MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 435, 18 February 1909, Page 9

MAGISTRATE'S COURT.

s POLICE CASES. - (Before Mr. W: G. Riddell, S.M ) , MORE ALLEGED GARROTTINC,. THREE MEN COMMITTED FOR TRIAL. Thee strong-looking men, .JoLn.Tiainor,-AY. . . Tlionias. and.'Gcorgo. Williams, aiiin . Craw- - 'ford, ".alias Wilson, alias Tlioiup.., ~, -weie charged that,'<hi,Februa.ry..B at V>. ilington,' : they..'did -assault one James Cartel and rob him'of 6s. m inouey. : Sub-Inspector Phair conductcd the case for tho-prosecution, and Mr. 1 Kirkcaldie: appeared " for the accused v) ihe Assaulted Man's Testimony. , ;; Jinries Carter,. labourer, - residing in Petoi , i ' left his noihe at abput- . 3 p.'m; son '.Febrilary S and. went to the...io j v... -vAroJ-railway•.-station.-: Subsequently ho wont - to 1 Messrs. Baker. Bros. 1 , office in , Laiiu/^oii : '; ; Quay.;''andVgot. v a • cheque, f or 305.,-.which-ho = : -.cashed;at ouce.'- ;h'ad; adrml^at"; the. £-/Coffiercial ;Hotel,;..wJien^ T ;,:he^cashftd -v:the ; cheque.' and then went on rtjio Clarendon •' andOricketers' Arms Hotel, a ..drink --atjibci* former iand^, reaching: the^Cncketcr^•; - Anns about 6 p.m.■...■•' Witness' had.a drink in the;front bar, where he saw acouscd vvu;:^liams? 'ahd!-'.Trairiqr.^ BOitte : other, men witness*pulled- out a quantity of silver. ' He. wanted to "shout' again, • but-tho bdrman would not servo him, .and) lie "went outside provibus to going. home. ( \ . // '/ Scene Outsldo'the Hotel. ' Whilst he was : in: an: outhouse.Trainor and ' WiUifiins oame in, and Trainor. caught hold' off witness'' round the . tieck whilsttried- to ransack -his pockets.: . Witness called ■ out for 'the policey and someone then struck, hitn on tho head and-felled him to the con- ' crete,-floor.,- There . waß. another, man appar-, - ■ cntly watching ou ■-. When witness ca ll.od. : out for tho'*police the men ran„away.-toi v »rds .. ■'thef;AlbionHopoliceman..cawe.,al.p:ig,.: arid;fivitness-.to\d: hiiiv thatjihe'had ~b(^n( gars rotted and robbed. : The money, .witness, bad, abbut'.Ts. 6d., y had been removed from his pockets. Tho three men were strangers to witness provious' to tho night he met- them ; in tlie hotel. Tlie samo night witness was locked up for beir.tt the worse for.liquor, and ; : next-day he identified - two of -. men,. .- V .Trainbr':'ind i as ..that assaulted and robbed .. . ' ! '' ,' -.■:;{{>■ Prosecutor's Sobriety Questioned., ■.; - -1 To Mr.-K!irkcaldio: : He .was as sober as :a : judgi on the. days of the allegod assault. . Un- ( - der further examination witness contradicted • himself a good deal as to his movements., He could not say how long,he: stayed :at-the rail-1 :. wa'y.'station.. It' haye from ' ten minutes: to . half an : ; hour, an hour,, or.. ty.o.. i hours. 'He had not been drinking the day i before. ' •At;lcngth: his Worshijp intimated that he : .had gone far enough. .;• ■;».?. , :■ - - Mr. - Kirkcaldie: -' !I want to show that. the wiiieSs. does not remember anything of the day m question." '■ i ' His; Worship: - '-'-Well; you: havo'-bcen'.- dis- ] ; - oreditingwhifev evidence -.for,-.-.'.the -! past.-. -lialfthour." ■ 'Witness) continuing, could .not.- say whe-, ther Trainor was in the crowd lie shoutod for. ■ He-knew ),tho other men were sitting, in .the bar! When asked -to identify the:, accused next day he pioked out Trainor and Thomas.,i ',-Horace{-Baker, land -and - estate, agont, , tambton .Quay, knew the last/witness, who i v came to his .office"on February 8, and rocoivod jo 'o 'chequo for £1-103/ from witness, at'about 4.30' p.m. -;Carter was' porfectlyl sober.■ •;.-. ■. The Barman's Evidence. - > John' West, barman,, at the. Cricketers' | !At4is Hotel, Tory St'teeti knew ..the .tliree- accused and saw. two of : them,'. Trainor ■, and I Th'omas,: in the front .bar about: 6.30 on .the j - everting • of ■February;.'B. i .v:Witness..also . kn3iy .:-Cdrter, who 'camt).into ,the ibarun company;) with Trainor, and Thomas. . The crowd: or-.i /;;.ydered : 'dririkej'and-.Carter' said'that . tjiem.'-?. sVitin^-'jMi^ed^lWiii6r:',arid''- ■ Thomas, but not Carter, wlicC. appeared to, be, ■ under the.influencesof-liquor.,:/ Carter;: paid ■■ ■ for.the drinks, pulling out a handful of silver and v tendering lialf-a-crown.._:v,The two ac-, V' cused could hSve'leen'the'money.'wßen-CaftM" /.'--.pulled 'it "buti-.-After.-Cartep-h'ad-paid-fpr •■ffini y. drinks .^witnessitoldihim to;leave;the'bar-as .he; ■ was'making a noise. ; Near tho door-Trainor. i ■ 6poke:to Carter,-and.witness,told.-Trainor^to y; let J him learo, and he stepped aside and, let, . him ont. After.;Carter.'Wt,ithe?bar -Traino; , t and ThomaS,' who were both quite sober. Aent . out'immediately. A little later witnesp hoard a man calling out in the street, and on going out-heard someone calling out that Jie ,had ■ been Tobbed; - -Witness' found .Carter :n- the : outhouse, which was a 'few yards' from' the hotolj-still calling out,that he had been roh- <•' bed;-..- Witnesß never saiy in i . tHs lionse at all),/The other two, accuied had disappeared when 7 witness got outside. Cartor iwas taken uncharge: by a constablo., ■ r.}To-Mr. Kirkcaldie: took Carter's money for tho crowd, but would not serve i hinf with drink. He saw-no moro of Trainor iy-j-'ajiidj--Thomaß. tftefl thoy'/left: the .bar. j ■ had!been :aßked to'identify:the men.- Before boiiig asked to do so he had seen tho three men in the dock. - -

