Resident Magistrate's Courts.

Bruce Herald, Volume IX, Issue 865, 22 December 1876, Page 5

Resident Magistrate's Courts.

MILTOX. Thursday, 21st December. (Before J. P. Maitland, Esq., R.AI.) UREACH OF THE BYE-LAWS. James Goodall was charged by Peter Jones, Inspector of Nuisances, with having, on the 9th of December, allowed his chimney to take fire. The defendant, who pleaded guilty, was fmed Is 6d aud costs. CHARGE OF P.OCUEUr. Charles Hilgendorf, John Macdonald, and John Ilollebou were charged, on the information of James Thomas Wilson, with having, on the 14th of December, at Waihola robbed him of £17 16s (id iv bauk notes, gold, and silver, by taking the same out of his pocket against his will, and with having used personal violence towards him. Mr D. lleid appeared for the accused. Macdonald did not appear, and the police stated that information had been received to the effect that he had gone to Melbourne. James Thomas Wilson deposed — I am a laborer, living at Tokomairiro. On Thursday, the 14th of December, I proceeded by train from Milton to Waihola to receive a sum of money from the Chairman of the Waihola Road Board, I arrived at Waihola at aboafc half-past one o'clock, and saw the Chairmanof the Board, Mr T. Hughau, who said I would be paid at Mr Hilgendorf's. He told me to go there in about tea minutes or a quarter of an hour. I went there at the time stated, and waited for about a quarter of an hour twenty minutes in the bar. Mr Hughan. came to the door of a small room off the bar, and called me inside. I went in, and received £17 16s 6d due to me. The money was in, bank notes, gold, and silver. There were three £-5 notes, two£l notes, half a sovereign aud some silver. I put the money into my trousers pockets. Directed I opened the door of the small room to go into the bar Hilgendorf caught hold of me, and ran me outside the bar door into the road towards his store. He got me nearly up to the store, when I begau to struggle with him. I struggled with him for some time, for twenty minutes or half an hour. He got me into the store once, and I got out again. I fell once. He tore all my clothes. At last he got me inside the store and locked the door, took the key out and put it in his pocket. He then conurienced to spit in my face, and asked me whether I would not pay him that money. I made no' answer. He sai'i be would have the money out of me . The accused Hollebon then knocked at the door and window, and Hilgendorf let him in. Two or three minutes afterwards Macdonald came, and Hilgendorf opened the door and let him in. Both those men had been present when Hilgendorr assaulted me outside. When Hollebon and Macdonald came in I was sitting on a box. Hollebon asked me why I did not pay Hilgeudorf. I asked him what he had to do with it. I picked up a little bit of biscuit from the counter, and then Hollebon took np a shovel and said he would feed me with it. I remained; in the store until about half-past five o'clock. Hilgendorf, Hollebon, aud Macdooald went out and in, but I could not get out though I tried, for the door was locked outsi.je. Previous to this Macdonald threatened to tie me up. At about five o'clock Macdonald got a rope from a beam and ioade a slip knot. He came behind me and put it round my neck. Hilgeudorf and Hollebon were present. He drew the knot rather tight, and I pi; 4my left hand up to nay neck. Hi.lgendorf said, "Don't make it too tight." Macdonald tightened the rope a bit, aud Hollebon pulled my left hand from my neck and tied both my hantfg iv front of me. Hilgendorf helped him to do that, and then asked me aga^ if I would pay him the money. I no answer, and he said h& WOUJi^ nave the money out o£ me. They Kept me in the same position for five or

