked to eaoh other, and tho police had no other course to pursue but the one they had taken.—Mr Brassey commented on the action of the police as regarded tho laying of the iniormation; but His Worship hold that the courso taken by the police was one of expediency, and decided to hear tho case in tho way in which it had been laid.— Mr Kenny asked the Court whether it intended to hear tho case with closed doors.—His Worship saidhe had nopower to order the Court to be clearod unless it was shown that female witnesses would become nervous if such course was not pursued. As soon as tho female witnesses were called he would order the Court to be cleared; but in the meantime all boys would be turned out, as any of the evidence was unfit for their ears.—At the request of Mr Brassey all witnesses were ordered' out of Court.—Mr Kenny then stated the particulars of the case (which came out in evidence subsequently) and oallod Margaret Hannah Ferguson, an intelligent looking girl of 9 years, who deposed that she had a father, but did not know his .christian name. She was a half-caste and lived at Maku Point, near thoManukau Heads. Her father, mother, sister, and herself lived at home. Her father was a gum-digger. Sho knew the accused. He used to live at her father's house. She thought 'ho had lived with them for five months.. He came after Christmas and dug gum also. There were only two rooms in the house. Accused and her sister used to sleep in' the kitchen, the rest of the family sleeping in the other room. When aeoused first came to their house there was an elder sister staying 1 with them, and aeoused used to sleep in the kitchen with her. When witness was at homo she used to learn to write on slate and paper, accused teaching her. He also taught her to read, She remembered going to Onehunga with her father and accused, but did not know the date. They oame to Auckland the same day, s but sho and William (the accused) were too late for the Thames steamer. He was going to the diggings and sho to a school, He promised her father to put her to school, Her father-' was willing that Curnow should' put her to sohool, but asked him whether it; woujd be any trouble to him, to which he replied, " Oh, no." She did not know the name of the hotel they stayed at, but she should know it again if she saw it. When. they got to the hotel Curnow .asked the proprietor for a room with two beds in it, saying that she was afraid to sleep by herself, which was not true, as she always slept alone. He did not tell the publican that he was taking the girl to school. The room was given Curnow and they slept in it, she being in'one bed and he in the other. They both went to bed at the same time. Some time after going to sleep Bhe was awakened by accused coming into her bed. (Witness then described the assault, the particulars of which are unfit for publication). She did not like to tell any of the hotel people because she was ashamed. Tho next day they came to the Thames, and wont to the Wharf Hotel. Ho asked tho manager •for a double-bedded room, saying that she was afraid to sleep by herself. vThe man gave them a room, and they slept in it. They had separate beds, (Witness then described' the second assault). Cross-examined by Mr Brassey: She heard from her elder sister that accused used to live on the Thames. Her elder sister used to sleep in the kitchen with accused. Sho never slept in his bed, but had slept on a mattress at the foot of it Sho commenced sleeping in his room sometime after Christmas. She remembered Christmas, because her sister had moro food then than at any other time. There was a door bolween the two rooms. Sho always went to bed before her parents. William always went to bed after her father and mother. She recollected that two nights she undressed herself before him.. He nevor undressed himself before her. She did hot know the age of her elder sister, Her father had told her (witness) what her age was. Her fathor and Mrs fliehards did not tell her to say that she was 10 years of age. She told Mr Kenny and tho deteotive her age. Sho told Mrs Eiohards about the assault, that lady having asked her. Her mother was a Maori, and could not speak English, Sometimes for fun she had gone under tho bod rug with him. There were a lot of Maori boys living near Kauri Point. Sho sometimes went there. She had an aunt there. She went once with her elder sister, A Maori man, whom sho called Uncle Tinhu, lived near witness's place. Ho was step-brother to her mother. She had sometimes slept away from homo. Sho had once lived with the Maoris, round about. The Maoris lived in one room. She slept with the Cowell's, half-castes. She had nevor bathed with tho Maoris, At the. hotel in Auckland sho recollected saying to prisoner that there was somebody at the foot of tho bed, Sometimes sho was j frightened at being in tho dark. She 1 would not have boon i'rightoued had she

