Ruby Sarah Shoobridge

Man & Maid Merrylands

THE UNCLE BROUGHT UP ON REMANDFOR UNLAWFULLY ASSAULTINGHIS NIECE.

THE MEDICAL EVIDENCE, AND THEPROSECUTRIX'S CROSS-EXAMINATIONTHE DEFENDANT COMMITTED.

Robert Austin, on remand, appeared incustody at Parramatta on Wednesday last on acharge of unlawfully assaulting his niece, RubyShoobridge, a girl under the age of 14 years and over ten years, to wit, the age of 13 years.Mr. McNevin, P.M., presided, the other justices present being Messrs. B. Harper and J.W. Withers.Mr. nichnrdcmn nnneared for the defence of accused, and Sergeant Banks for theCrown.Sergeant Banks applied for the bearingof the case to be continued with closeddoors, and the Benoh made the order accordingly. 'Buby Sarah Shoobridge, re-called, said that ontbe last of the two occaaions on which her uncleassaulted her in the wasb-honse, he ordered herto do certain work, but she refused, saying,' Do it yourself, you dirty wretch.' A little while afterwards, Mrs. Hawkes, narse at tbe time to prisoner's wife, came to the wash-houseand asked was anyone in. Accused answered,' Yes, tbey ore all in.' The door was partly closed. Mrs. Hawkes did not remain, but passed on without saying anything farther.Cross-examined by Mr. Bichardson : Whenthe assaults were made in the wash-bouse, the inmates of the house were Mr. and Mrs. |Jessop, and the accused and his wife ; and Mrs. jHawkes arrived later. The bedroom wherethe aoensed's wife lay was about BO yardsaway. The relationship between the inmates -and herself was that they were her grandfather and grandmother and her nncle and aunt Sbe did not call out either time, as she didn't like to. She knew a boy named M&n&omMcAlpin. Had known him for abbot six months. The lady with whom she now lived— Mrs. Tompsett— knew that she knew McAlpin, aod her grandmother had said that people said that she went out for a walk with true. So it was. Ethel Jessep, witness's cousin, who lived at Liverpool, was at her grandmother's place on 22nd February. Witness did not nave a conversation with her about bovs. She asked witness if she bad a boy, ana witness said ' No.' Ethel Jessop was 15 vears of age. Witness's grandmother,when she accused witness of going out with young McAlpin, said that Mrs. Tompsett had told her so.Dr. William B. Violette, residing at Granville, deposed that he was a legally qualified medical practitioner, and Government medical officer. Last week, at the request of the police, be examined the prosecutrix, Baby Sarah Shoobridge (who consented to the examination). There was dilation beyond her years,but no inflammation, showing tnat thejdilation,which could have proceeded from many causes, was not tbe result of recent interference. It was not the normal state of aviginal child, and, ages and development apart,the girl was more like a woman who had borne ohildren than a young virgin.In ftna«»r to Mr. lltahordsnn. Dr. Vinlntte said (bat tbe four assaults complained of would, in his opinion, be insufficient to cause the conditions spoken of.Margaret Hawkes, a ladies' nurse, residingwith her husband at Hawkesvicw-street,Merryland6, deposed that she had known both the accused and the prosecutrix for several years. Witness attended as nurse on prisoner's wife, and recollected hor giving birth to a childon 11th October. It was witness's duty to goto tbe wash-bouse every morning, and on Wednesday, about four days after the child, von hni-n bKa IimiJ fVie uvtiMil irlmno nrJ«rs to the prosecutrix, and the latter answering, '' No, I won't ; do it yourself, you dirty |wretch.' The door was about tnree-parts :open. Witness said, ' Is anyone at home,' 1and prisoner answered, ' Yes, we areall at home.' Witness then askedafter the health of his wife, and he saidshe was alright. Then witness asked whatwas the matter with Baby, and was her .coldbad, as sbe looked as if she had been crying ;and Buby said ' Ye?, my cold is bad.' Sometime afterwards, the prosecatrix made acomplaint to witness, in which she accused theprisoner of misconduct.Maud Tompsett, wife of John Tompsett, ofMerrylands, deposed that she knew prisonerand prosecutrix. The latter made complaintto witness of the orisoner'a conduct. This was a fortnight after the prisoner's wife was confined, and in the course of a week or twoshe . passed tbe news on to Mrs. Hawkes andMrs. Johonseii.Cross-examined ; Witnes3 used to live withtbeJessops; tbey brought ber up. She didnot think they could complain o I her. Sheleft her home with them and went to servicebecause the accused was interfering with ber.It was not true that she wanted to marry theaccused. She never bad any liking for him.6he did not say that she would never restuntil she got prisoner's neck stretched.John Jessop, labourer, residing at Merrylands, deposed that Buby Shoobrige, who hadbeen living 10 years with him, was his wife'sgrand-daughter Her mother's maiden namewas Alicia Shepperd, and ber father wasGeorge Shoobridge. Her parents were bothdead. She was IB years old on the 10th or 11th of last November. The prisoner, wbo also lived with him, was married to witness's daughter. For tbe defeooe. EtLel Jessop, coos In of prosecutrix, deposed ;— When at home she lived at Liverpool with -her mother, Sbe was 16 years and 5 months ^old. Last week she stayed at Merrylands with her aant, Mrs. Jessop, aqd while there she met !her cousin, and the two bad a conversation by 'themselves. Buby asked witness had she aboy. She said ' No,' and Buby said sbe hadone. Witness asked her who It was,and ' she said, ' Manson McAlpine.'Witness had never heard the n&me before. Buby told her something which oaqsed witness to threaten to telj her grandmother, whereupon witness said, ' I was oq)ylarking ; it is not true.'Accused was committed to the Z-ar)ingharstgaol delivery.

