SUPREME COURT.

Wairarapa Daily Times, Volume LXVI, Issue 11935, 24 March 1914, Page 6

SUPREME COURT.

SITTINGS AT MASTERTON.

Charge Dismissed. The chargo against Alfred Thomas Rafter, of iudecont exposure was continued Jit the Supremo Court yesterday afternoon, before Mr Justice Edwards, lifter we went to press. A girl 14 years of ago stated that she- had seen the offence committed, but, like- previous witnesses, was unable to say whother tho accused was the person or not who had committed the offence.

Percival Coi;bett stated that complaints had been made to him in regard to the offence.

Charles Seymour Smith, stationmaster at Masterton, stated that accused was guard of the train which passe 1 Solway on the date tho offence was alleged to have been eommitteed. Tne '••running sheet" kept by the accused •showed that the train did not stop at Solway on that day. A return ticket from Mastertou to Solway had been taken out on that day. Witness had no occasion to complain of accused's work nor had any complaint been made to him concerning accused's conduct.

Constable .Dunphy gave evidence of having arrested accused, who, on hearing tho charge, said, "Oh, some more of them."

Frances Burns gave evidence that she -\vatf went to Solway on v Friday in November She- could not remember the exact date, but knew it was the Friday at'ter tho "Tiny Town" entertainment, had been at Masterton

Joseph Arthur, advertising agent, .said that the "Tiny Town" entertain ment was at Masterton on November l.Oth and 20th. This concluded the evidence for tin; prosecution. His Honour desired to know if the jury wished to hear the prisoner or any inure or the ease. He was satistie 1 lLinise.ll: that there was not suilicient evidence to convict. The jury replied ii;. the ailinnative. Thomas Alfred Rafter, accused, stated that he had been between 10 and 12 years in the sen ice. The train on. which he was guard on November LOth and 21st did'not stop at Solway. Ho w.is not on duty on November 2Sth. The triuu passed through Solway at a rate of between 2f> and I'.O miles an hour. Ho denied the charge absolutely, and had never been guilty at any time in his life of the ofi'euco of which he was accused.

Augustine Quinn stated that he was engine driver on the train on which i/----t used wius guard on November LOth and 21st. A train not stopping at Solway would pass that station at from 20 "to 25 miles an hour. He had recently visited the spot, and from an investigation made by him he would say that it°vras impossible ..or the girls to havseen what they alleged Accused, had always borne a good character.

George William Braddell and -lames Alfred MeEwen gave evidence as to accused's good character.

This completed the evidence. The judge, in directing the jury, said that there was not suilicient evidence to cunvict accused. In the circumstances i'j was impossible for accused or any other man to have committed the deed the. children had said had been committed:. The jury retired at 4. i~> p.m., and returned at 4.2." p.m. with :•- verdict < f not guilty. Alleged Perjury. Arthur William IVtherick was rlia-;- ,- il with haviiiLr committed per.i'try <it the S..M. Court at M.asterton on Dec.ei'iber .12th last, in connection with ; n alleged sly-grog case. Mr A. 11. Bunny conducted the prosecution, and Mr i. L. ilolliugs, wirti Mr f'etheric.k, of. Wellington, appeared for accused, who pleaded not guilty. The following jury was enpanneilca: —A. H. Owen (foreman), F. E. Truscott. J. L. Winskill, -lolui Treader, :l. Remington, J). M. Oraham, K. Frat.cv, A. 1 , . Clapmais, A. Gray, C. Woodloy, .?. Bent ley, J. Sillars.

Ij. G. Reid. Stipendiary 'Magistrate for the district of Wairarapa., state;! that he presided at the sitting of tluCourt on December 12th last, and heard a charge against accuse.l of having kept liquor for sale. In giving evidence accused said that he was holding liquor for .several people, and was about to deliver it. Accused had produced certain orders for liquor. Ac-<-used paid that when he went to K. •'. Dagg's to deliver liquor, he saw Dagg, Dagy's man and some ladies. The case hinged on the delivery of the liquor. At this stage the Court adjourned till U) o'clock this morning.