Amateur Dotoctlve's Work. Chas. Hancox, porter employed at the Cricketers' Arms Hotel, knew the accused by eight, : and 'saw' Williams at the front , bar df:,the .hotel about 6.30 p.m. on . February 8. •Williams walked towards -tho outhouse and wptched him. He (witness) then went into the hotel and got to the back'of the outhouse unobserved by -..Williams. >By.looking through a-.holo in the fence he could get a-full view: oflthe scene...Hp observed Willi,".ma 'standing facing the street. An' old man (Carter),' who had been in, the bar,■ came into view; and was followed by. Trawor ard Thomas.. Williams said to Carter .--''Hullo, I think T know you,}' and the old man replied: ">es, I think Ii know you.". : • The. old, man, and Williams then" went .-to . shake hands, and Williams grabbed him - by. throat, . and the other two then came on. ■ • i "Jhey aro Bobbing Me." ■>The-old;man cried out: "Take.your hands out,6f my pockets,'' ;but'the-whole three men 'w£nt through .his' pockets.'. The old man then called out: "Murdorl They are robbing me," •.'^^kept;tfp\'int^h&' ,i rtifMn;v: : : iqniev money drop during the ; scuffle', and one., of tho three acoused picked it up. When tho'old man called out one of the men, said: "Stop that or we will do for you," and they then threw Carter up against the wall. Witness [ then: unbolted tne gate, arid rushed out, and'; Williams and Trainor ran away. Tho third man was leaning over Carter, who was oh-iho ground, saying "Hullo, what are you doing down here," Witness ran into tho bir and said that they had "garrotted that 01d,., man." Subsequently witness saw- the third man join. the other two. Witness followed the mon down > the street, and 'then one, of tho trio left and came over to .the side'of the road which witness was on. At the,, intersection of Jessie Street atid Tarnnaki('Street they . stopped/ 1 and then wint down Taranaki Street to the .Terminus Hotel/ Witness saw them go in, and then went over to : the Manners Street Police Station,; and asked for a deteetivo, saying; that he had thnta garrotters over the way. Constables Hodgson, M'Kelvie, and witness thefa \rent osar toVtli3--Teriuinua Hotel,''and-fouri^thjJ

