RESIDENT MAGISTRATE'S COURT.

Wellington Independent, Volume XXII, Issue 2568, 7 September 1867, Page 6

RESIDENT MAGISTRATE'S COURT.

Thtjbsday, Septembbe 5. [Before J. C. Crawford, Esq, R.M.] INDJSCBNT ASSAULT.

Robert and Edmund Austin appeared in Court' on remand, to answer a charge preferred against them by one D. OK Smale, of having indecently assaulted his wife, Ann White Smalo.

Mr Borluse conducted the case for' the prison* ei's.

The evidence given on the previous day by. Thomas Minifiu having been read over,.

Mrs Smalo was called, and her evidence went" to show that on Tuesday morning last, Robert' and Edward Austin came to the house she occupied— which is their father's property— and told her to pack up Ing arid baggage and leave tha premises. She refused to go out untilthe return of Mr Sninle, who was in town on business, and they at ence began to remove the. doors and windows. By-and-bye they agreed to await the return of Mr Smale, and to pass away the time commenced to play a two-handed- game of- cards, and to drink spirits of some sort, but what particular kind she was unable to any, .hot hating hud many opportunities of drinking liquor of any description. After a. time they requested her to join them in a glass, but she indignantly, refused, until seeing that they were getting somewhat the worse for liquor, a little riotous and very importunate she assented .to their oft-repeated wish and-' helped herself to a " wry lpetle ; oh, so little, your Worship," with which she regaled herself. The brothers then pressed her to take a little more, and ehe did so, but was none the worse, and retained her senses sufficiently to know that the two brothers commenced " pulling her about"* in spite of her cries, which were disregarded by the passprs-by. [The witness then proceeded 1 with much hesitation to mention several acts of' indecency that hnd been committed.} Mr Borlaso : You say Mrs Smale you drank very little of the liquor; can you tell me how much was ordered altogether ? Witness : I think there were three bottles of some white stuff — it might have been gin, or it mi^ht have been old torn — I don't know the difference. 1 only took a small sup and mixed it with 80IH0 cold tea. Mr Borneo : In his evidenco yesterday, Minifie said you were lying on the sofa drunk and insensible, is that, so? Witneß3 (with effusion) : Oh law, no sir, I tell you I only had a small sup and inked it in a little ten sweetened with sugar. Mr Borlase : Then if Minifie said you were drunk he stated whtit was untrue ? Witness : Most decidedly, sir. Mr Borlase : I do not wish to be hard on you Mrs Smale, but in the interest of my clients, it is my duty to make a few unpleasant enquiries. Have you been in the habit of being overcome by liquor ? - Witness : No, sir, I hardly know the taste of it, and have'nt for. months. I have never Mr Borlase : Stop Mrs Smale, not too fast ; ' were you never brought before this Court fotdrunkenness ? Witness (nftev some hesitation) : Ycb, sir, but I was not drunk, I was only looking for my husband. Mr Borlase : That was ono time, now about the timo you were found drunk in Morrow's ? Witness : I was only a little overcome then,, and was going home. Mr Bovlaso : That will do, I won't press theunpleasant enquiry further. We'll now comeback to Tuesday's nffair, Was any other woman drinking { n the house with you and the Austins on that day . Witness : Only Mrs Minifio, who lives under the same roof. Mr Austin poured her out some white stuff— gin you call it— into a tea-cup, but she refused to take it unless in-, a glass, and' brought a smatL wine glass and 1 Hudta- mouthful;. Mr Borlaso : Ah, she was v lady- of a refined' taste. The next witness examined was I)r Kilgour, who was called by Smale to prove that his wife was of weak intellect but the result of the evidence only showed that the witness had once attended Ann Smale eight months a<*o, and that she gave apparent symptoms then of one suffering from au excessive use of ardent spirits. Mrs Rush, a neighbor of the Smale>, deposed to having on Tuesday hoard Mrs Smule call out, and to seeing the two' Mr Austins drag her from the back door of her house towards the front. Francis Smnle, half-brother of David Smale,. simply was called to prove thut Thomas Minifte, the man who had given his evidence on the previous day, was sober when he ran down to report the alleged assault to Smale. This c included the case. Mr Borlase^ontended that there was no evidence to support the information which charged the Austins with an indecent assault, and proceeded to aay that tho two brothers had only gone to the house Smale occupied, which was their

rf&therY property, to turn tho family out c account of the complaints that have been made i tho woman Smale's character. • Hiß Worship considered that aprimafaciacm had been made .out, and unlesa evidence w brought to rebut it ho would be compelled 1 send tho prisoners ibr trial, aa tho Court had m the power of deciding ib. Mr Borlase expressed his intention under tl circumstances of reserving the defence, and tl prisoned were, botti committed for trial at tl next" Criminal Sittings, but admitted to ba -themselves in the sum of £50 each, and two eu ficient sureties in a like amount. The court was densely crowded throughout tl investigation. V. : ':;•■-•■•• ■*' ■ 1 •