Transcript:Bendigo Advertiser/vLIIn15297p8

Wednesday, August 10th, 1904

Bendigo Supreme Court

Tuesday, 9th August:-
(Before his Honor Mr. Justice Hood and juries of twelve.)
Crown Prosecutor - Mr J. A. Gurner
Judge's Associate - Mr. Hood

Serious Charge

Serious Charge. A respectably-dressed young man, named Arthur Sydney Goltz, was changed with attempting to commit a capital offence against a girl 13 years of age, at Kingower, on 3rd July. Sir John Quick, instructed by Mr. F. E. Horan, of Inglewood, appeared for the accused, who pleaded not guilty. Tho informant deposed that on Sunday evening, 3rd July, she visited a friend's house, some little distance from the Kingower township. About 4.15 o'clock she left for home. She was accompanied by some friends part of the way, after which she started to walk home by herself. When a short distance from her parents' residence accused, who was riding a bicycle, overtook her, and asked the way to Tarnagulla. She directed him and he further questioned her as to whether her brothers were at home. On witness replying in the negative, prisoner made improper overtures to her, which she rejected. He then pulled her behind some bushes, away from the roadside, and struggled with her. Being foiled, he told her that her parents would not know. She ultimately reached her home, and informed her father and sister. Sir John Quick, for the defence, submitted that the prisoner was wrongly accused, and that the girl had made a grave mistake. Not withstanding the fact that the offence was alleged to have been committed on 3rd July, no efforts at identification were made until 23rd July. The girl at the trial at the Inglewood court identified the prisoner's brother as her alleged assailant. Counsel laid great stress on the fact that although the constable had made a thorough investigation of the circumstanccs of the case, a simple charge of common assault was laid against him in the first instance. Accused, who gave his age as 18 years, and his occupation as a laborer, residing at Tarnagulla, was then sworn. He stated that he rode over to Kingower to see his cousins, named Harvey, on 3rd July. He left for home about 4.15 o'clock, and passed four young women on the road rear the township. After riding some distance, he discovered that he had made a mistake, and turned back. He ultimately reached the finger post, and rode straight on until he reachcd his home. He denied ever having seen the girl in his life until the trial at the Inglewood Police Court. Sir John Quick said the defence was practically an alibi. Counsel analysed the evidence at length. He admitted that an assault had been committed by someone, but the prisoner was absolutely innocent of the charge. The Crown Prosecutor asked the jury to disregard the more serious charge. He submitted, however, that there was substantial evidence of an assault, having been attempted. He considered that the statements of both the girl and accused dovetailed exactly. His Honor having reviewed the evidence, the jury retired, and subsequently returned a verdict of not guilty, and accused was discharged.