THE UNCLE BROUGHT ON REMAND FOR UNLAWFULLY ASSAULTING HIS NIECE. '

THE MEDICAL EVIDENCE, AND THE PROSECUTBIX!S OBOSS-EXAMINATION' THE DEFENDANT COMMITTED.

Robert Austin, on remand, appeared in custody at Parramatta on Wednesday last on a charge of unlawfully assaulting his niece, Ruby Shoobridge, a girl under the age of 14 year and over ten years, to wit, the age of, I3 years. 'Mr. McKerin, P.M., presided, the otherjustioes present being Messrs. R. Harper and 'J.W. Withers.

Mr. Blohardson appeared for tho defenceof aooosed, and Sergeant Banks for th«Crown.Sergeant Banks applied for the hearing of the vase ,to be oontinued with closeddoors, and the Bench made the order aooord.' ingly. .Baby Sarah Shoobridgo, re -called, said that onthe last of the two occasions on whioh her uncle assaulted her in the wash-house, he ordered herto do certain work, but she refused, saying,' Do it yourself, you dirty wretob.' A littlewhile afterwards, Mrs. Hawkes, nnree at the time to prisoner's wife, came to the wash-house and asked was anyone id. Accused answered,' Yes, they are all in.' The door was partlyclosed. Mrs. Hawkes did not remain, bntpassed on without saying anything further.Cross-eiairined bj-l£r. Richardson : When the assaults were made in the wash-house, the inmates of the house were Mr. and Mrs.JeBsop, and the acoused and his wife ; and Mrs.*Burkes arrived later. The bedroom wherethe -accused's wife lay was about 30 yards away. The relationship between the inmates and herself was that they were her grandfatherand grandmother and her nnole and aunt.She did not call out either time, as she drdn'ttike lo. She knew a boy named ManBom MeAlpln. Had known him for about six months. The lady with whom she now lived— tin. Tompsett-— knew that she .knewMcAlpin, and W grandmother had said thatpeople said that she went out for a walk withhim ; but witness had told her that It was ontrue. So it was. Ethel Jensen,' witness's ooodn, who lired at Liverpool, ma at bSrgrandmother's place on 32nd February. Witness did not have a conversation with herabout boys. She asked witness If she had aboy, and witness said 'No.' Ethel Jessopwas 16 Tears of see. Witness's grandmother,when she aooused witness of going oat withyoung McJUpln, said that Mrs. TompseU hadtold her so.Dr. William B. Vldette, residing at Granville, deposed that he was a legally qualified medical practitioner, and Government medical officer. Last week, at the request of the police,he examined the proseontrix, Baby Sarah Shoobridge (who consented to the examination). There was dilation beyond her years,but no Inflammation, showing that thejdilation,which could have proceeded from manycauses, was not the result ot recent Interference. It was sot the normal state of avighul child, and, ages and development apart,the girl was more like a woman who had borne ohildren than a young virgin.In answer to Mr. Biehardsfin, Dr. Virfeltesaid that the four assaults complained ofwould, In his opinion, be insufficient to causethe conditions spoken of.Margaret Hashes, a ladies' nurse, residingwith her htq|pd at Hawkesview-Btreet, Merrylands, deposed that she had known boththe accused and the proseoutrix for severalyears. Witness attended as nurse on prisoner'swife, and recollected her giving birth to a childon 11th October. It was witness's duty to goto the wash-house every morning, and onWednesday, about four days otter the childwas born, Bhe heard the accused giving orderso the prosecutriz, and the latter answering,'No, I won't; do it yourself, you dirty wretoh.' The door was about three-partsopen. Witness said, ' Ib anyone at home,'and prisoner answered, 'Yes, we areall at home.' Witness then askedafter the health ot his wife, and he saidshe was alright. Then witness asked whatwas the matter with Buoy, and was her ooldbad, as she looked as if she had been crying ;and Buby said ' Yes my oold is bad.' Sometime afterwards, the proeecntrix made a complaint to witness, In which she accused the prisoner of misconduct Maod Tompsett, wife of John Tompsett, ofMerrylands, deposed that she knew prisoner and proseoutrix. The latter made complaint to witness of the prisoner's conduct. This was a fortnight after the prisoner's wife was confined, and in the coarse of a week or two she passed the news on to Mrs. Hawkes and.Mrs. Johsnsen. Cross-examined : Witness used to live with the Jessops ; they brought her up. She did not think they could complain of her. She left her home with them and went to service beoauM the aocused was interfering with her. It was not true that she wanted to marry the accused. Bhe never had any liking for nun She did not say that Bhe would never rest until she got prisoner's neck stretched.John Jessop, labourer, residing at Merrylands, deposed that Bohr Shoobrjge, who had been living 10 years with him, was his wife's grand-daughter Her mother's maiden name,was Alicia Bhepperd, and her father was George Shoobridge. Her parents were both dead. She was 13 years old on tile 10th or 11th of last November. The prisoner, who also lived with him, was married to witness's danzhter. *

