The Mercury (Hobart, Tas. : 1860 - 1954) Thursday 16 May 1878 p 3 Article

SUPREME COURT.

CRIMINAL SITTINGS.

WEDNESDAY, MAY 15TH, 1878,

FIRST COURT.

BEFORE the Hon. Mr. Justice DOBSON.

. FELONIOUS ASSAULT.

John Ruben was capitally charged with feloniously, assaulting a girl named Florence Mabel Figg, on the 25th February. Plea, not guilty.

Mr. C. J. BALL defended the accused.

Jury: Messrs R Willing (foreman), Joseph Cronley, Thos. Johnston (the younger), Alex. Martin, J. H. Fleming, W. Andrews, Ed. Mace, R. W. Lucas, E. Hawson, Geo. Burn, Thos. Calvert, Christopher Calvert.

The Judge directed that women and children should be kept out of Court during the trial.

The ATTORNEY-GENERAL stated the nature of the charge, and spoke of the frequency of cases of this kind. The girl in question was ten years of age, the offence was committed at Oatlands, and when the prisoner heard the police were after him he ran away, and was apprehended at Campbell Town, and then he told Sub-Inspector Palmer that he had not been at Oatlands for five months, and he did not know the girl.

The witnesses examined were Florence Mabel Figg, Aldinga Albert Figg (her brother), 8 years of age ; Louisa Fish, aged 9 years ; Henry Robert Figg, Char- lotte Figg (the mother and father), John Dean, Dr. Willes, Superintendent Carter (of Oatlands), and Sub- inspector Palmer (of Campbell Town). The evidence of Dr. Willes threw doubt on the perpetration of the capital offence, and the learned judge said, with that evidence, he should tell the jury to confine their attention to the misdemeanor.

Mr. C. J. BALL said the prisoner denied the charge, admitting that he had been guilty of what might be called boyish play.

His Honor told the Jury the charge was reduced to one of assault with intent, and the question was whether they were satisfied that offence had been committed, if they believed it was they would find him guilty. They might also find him guilty of an indecent assault, or of a common assault.

The jury after a short consultation, found the prisoner guilty of indecent assault, and he was remanded for sentence.