THREE CHARGED

Ashburton Guardian, Volume 63, Issue 246, 28 July 1943, Page 5

THREE CHARGED

AN INCIDENT AT RAKAIA. ALLEGED ROBBERY WITH VIOLENCE. TIMARU, July 27. On charges of robbery with violence, alleged to have taken place at Rakaia on July 6, Patrick James Houlihan, aged 26 years, John Francis Magneil, aged 66, and Frederick John Wormalil, aged 48, appeared before Mr Justice Northcroft at the Supreme Court today. The three accused pleaded not guilty to charges of stealing from Alan James Brown a wallet valued at Is, 16s 6d in money, and tobacco worth 2s; and at the same time as the robbery using personal violence to Brown. Houlihan and Wormald plead ed guilty to stealing from Brown a wallet valued at Is, 16s 6d in money, and tobacco worth 2s. Magniel pleaded not guilty to the charge. The tlmee accused all entered pleas of not guilty to a charge of assaulting Brown. They were represented by Mr M. A. Raymond. After a retirement of 20 minutes the grand jury returned a true bill. The Crown Prosecutor (Mr W. D. Campbell) explained that robbery meant stealing from a person and at the same time using violence. Brown said that he went to Rakaia at about 6.30 p.m. on July 6. He booked in at the South Rakaia. Hotel, where he met Wormald, whom he had seen before on a threshing mill. He had three drinks and then retired to bed at about 8.30 p.m. His bedroom door did not have a key in the lock, so he propped a chair under the door-knob to prevent anyone from forcing entrance. At about 10.45 o’clock he was awakened by the noise made by a mail coming in the door. This was Magneil, who was followed by Wormald and Houlihan. They asked for some tobacco and then Magneil and Houlihan held him on the bed while Magneil took his trousers from under the pillow, where he had placed them when he retired. Wormald was given 'something by Magneil. Witness said he had barricaded the door with a chair because he found that a suitcase which had been left in the room had been forced open. His tobacco tin, and wallet and contents were later found on the ground outside the window of Magneil’s room. Replying to Mr Raymond, witness said that when he was speaking to the three accused early in the evening there had been no mention of wrestling. He had not said that he had done some wrestling in his younger days. Wormald said in evidence that he had been drinking in a hotel sittingroom with Magneil, Houlihan, and Brown. There had been some discus-: sion about wrestling and Brown and Houlihan were demonstrating holds. Later when Brown had gone to his room and Magneil had also left to go to bed, witness and Houlihan went to Brown’s room, Houlihan going in the door first. Witness had taken Brown’s wallet from his trousers, which were lying on the floor. He then went to Magneil’s room, and after taking the silver from the wallet threw it out of the window. Magneil was asleep all the time. Witness said he went back to Brown’s room and returned to Magneil’s room with Houlihan. At no time during the evening was Magneil in Brown’s room, he said. It was not correct that Magneil had taken something from Brown’s trousers, and the door to Brown’s room was not barricaded. The Court adjourned until 9 o’clock this morning.