six miriutes, or perhaps a litttle more. During the time I was ; tied, Hilgendorf said to the other two men, "Will you take the money out of his pockets? I know he has got it." They did not answer him, and did not attempt to take the money.; They kept me there a few minutes more,iand then Hilgendorf said, "I wilt do it myself ."■ He came up to me and said, "These trousers are mine, and what's in them belongs to me." With that he unbuttoned my trousers in front and pulled them down below my knees. He took all the money out of my pockets, and went round the counter Svith it in his hand. The other two men then let me loose. Hilgendorf then brought me what appeared to be some notes and said, " Jemmy, here's the balance," and put them in my pockets. My trousers were down, for I had not pulled them up. He then buttoned up my trousers and opened the door, saying I could go. He went outside before me. I waited a few moments, and then left the store. Hollebon asked me to have a drink, but I refused. Hilgendorf came back and said, " I will give you a receipt." He did not give me one, and I went away. He came after me into the road, &yd held up a bit of paper in his hand saying, " That's a receipt," but I knocked his hand up and said I would not take it. He ran after me two or three steps and put it in my coat pocket. I took it out of my pocket and threw it back at him. I never looked at it. I then went down the road. Wheu I got to Mr Paterson's hotel I felt in my pocket and found £2 5s 6d. I came up to Milton by the train that evening, and gave information to the police immediately. I produce the coat and waistcoat which I had on when I was assaulted. I had to get my clothes pinned up at Paterson's before I could come home. Tbe back of the waistcoat was torn down, and the sleeve of the coat torn nearly out. When Hilgendorf was taking the money out ot my pockets I told him he had better be careful, as he was doing wrong.

To Mr Reid — I owed Hilgendorf the money he took for a just debt. I have been in a solicitor's office for some time. I have known Hilgendorf for six or eight months, and during that time he has supplied me and my mates with provisions. Three of us owed him about £33 or £35. I have not paid Hilgendorf my money. He obtained a judgment against Brown and me in this Court a few days ago. One judgment was given against me for £11 4s and costs, and another for £17 5s and costs. Hilgendorf took hold of me at first and asked for the money. I told him to let me go, and he refused. I said it was a curious way of getting his money. I think I told Hilgendorf that I had other people to pay as well as him. I also told him that there was other money coming to me from the Road Roard and that I would give him an order for it. He said he would not take it. Tbe debt I referred to was to Julius, in Tokomairiro. Mr Julius knew that day tbat I was to receive the money. I believe he went there to see Reid of the sawmills, and not to get the money when I received it from the Road Board. Julius and I went straight from the train up to Hilgendorf 's. I intended to pay Mr Julius. Three women came into tne store while I was locked in. The men let them in and out. When the door was opened I did not see a policeman outside. I heard there was one there, for a little boy came to the window and said so. I suppose the boy was sent. I told the boy to tell the policeman to open the door. I did not call out. Macdonald, after he put the rope round my neck, told me be would pull me np to the rafter. I did not call out, because I did not think he could do so. There is about £17 of mine in the hands of the Board now. I offered Hilgendorf au order on the Board for £3 3s, which would be the balance after a judgment is satisfied. I have been told by the Clerk that it is doubtful if I shall get the £3 3s. Hilgendorf knew tbat. He asked me for the money before I got into tbe store. When Macdonald and Hollebon came in Hilgendorf told them that he was keepiug me there until I paid a debt. Hilgendorf told me once or twice that a bailiff was coming from Dunedin by the last train, and that I should be taken to tbe debtors' gaol. I did not believe it. I positively deny that I paid the money over to Hilgendorf. He took tbe money out of my pockets. I tried once to get out of the room, but it was not much good with two strong men there. Ido not think I could have got out of the window without breaking it. Before taking the money Hilgendorf said tbe hat and trousers belonged to him. I had given an order to Hilgendorf for tbose articles, and that order bad turned out valueless. If Hilgendorf had walked off ■with the hat and trousers I think he could be convicted of larceny. J. stood there with my trousers down, in order to let Hilgendorf put them up, as be took them down. After I*. was released I remained in the store for a few moments to ascertain Hollebon's name. Macdonald told me bis name. I know that Hilgendorf took this money for the purpose of satisfying a judgment he had against me.

