ALLEGED ASSAULT AND ROBBERY

Auckland Star, Volume XXX, Issue 161, 10 July 1899, Page 2

ALLEGED ASSAULT AND ROBBERY

THE CASE DISMISSED.

At the Police Court tcr=day, before ' Messrs J. Clements and J, M. Morran, J.P.s two young men named Alfred James Lindsay and Paniel Llndeay were charged that OH 4th July last they vpbWd George Robert • B*n»m<m of a gold ring, value 30/, and at the time of such robbery did "se personal violence towards him. Mr W. J. Ptepie? appeared for the accusesd. i George Robert Hamiltoß deposed that ho w«* a canvasser for photo- : graph frames; and thftt he was m vie- ! toria street on the evening oi the 4th ! July with two men, One of the men j knocked at Mrs Lindsay's, but he could not get in- It was. after 0 p.m., and before half-past ten. A boy itng out, "Who's there?" The man still knocked. The voice inside said, "I won't let you in." The man said, "Open the door, or I'll smash your windows." The door was then openedThe two accused the» came running out, They ran straight at witness, 1 a»d got held of him by the neck, "Pan" Lindsay said, "Will you smash our windows?" and he then started pushing him down as far as the China" man's shop—twelve yards away. Witness said, ''You are making a mistake catching bold of me like this. I am not the man, "Pan." said, "Come on, come on; I'll run you in." Witness told him to Jet him go. Both accused then had witness, and they had had their hands around him. He had a. gold ring on his finger which his sister gave him—a gentleman's ring, value 30/. The accused first knocked witness down. He thought it was "Pan" Lindsay who pulled the ring off. The other accused got hold of his legs, and pumped Ws head on the kerbstone. Witness got up and demanded the ring back, but he did not get it. . Accused went back into their shop. They put the light out nnd came out three minutes afterw&r is. Accused got hold of witness a second time, and said, "You go away," Wil> ness said, "I want my ring," They said, (TU lock you up in. tne police station," la an«wer to Mr Napier, witness said he was in the lock-up that day, arrested with stealing an overcoat. He had served a month's im.prjs.pn" ment for larceny, and he was also ad' nutted to probation at the.Supreme Court for 12 months. He Ja«t canvassed a month, or five weeks ago. He had been living on £$ his bj-othey Charley sent him from Kaglan. His brother sent him money four times last year. He also earned money o» commissions. The ring stolen was on his finger, and he did not take it off the finger that night. He believed that he was in the Bricklayers 1 Arms before he went to Lindsay's, ftnd he met the two men he had spoken of in his evidence there. He dfdn ot ask any person in the Bricklayers' Arias tp take off Ws ring. He only hadj one drink that day. The roan who went to Lindsay'p had something to sell. There waar a big light'in the shop. Witness admitted that he did drink, and that he was arrested on the day after the robbery of the ring for drunkenness. Wm. Page, 13 years of age, page at the Star Hotel, remembered going home on the evening Of 4th. July along Albert-street, When he was coming towards Victoria ■> atreet two men were chasing another and threw him in the gutter, or he tripped. One was on top of him and the other was rifmost on top of him. They were struggling for two or three minutes, and Hamilton got up. The two Lindsays were the men who bad hold of Hamilton. The Lindsays went in the shop and came out again. Hamilton then pointed out the finger where one of the. Lindsays bad taken the ring off. In cross-examination witness said it i was a bright and clear night and he could see everything. He did not sea the Lindsays take the ring off Hamilton's finger. To the Bench: As soon -a. 8 Hamilton got up he asked Lindsay for his ring, He continued asking them for bis ring, and be followed them to th« door of the shop. Wm. Dyer, shopkeeper in Albertstreet, remembered a disturbance" in tlje street on the night of the 4th of July. It took place at the corner, He was standing at his door and walked up, Pc saw Hamilton and the two accused there. Hamilton was es> cited and reckoned one of the accused took a ring from him. He said he. would not go away until hg g9t W« ring, Witness did »ot see *»y other men but accused interfering with Hamilton. The accused lived nearwitness, and. he was pouitive oi their identity, They kept a second-hand jeweller's shop. In answer to Mr Napier witness said it wa? a well lit corner. He! would not like to say there was no! robbery. He heard Hamilton ask for ■ his rinjr when he got up. i To the Bench: Hamilton asked Und- j says' for his ping. He followed them j to their shop door and said he would not go away till he got it. Constable CaWU deposfl that on the night of July 4 he was en duty inj Albert-street at 10.35. He saw a num.. j ber of men at Lindsay's shop, Hamil-! ton made a complaint about accused! taking a ring from his finger, From j what witness, was told, he went into, i Lindsay's shop with Hamilton and brought the accused from an inner room into the shop. Hamilton said that Daniel Lindsay took the ring and that Alfred Lindsay held Mnj down. Witness went inside with accused and Hamilton pointed out the'accused who had stolen the ring. Both accused denied it. Witness subsequently arrested accused and charged them with theft. Accused were searched at the police station and. HO ring was found. tot; defence. Mr Napier said he would, call evi-t d»nce, It was properly a case which the bench could deal with. He submitted there was no case on, which a jury would, convict. Harry Fenwick, assistant at Lindsay's shop, said he closed the shop on* the night of July 4th, but was aroused when getting into bed by a knock at the door. The Lindsays at this time were in bed. There were threats that the windows would be broken if the door was not opened. Witness came i out and refused to do business after the shop was shut. The Lindsays

1 came out- to the ajnistanee of witaew and pushed Hamilton down the roid When they grot to the corner Dan' Jindsay aod Hamilton tripped at the kerbstone. Alfred Lindsay crossed the road and picked up Hamilton 1! w* and put it on his head. B^ »w no blows «truok, and he did aot ace a ring taken off Hamilton's flagon < In answer to Sub^nspector Wiljgn witness said there were three qj ? « QUtßide Lindsay?' door, He did. jwtt know who called out to open tbj floo? He had been employed at I4R.dlfcyi< i shop for two years, James Jphnston, bootmaker, claim* ;ed his expenses bafoye he gwe. evjdenoe, The bench advised him to go to Mr Napier, as ho was a witnawi fe r tho defence. Witness then sajd &« i»aw Hamilton, at the Brickl*y«pV :Arra on th<s nifht of the 4th J^U and he shouted s pmt ©.fb^r $ '.him- Hamilton alao had t.TO.BMft* j pints of beep. Witness at Hamilton'! i request took a ring off his finger. It I wae very tight and he succeeded. H*m- | ilton asked him to put the rinp oa again, but witness caulfl not do »0, EtnmUtoia wanted to sell the ring &nfl ' witn.es* said he would shew him Jjj , Lindsay's shop, which he did, a»d went an f*r as the door. WMa t% left the Bricklayers' Arms HanUtim ; had the dinj? in hia band, Hamilton | knocked, and kicked at Linanayi' dtoojf and used bad language. Accused eamn out and ruehed Hamilton te AlberHt, He did not see them fall}iv Napier said he would caU the aocufied if the bench thought fit. The bench held, there was not sufft* dent evidence and dismissed the ca»s,