DISTRICT COURT.

Wanganui Herald, Volume XXXIII, Issue 9839, 4 September 1899, Page 3

DISTRICT COURT.

MONDAY, SEPTEMBER 3.

[Before His Honor District Judge Kettle)

Tho District Court opened this morning at 11.30 o'clock.

FALSE PRETENCES

Reginald John Ford pleaded guilty to obtaining, by false pretences, from Frederick Loveday, on six different occasions in July last — from the Ist to the 14-th — sundry articles of drapery and clothing, valued at about <£12. A statement was put in by accused to tho effect that he had been promised work at Castlecliff, aud while waiting ho stained drinking heavily, and foolishly obtained tho goods from Mr Loveday whilo under the influence of drink. He stated that he had no intention whatever of defrauding Mr Loveday out of his goods or money, and would have gladly paid for them by degrees had ho been given a chance. On these facts, and seeing that his folly had been the means of his wife obtaining a separation order against him (which of itself had been sc-vero punishment), and that he had two litllo children depending on him, accused asked his Worship to deal leniently with him. The Crown Prosecutor (Mr S. T. Fitzherbert) drew the attention of the Court to tho fact that accused had several previous convictions recorded against him — including two for theft in July of 1897 and in September of 1898— and on 23rd April last ho was prosecuted for failing to provide maintenance for his wife. The goods which accused obtained were taken straight away and soI3 for cash to a second-hand dealer.

Frederick Loveday, sworn, stated that the goods were given bolely on accused's representations that he was to obtain work at Caatlecliff, and that they would bo paid for. There wore no signs of liquor on the accused, who promised to pay for tho goods on the 15th. Frank Cofcman stated that when the goods wore brought to him ho made inquiries, but was assured by accused that they were his own pioperty. Accused was sober.

His Honor said that he had no doubt drink was the cause of accused's trouble, but that wa<3 no excuse. The best thing ho could do for him was to sentence him to imprisonment for twelve months on oach charge, sentences to be concurrent. Accused was accordingly ordered to be imprisoned for that term.

INDECENT ASSAULT.

Robert Michael Jones was charged with committing- an indecent assault on a, lady resident of St. John's Hill, and pleaded not guilty. Tho following jury was empannellcd : —Messrs R. Thomas, R. Hughes, T. Cody, IJ. Kiernan, S. Richards, H. M. Williams, J. Blewman, J. Hood, G. Morse, J. W. Hosking, A. Georgetti, R. Thomas. Mr Hughes was chosen fqreman.

Mr Fitzherbert said the charge was one of indecent assault. Ho was glad to say that it was nob one of lliose painful eases whore a very aggravated assault had taken place, but it was sufficiently grave to requiie serious consideration. The lady and her two daughters were going home late one evening after a concert. They passed accused by St. John's Club, and he followed them up the hill. 110 then walked alongside them, and when they turned down a narrow, lonely and (lark lane he accosted the lady several times. She look no notice of him, and ho then seized hold of her. She behn\ed with ;i great deal of presence of mind, and spoke to him so firmly and gavo him to understand that she would call for assistance, that he ran away. Thero was no douot as to his identity. The only question for the jury to decide was whether the assault was of an indecent character, lie would put it. to the jury as a definition, subject to his Honor's ruling, tliab if they thought, after considering the circumstances and the general conduct of accused and the position of tho lady, the act was done with indecent intent, it constituted an indecent assault. While the case was not so serious as many that had come before tho Courts of the colony, he wished tho jury to bear in mind that it would bo a bad thing for the community if respectable women could not walk along tho roads of Ihe suburbs without molestation, such as the lady in question had been subjected to. Evidence was given by Uio informant, her daughter, and Detective Bishop. The latter slated that whon he arrested accused lie said he only spoke to the woman. Jlis Honor briefly addressed (he jmy ami pointed out that if (hoy were satisiied accused's intentions were dishonorable or evil they would be open to say it was an indecent assault, but, on the other hand, if they thought nccu&ed was one of those silly men who followed peoplo with no intention but to inghten them they could return v verdict of common assault; or they might return a verdict that an assault had been committed with the intention of committing an indecent assault. Tho jury retired to consider their verdict at' 12.30. Tho Jury, after half an houi's dehbeiation, brought in a -verdict of guilty ot common assault, and recommended tho prisoner to mercy on. account of his palsy and general debility. His llonor remanded prisoner till Monday morning to enable reports from the Probation .iud medical officers to bo obtained.