For the defenpe.EtLel Jessop, oouain of prosecatrix, deposed :—When at borne she lived at Liverpool withher mother. She was IE years and 6 monthsOld. Last -week she stayed at Merrylands withher aunt, Mrs. Jessop, and. while there she mether cousin, and the two had a conversation bythemselves. Buby asked witness had Bhe aboy. She said ' No,' and Buby said she hadone. Witness asked her who it was,and she said, ' Manwn MoAlplne.'Witness had never heard the name before.Buby told her -something which causedwitness to threaten to .tell her grandmother, whereupon witness said, ' I was onlylarking; it is not true.'Aocused was committed to, the DarUnghurstgaol delivery. ? .? '

Morality at Merrylands.

AN UNCLE INDICTED AT THE METRO-POLITAN CRIMINAL COURT FORCARNALLY KNOWING HIS NIECE.

EVIDENCE FOR THE DEFENCE GIVENBY THE PROSECUTOR'S GRAND-FATHER AND GRANDMOTHER.

THE JURY ACQUIT.

At the Metropolitan Criminal Court on Monday last before His Honor, Judge Stephen, Robert Austin, a middle-aged man, was arraigned for having at Merrylands, in November last, carnally known his niece, Ruby Shoobridge.

 The prisoner, who pleaded not guilty, was defended by Mr. W. P. Crick, M.P. Mr. Wade prosecuting for the Crown. I 

 Alter Mr. Wad? had unfolded the case forthe jury, Constable Trevillian deposed to prisoner's arrest on februaty 23rd. Accuscd said, 'As sure as God is my ju.lgi I never bad! anything to do with the girl.'I

Ruby Sarah Shoobridge^c prosecutrix, deposed that she was 13 years of age last November. She detailed improper intimacies which defendant had with bcr on the dute charged, at her own bome, where he lived with bis wife who at the time was suffering from a confinement.

 Margaret Tompsett, wife of John Tompsett,of Merrylands, deposed to complaints which prosecutrix made to her of prisoner^ conduct.

 Margaret Hawkes, a ladies' nurse, residing at Hawkesview-street, Merrylands, deposed to some suspicions circumstances which she noted at an unexpected interruption of h dialogue between prisoner and prosecutrix.

 Dr. Violette deposed that the prosecutrix,being examined by him, was found to be unusually developed, the result partly of nature and partly of premature intercourse.

 For the defence, Ethel Jessop, cousin of the prosecutrix, deposed that the laitur told her of transactions with a lud, imoied Manson McAlplue, and when witness threatened to tell her grandmother, prosecutrix said she was only joking.

John Jessop, a Iaborercr, depose 1 to being the grandfather of the prosecutrix and the father-in-law of the prisoner. The former confessed to him and his wife that she had wrongfully accused prisoner, as it was ' the boys' woo were to blame lor ner catastrophes.

Mrs. Jcssop, grandmother of the girl, and mother-in-law ot the accused, gave similar testimony. She also certified that one of tbe Crown witnesses made a similar charge against accused, but subsequently withdrew it and admitted that she owed her misfortunes to little boys.

A girl named Hill, deposed that the prosecutrix told her of her calamity, but ascribed it to a certain boy, whose name she revealed to her.

 At the close of the ease, Mr. Crick addressed the jury on tho prisoner's behall urging tbe danger of convicting on such contradictory and feeble evidence.

 The Crown-Prosecutor having replied, and His Honor having summed up in prisoner's favour, the jury returned a verdict of not guilty.

 The accused was there upon discharged from custody.