POLICE COURT—TE AWAMUTU.

Waipa Post, Volume II, Issue 67, 5 December 1911, Page 3

POLICE COURT—TE AWAMUTU.

SATURDAY, DEC. 2, 1911

(Before Messrs J. Mandeno, J. G. Elmsly, J. B. Teasdale, and J. L. Boyd, Esq., J”s.P.

Geo. Rigg, of Kihildhi, in the employ of the Agricultural Department, was charged by the police with incest. Sergt. Hastie prosecuted, and accused was represented by Mr J. R. Reed, instructed by Mr E. A. Cox.

Sergt. Hastie, in outlining the case for the prosecution, stated that the alleged offence had been committed on three occasions. The hearing of the case occupied the Court from io a.m. to II p.m„ the evidence of th<? chief witness taking up a considerable portion of the time. She was subjected to a searching cross-examination by counsel for the accused. The other, witnesses called by the prosecution failed to corroborate the girl’s story, and in some instances showed plainly that her statements were incorrect. At the close of the case for the prosecution, Mr Reed addressed the Bench. He pointed out the absolute improbability and uncorroborated nature of the girl’s story, which he described as having been manufactured for .the occasion, and referred to accused’s character as a man well-known in' the district, and incapable of committing such an offence. He stated that accused held the confidence of every settler in the district, numbers of whom had known him for 30 years or more. He pointed out that it was the duty of the Bench to throw out the case if in their opinion the evidence was of such a flimsy nature that no jury of 12 practical men would coavict, and he contended that in the present case the story recounted by the alleged victim of the crime was so improbable that no jury could possibly find accused guilty. He intimated that he was ready to place accused in the box to give evidence. Accused was then sworn, and gave the stories of the prosecuting witnesses an emphatic denial, showing conclusively that on two of the occasions on which the offence was alleged to have been committed, he was absent from Kihikihi. Sergt. Hastie subjected accused to a short cross-examination, but failed to shake his evidence-in-chief. At this stage Mr Reed askeo the Bench whether they desired to’ hear any more evidence, but was told that they were quite satisfied that no case had been proved, that the evidence of the prosecution was so weak that they could not possibly send •accused for trial, and that they were unanimous in dismissing the 1 case. A large number of highly reputable residents of the district had remained about the Court awaiting the result, and on • the senior J.P. announcing the decision of the Bench, ringing cheers were given for accused and his counsel, the decision being a most popular one.