AN INDIAN CHARGED

Wanganui Chronicle, Volume 79, Issue 182, 6 August 1935, Page 11

AN INDIAN CHARGED

HAPPENINGS AT KAUANGAROA LENGTHY PROCEEDINGS EVIDENCE THROUGH INTERPRETER The time of the Wanganqi Supreme Court was occupied all day yesterday, following the findings of the Grand Jury, in hearing a charge alleging at tempted rape against an Indian. Bach int Singh, of Kauangaroa.

The Chief Justice, Sir Michael Myers, presided. Mr. N. R. Bain, Crown Prosecutor, conducted the prosecution and Mr. V. B. Willis appeared for the accused. Because of the fact that much of the evidence had to be taken from Indians, necessitating the use of an in terpreter, the proceedings were lengthened. Dulla Ram Lagah acted as in terpretor. The woman in the case, an Indian aged 20, said that she was living with her husband in a camp on Air. Campion’s farm at “Okirae. ” The accused, when the other Indians had gone to work, came into the tent when witness was alone with her two-year-old child and suggested that as he was younger than her husband she should go with him to India and he would make her very happy. If she was agreeable he would “mix the poison in the whisky” for the husband. Witness then gave details of tho alleged offence. Under cross-examination by Air. Willis, witness denied that accused had purchased goods for her, including underclothing. She maintained that it was her husband who had paid for them, and had also paid for her fare from Wanganui back to Kauangaroa on the day of the Indian hockey match in the city. If the service car driver said that accused paid the fare, she supposed her husband had given accused the money (8s) before coming to Wanganui. She defiied having known the accused except as au occa sional visitor to see her husband. The Husband’s Evidence The husband of the woman implicated stated that after accused had got awav from the camp, following the matter being reported to the police, the Indians saw accused high on a ridge making for the Turakina River. Witness gave chase and swam the Turakina River. Accused got into the bush first, but witness waited on the road and saw accused later on the roadside, with a stick in his hand. Witness spoke to him and asked him to go back home. Accused replied: “Can you take me back? I’ll beat you up and throw you into the river.”

“So, on one side of the road I walked along, and on the other side tre walked along,” said witness. Mr. Bain: You were both inside the fences, I suppose! Witness (through the interpreter): Yes. Witness said that he (witness) gave in. Mr. Bain; What do you mean bv that! Witness (through the interpreter): He was stronger than 1 was and I let him go. Afr. Bain: And you retired from IU? fray and returned to your camp! Witness: Ye& A!r. Willis: How old are you? Witness: About 40. Mr. Willis: And how long have you been married? This is the sixth year. Air. Willis: And did you tell that you were 25 when you married her! Witness: It does not matter whether I’m 40, 50, 60 or 80 years. She s|en me when I married her. Further cross-examined by Mr. Willis, witness denied having told another Indian that he had agreed to bring a false charge against the accused to get money out of him. Nothing had been said at -Campion’s abour getting the accused's £3O .from the Post Office Savings Bank before going for the police. Witness repeatedly denied that he had suggested that he wanted £BO from accused to stop the

case. His Honour: When was this supposed to be! On the day the Lower Court hearing was over? Air. Willis: While the hearing was in

progress. His Honour; But the police already had the matter in hand. How do you suggest he could stop proceedings if ho got, £80! Mr. Willis: It has a strong bearing on the defence I am going to raise. His Honour: Very well. But 1 can’t see how it can apply. Air. Willis (to witness): iDo you belong to the Indian Association? Witness: Yes. Air. Willis: And isn’t it a rule that disputes should always go before the association? Witness: 1 pay my thirty shillings to the association and that is all 1 know about it. His Honour: Does it matter what the association does? They don’t settle matters of criminal law, Air. Willis. Mr. Willis: I appreciate that, sir. The case was adjourned until ten o ’clock 1 his morning.