Franz Julius deposed — I am a hotelkeeper, and reside at Milton. I went with James Wilson to Waihola on the 14th inst. He told me he was going to be paid some money coming to him from the Road Board. We met Mr Hughan, the Chairman of the Road Board, at the station. He told Wilson to go up in ten minutes and he would settle with him. I went with Wilson to Hilgendorf 's. I saw Mr Hughan call Wilson into a room, where he remained for about ten sninutes. When he came out Hiigendorf was alongside the door, and took hold of Wilson and went outside with him. X heard Hilgendorf say, "Pay me what you owe me '," or, "Pay me what I got judgment for." Wilson, refused to pay him. Hilgendorf took hold of and apparently wanted to gethiux inW the store. There was a

struggle hetween them: Wilson tried to get; away. By that time Mr the Chair-: man of the Road Board, came up, ; and said; to Hilgendorf, "if think you are going the wrong way to work about this. " Mr Hughan. said there were some £3 to come yet to Wilson, who might as well give Mr Hilgendorf an order for the amount., . Wilson agreed; to give an order for the £3. Wilson and Hilgendorf got into the store together, arid Hilgendorf locked the door. I did not see what took place inside. Wilson came up by the last train, and I saw him speaking to the Sergeant of Police. During the struggle outside I saw Wilson on the ground. His clothes were torn.

To Mr Reid— Wilson's clothes were torn before the struggle, but not so much as afterwards. I am not sure how tbey went into the store, but I rather think Wilson walked in in front of Hilgendorf. If Hilgendorf had used violence in getting Wilson into the store I must have seen it. Wilson was in the store once, but got out again.

Thomas Brown deposed — I am a laborer residing at Tokomairiro. On the 14th of December I went to Waihola with James Wilson to get money that was coming to us from the Road Board. After Wilson got his money, Hilgendorf got hold of Lim and they bad a struggle outside. Hilgendorf tried to get Wilson into the store. Hilgendorf kicked him on the ankles. I went for the policeman, and returned. Wilson was locked up at that time in the store, and I sent a boy to tell him that there was a policeman outside. I saw Wilson when he came out. He returned to Milton. To Mr Reid — I have known the prosecutor for some months. We both got our provivisions from Hilgendorf. I have not paid him yet, because I have others to pay. I got my money from the Board that day, and I have received a summons since. Joseph Graham deposed — I reside at Waihola. On the 14th inst. I was at Hilgendorf's place. Hilgendorf said something about having a prisoner inside. He pointed through the window, and I saw Wilson sitting inside the store. Hilgendorf asked me if I ever knew an honest man, as he had got a man who was not honest. I saw Wilson drinking with Hilgendorf afterwards. They did not force the beer on Wilson. They all seemed sociable enough. When Wilson came out of the store, Hilgendorf presented a receipt for money. I saw the receipt written. Wilson said " I don't want a receipt,'' and Hilgendorf put the receipt in his coat pocket. Wilson took the receipt out and threw it on one side. To Mr Reid — Wilson hesitated before aking the beer, but when Hollebon told him to drink it and be sociable, he drank it. When I was near the store with Hilgendorf the door was open, and I did not see anyone guarding it. Anyone could have got in or out. I was in the store once or twice. Neither Macdonald nor Hollebon were in the store then. Wilson waa standing near the store window. Re-examined — When I first (looked in at the window and saw Wilson the door was shut. This was the case for the prosecution. Mr Reid then addressed the Court, and contended that nothing had been proved against the accused, Hollebon. His Worship said that if an offence had been committed Hollebon was implicated. Mr Reid then contended that both Hollebon and Hilgendorf must be discharged. For the charge to be upheld it must be proved that the money was abstracted with violence, There was not the slightest evidence of any felonious intent ; and so far as Hilgendorf was concerned, he had a moral right to the money. Hilgendorf had a judgment against the prosecutor, who showed clearly that he did not intend to pay the amount. Knowing that Wilson had the money in his pocket Hilgendorf naturally concluded that he bad a right to it, and that it belonged to him. If a man made a mistake it did not make him a criminal. The prisoner thought the money was bona fide hia own property ; and when he took the £17 he had returned the balance to Wilson. That showed that there was no felonious intent. Mr Maitland was of opinion that there'was not sufficient evidence to maintain the information that had been laid. No doubt an offence of some kind had been committed, but, from the evidence, he did not think there had been a robbery accompanied by violence as set forth in the information. The defendant had no doubt acted foolishly, but the conduct of the prosecutor seemed to have been of the most extraordinary description. It was almost inconceivable to suppose that he was subjected to violence, for he appeared not to have made tbe slightest resistance or attempt to escape, cr to have taken any steps to defend himself, The information would be dismissed.