Class: steerage
PPA New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 16, 23 September 1842, Page 2
Edward Thomas Fox stood indicted for an assault with intent to commit a rape on the body of Sarah Ward and also with a common assault.
Sarah Ward. ?I am the wife of James Ward, &c. The greater part of the evidence given by the prosecutriv is unfit for publication. She stated the assault, to have been committed in the house of Captain-Cole, : in Duppa?s Bay. The depositions taken before the Police Magistrate, on the 15th, 17th, and 19th August last, were then read by the clerk of the Bench, and the prosecutrix was cross-examined at some length by Dr. Evans. She strongly denied that she had ever received money from different parties to compromise charges of a similar nature to the present.
Major Durie. l am a storekeeper. 1 know Mrs. Ward, the wife of James Ward. We came out in the same ship together. I cannot say any thing in her favor. I know a young man named Thomas. I remember a dispute between him and James Ward. He and his wife endeavoured to establish a claim against .the firm of Durie and Miller, amounting, to .five pounds on behalf of Mr. Thomas Ward, which was brought forward in the Court of Requests, and given against Mrs. Ward. I do not certainly believe her to be a woman of virtuous character. I cannot say notoriously so. The general expression of- the public opinion is, that her morals are rather loose.
Cross-examined.l have heard Peter King say so, I have had no occular demonstration.
Henry Cole. ?l was seventeen years in the service of the Honorable the East India Company. I passed my examination as a commander in the service. I know Mrs. Ward, wife of James Ward. I have known her about three years; came out in the Adelaide. I was living in Mr. Duppa?s house in August last. The prisoner was employed there at the time. I remember Mrs. Ward coming there about the 9th August. She returned after she had gone away. I saw her return. I sent for her back, to have some meat and drink. I. did not go into the room. I thought it sufficient to give her refreshments without waiting upon her. I was in the house the whole time, excepting a minute once or twice to look at a little dog at a short distance from -the house. With the exception of these temporary absences, which did not exceed one minute each, I was in the adjoining room to that in which the offence is stated to have been committed. There is only a thin partition between the rooms, composed of scantling and half-inch board,' and I could hear the rustle of a newspaper, or the mewing of a cat. I heard no scuffle or cries. It was impossible that any thing could have occurred. I saw Mrs! Ward go out. It is my opinion she must have seen me
The Crown Prosecutor declined to cross-examine this witness, and said he would not offer any more, evidence, but remarked, that had this witness been brought at first . forward, most probably the case would, not have been? brought into court. The Judge told the Jury that. he. .would not go over the disgusting evidence which they had heard from the prosecutrix ; that of the last witness" must ,be fresh on then* minds, the two statements' were' incompatible, he left them to choose which they would believe/ The Jury immediately returned a verdict of Not,guilty. The Judge remarked, that no. doubt if the last, witness had been introduced before the'Police Magistrate, that gentleman would not have sent the case to a Jury. Perhaps it is as well for all parties that j publicity was given, because it gives the prisoner a better opportunity of defending his character. Dr. Evans, for the defence, said, he had purposely kept back this witness, as he was anxious to 1 put a stop to a system of extortion which had been going'on to a most frightful excess, and most likely the matter would not stop here. Edward Thomas Fox immigrated to from England to Wellington on the Olympus arrived 20 apr 1841 on 9 December 1840.
5 He was a Plumber in 1842.
1 He was a plumber Wellington in 1843.
3