ASSAULT CASE.

Thames Star, Volume LVII, Issue 15308, 5 June 1922, Page 4

ASSAULT CASE.

BEFORE THE COURT. A CONVICTION ENTERED. At the Magistrate’s Court on Friday before Mr. J. H. Salmon S.M., iGeorge Gavin was charged with having, on May 22, near Ngatea, indecently assaulted one, Ngawara Kahu, a Maori woman. Mr. Garland appeared for the defence. Sergeant. McDonnell, who conducted 1 the prosecution, outlined the facts of the case and called:

Ngarawa Kahu, a widow, residing at Waitakaruru, said 'that on May 22 she was riding to Kerepeehi. A man passed on a bicycle. At the junction of the roads the man was standing by his bicycle. They spoke at the corner, but witness passed on. Later the man came along and overtook her and offered some lollies. She took some chocolate. She ''told him where she was going and he asked if she was going to a dance. The man wanted to kiss her and she said that she was married. She was pulled off the horse, falling on her feet. Getting a hatpin she scratched the man’s hand. Witness fell forward and accused attempted to assault her. She struck him with a stone, so the man let her go and went

away 'towards Pipiroa. Witness, rode towards Kerepeehi. At Ngatea she met a Maori and told him what had happened. A'a Kerepeehi she told some women and later the police came. She had never seen the accused before. On the following morning a ! t Turua she identified the 'accused from among others. Next day with the constable she looked for the hatpin aib the scene of the alleged assault and the constable found it, as produced. To the Bench: She identified the accused as the man. To Mr. Garland: She did not quite understand English. She tried to give the constable a statement in English. The time was abofft 10 a.m. The spot was about 35 chains from the road junction. , She saw men working on the tele- [ graph line, but they were not m 1 sight all the time. Witness said f that she came from Tahuna. At no time had she kissed accused. Witness sang out, but did not scream. Accused kissed her. She did not say that she would inform the police, neither did she tell the Maori at Ngatea to tell the police. When the constable arrived at Kerepeehi it was the first she knew that the police had been informed. At Ngatea,Te Pene did not ask her what had happened. There were houses between the place of ■the assault and Ngatea, a, good distance away, but she did not complain at any of them. She did not tell anyone to tell the police. Tamati te Pene, of Horahia, said

that on May 22 he saw Mrs. Kahu at Ngatea,. who told him of the assault. He practically corroborated the evidence of the woman. He had known her for some years. To Mr. Garland: He asked the woman several questions about the affair. She did not tell him to ring up fov the police. To the Sergeant: He noticed mud on her clothing. Mrs. Rene Anderson, residing at Kerepeehi, remembered the occasion when Mrs. Kahu saw her

about 1 p.m. at witness’ house. Witness repeated what Mrs. Kahu had told her. Her coat was dirty , with mud Constable Pevereux stationed at Kerepeehi, said that on May 22 he received a complaint from the Kerepeehi Post Office, telephoned from Ngatea, that a girl had been assaulted. He saw the girl at Cassels’ place. There were several Maoris there. In consequence of what -witness heard he went to Turua and saw the man in question and taxed him with the assault. He 'asked to see his hands and found a fresh scar on the back, of his right hand near the thumb. Ho sfiid he had caused i himself. Mrs. Kahu identified him from among several other men. Witness then arrested him. Mrs. Kahu pointed out the place where she had been assaulted and a hatpin was found there. To the Bench: This place was about 31 miles from the bridge, To Mr. Garland: Ross’ house was close to where he found the pin, less than 100 yards. To on >he main road to Auckland. The accused seemed worried when witness first questioned him at Turua. The Magistrate suggested that the case should be reduced to common assault and on the police acquiescing this was done. The accused pleaded not guilty. Mr. Garland said that most of the facts as given by the witnesses were true, but. there had been no assault. He had kissed the-woman and she had kissed him. The woman was a consenting party. The accused, in examination, said he was 20 years of age. He left Waitakaruru on his cycle at 10.10 a.m. for Pipiroa. He saw fcho woman about two miles from Waitakaruru. She was riding a horse. She slowed her horse up, and looked back at him several times and smiled at him. He passed her, and later she passed him. They

fresh metal he had to get off the cycle. She then stopped the horse. He put his hand on the back of the saddle. She was laughing, and the bridle was hanging loose She made no attempt to push him away. She did not fall off, neither was she pulled off. There were three men on the Pipiroa Road in sight. : They could have seen witness and the girl. There was a man ploughing at Dalgetty’s corner. After she got off they spoke together. Later, witness got the horse for her and went on to Pipiroa, arriving there between 11.20 and 11.30. The girl was getting on her horse when he last saw her. He had no idea that the girl would inform the police or resented his behaviour. He was going to see a drain that was being put in by the Lands Department. To the Sergeant: The drain had been completed two months. It was at the Ngatea end of the new-ly-metalled road. He did not know why the girl told such a tale. He did not pull her off the horse. Witness admitted saying to the constable the words he used on the Turua wharf. To Mr Garland: The woman could have gone on had she wanted to.

The magistrate said that there was a great distinction between indecent assault and common as sault. The only evidence of indecent assault was that of the wo man herself. There was no specific complaint as to an indecent assault. The evidence was amply sufficient to carry the charge of common assault. The accused’s story was clumsy, and would deceive nobody. He would take into consideration the youth of the accused, and his previous good character. He would convict him and admit him to probation for two years, and be was to pay al costs of the prosecution.