slept alone. "She did not tell Curnow that she was frightened, She was quite sure on this point, Ho struck a match, but nobody was found in the room. Before they went to bed he put a carpet, bag against the door. She went to bed first. She recollected telling him that he' snored like a pig. After putting the match out ho returned to his own bed. Tho detectivo told her about tho technical: torm's she had used when describing the assaults. She had seen boys naked but not men. The detective told .her to uso the teohnical terms. She was quite sure Curnow had committed the assaults. Curnow once before attempted a rape on her whilst she was digging gum, She was not Bure that no other person had not committed a similar assault on her. If they had she had forgotteu all about it Accused was drunk when he went to the Wharf Hotel. She know because she smelt liquor. She was not in tho habit of kissing accused. She kissed him when he first came to their house. After leaving tho Wharf Hotel they went to, another on the beach, and she 'slept, with the servant. None of the doors of the ■bodrooms either in Auckland or at the Thames wero locked. Ono day in the street ho tried to kick herho .was then drunk. She admitted she was rather headstrong. 'Sho would generally do what she meant to do, She sometimes told stories; She recollestod a row taking place .between, her mother, her elder sister, and her fatner. She did not know whether her faster got into a row in consequence. She -told some lies, and in consequence there was nearly being a row. She told the lies about her sister. If she thought she could get away from accused by tolling a lie she would not scruple, to do so. Accused said he had a good mind to send her home, and she said she should like to return to her mother. Mrs Kichards, of the Grahamstown Hotel, took her to her sister's house, Mrs Phillips.—Mrßrassey's cross-examination lasted two hours and a-half;—Mr Kenny re-examined the witness at some length, which concluded the girl's examination. It extended over four hoiirs.—Samuel Ferguson deposed that he was the father of the last .witness, and was a gum';digger. He lived'at Maku Point, Awitu, Mannkau. His wife was a Maori. He knew the accused, For five or six months he had been living and working with him. Maggie would be 10 years old next month. The document produced Was the certificate of the birth of tho girl, She was unmarried. Whilst Curnow was stopping with him he always found him to be very quiet and steady. Witness thought he was a religious man, because he never omitted saying]grace,and always read theological works, and did not work on Sundays. He never distrusted accused. He never knew, him to be drunk, Curnow used frequently to teach the child to read and writo.. tCurnow could ' not make a living at gumdigging, the article being scarce, and he said he would go to the Thames. He wanted to take the child, and she wanted to go, but witness at first was not willing. Her mother, however, said, " Let her go to a place where she can get some schooling," and witness withdrew his objection. He agreed to let her go. There was net a school within at least five miles from where witness lived. His daughter did not go with him as his servant. He never knew prisoner to take liberties with Maggie. If he had thought that he was going to take liberties with her he should not have allowed her to go. He thought Maggie left home on the ,Bth inst, They left in a boat and went toOnehuuga. The same day they went on to Auckland, and sold some gum which they had obtained at Awitu. "Witness then shook hands with prisoner and his daughter, and returned to Onehunga. This was about 4 o'clock p.m.. He never saw the child again until he came to the Thames. Maggie was not guilty of'telling lies Never to his knowledge had she told a lie. She was not a timid > child, and he did not think she would be afraid to sleep alone.—Cross-examined by Mr Brassey: She was not afraid to go out at night'for water. Of course she would be frightened to go any distance/ He had known her to be frightened when she had to go a long distance at night for water. She had not slept in a strange house to his knowledge. She sometimes slepv with: her mother in Maori houses when her; mother was travelling. ..The girl had resided with a Mr Bishop, of Epsom, for about 2 years. Sho was then only 3 years old.. It was not true that Bishop sent her home because ,he could not control her. Her mother took the' girl away because she was loafing. Bishop did not care to part owith her, There were a good many Maori men now living near witness's house. The girl had • sometimes been away from home for a week or two at a time. She was away at her relations. To his knowledge, she had not slept in a whare with Maori men,' Before accused oame to Awitu there were two Maori men living in a hut near witness's place. They were now both away. She ha'd never slept in'that house with she mon. If she had, he did not know anything about it. Sometimes the girl went to' a dance at a neighbour's'house. This was two years ago. The girl was then 7 years of age. When she was at school at Awitu she might have gone to a dance there. He had known her to swear in Maori, For a child, she had a very determined spirit. It was the child who first wanted to go with accnsed, Curnow promised to do the best he could in the mattor of schooling, He placed explicit confidence in accused.—At this stage of the proceedings the Court adjourned until this morning. There are five or six witnesses to be examined yet.