three; men :drinking, i Witness ..was, positive as to the identity _of .the, tjirep -men. ; ; V ■ Samuel Champion,' ;:Habourer'i', .84 Jessie Street,'in the courso of Corroborative'evidence stated that he heai-d cries'of; "Help I 1 Police! Murder!—they..;are garrotting me." Witness Jwent Aup'fto: the' outhouse, ana • saw < tho three }acoused?therovand the; old. ; man, lying on,his baoK'' Trainor; came out first and was joined' by.Williapis at Jcssie/Sti-eet.' Thomasxame out laßt." Witness followed and saw. Hancox following on tho opposite sido of tho road. Going:: along Jessie, Street,. Thomas, :addiessin'g.the other two; said: '.'l.know nothing at. all: about this .business," but . witness : could "not • heir what the other two said when they- replied. .Witness' went to look for a policeman, but.,could not find, one, and;came hack: and'; followed the trio down 'Taranaki Street. Z.ti.. '■ I'v'' James Harper, miner, College; Street; also gave- corroborativo evidence. .V; . . : , Police Witnesses. .' Constable. M'Kelvio . oil Feb-, riiary. B'.Ko' to the Terminus Hot«V;affal^uWjlp;m.tM'.. r ;a-; result of information ■supplied 1 , by. Mr.'Hancox, who, pointed out the ..three accused. w(io ■were'drinking,at the bar. -The men-finished .theiridrinks and wont to the Manners police station, and were later charged; .with the, present, offence. .Whilst in charge of .the. men at the'station, the three,accusW,i who were sitting.in .the-cell;, were giveu .the option of sitting in tho yard. Thomas'-availed' himself- of the privilege,' and; whilst outside said- -to witness: "I• saw, ; some trouble up tho toad-r-they, tried to. take me somewhere--: I had enough money when X.shouted',fqr them, in',, the: Cricketers'. Arms. I've gbt plenty, noiv.' I' met the other two in, the morning,., and had been with them all day." The, three men woro charged with assaulting Carter and robbing him of 6a. Traiiior said he wasnot Iguiity,-> and. 1 the ", other 'two said , they.' knew nothing-' about it. - On searching the men it ■was'found that Thomas,had ,Trainor 6d., and.Williahishad nothing. . Evidence was also give by Constables Hodgson' and Belcher. "■ ; ''' .This concluded tho evidonco for .tho pro-, socntion. - .-' Tho three accused pleaded not guilty, and were -committed to the : Supremo- Court for trial, r , * - Bail was allowed in the sum of . £100, and two sureties of'£so'each. '■'■-' :'f.V;

BOOKMAKERS' • ADVERTISEMENTS.

. BREACH OF THE GAMING ACT. i Patrick J. Flannagan, turf accountant, put' in a statement.pleading guilty to a .breach of :tho; .Gaming' Aot in' that' he causetl s certain :'l^kmakSrrs.;.adTertißoinent''te...bb'''iiiscrW,; : iri'' tho nowspaper "Truthi" contrary .to the pro-: visions of-tne Gaming Act., ■■ :: llr. Myers, who' appear«l'-for ; .tho. prosecu-.' tion,. .. stated ,that. ,'defendant. was residing away, from Wellington, and had forwarded a written statement.'. ;.Vv.. ■'.' -.■-' ' ■ His Worship, in entering a conviction and fine; of £5, and costs ;fts. .6d„ - remarked that, the .case:.was practically"; footing -as'•'.the'-.pne' :had; 'been'-pWaliscd ./for tisemenfc in question, : ■ . y ' • THEFT OF A BICYCLE. SjindxSw'; ! piibert ;; .Rcicl,;;alias: Roljert.spu, of/.havingi ■;oh jor ■-j\bpui. ; February, 5,1 atiithe Lower Kutt. committed theft; of a ;bioyclo, .Thbuias;;Hull.. ; 5 Pliair : 'state<l.- thtit."oUtside |of' tlio -present -charge nothing ivasn.Utnown.. -against ; accus<scli ;Ho' had-arrived .from -Sy.d-;-ney about four vroeks ago. ': . ' •Acciiscd-- handed v,in(a written statement,; in. which,he'; alleged that drink was.the cause.-; of lus la pip. ■ •':\Hi8 I ",'\yfWsWpVadvisM'--accußcd to keep oft ■tlio-.liqubri'-;:!v«d ;'add<kl-that although; lie. waß.! a''.- ! first- offender some penalty must: bo;- in-:- : posed, : v as : - : thei; offence ;of , .bicycleaj, was becoming .too common, v Accused .ivouldj : '. , l>©\'^riVictiey : i4^T^n^;-; , 408.^*-ai»d. : c6s]fcsi.3os.; > t ! i jseyeni'days'-, iih'pr.isoninentj.vth'e £I', received-;for,the'i bicycle to -be'.'refiindfed^:;; : time was allowed to pay. )!-i ; , - -ALLEGED FALSE PRETENCES. . Edward M'Guire, driver,:pleaded not guilty to. a charge laid by' Fan Fu, gardener; ; of:,thb Lower .Hdt.t, that on August'B, at -Welling-, ton, . by. means of a false pretence, to Svit, (ihat ho .was the owner of a horsb called. "Captain,'.' he did obtain, through tlio medium .of: 6 contract by'such; .false' pretence, the';sum v of ■ £50 of.^aiidvfrom Fan 'Fu; ;V J-i i^vAn' ;;adjoutnmeAt; :to;vJ?ebruary , 24. was granted, bail jbeing'allowed in .the, sum of £25 and ono; surety of £25. Mr. P: Xi. . Jackson appeared for defendant,^^and^^ ; ilr.': Hindiharsh for informant. ; r-->,;i"'- ; -

, OTHER CASES. - j ;:William.'Jrimts Lyons;pleaded notvguilty-to-il: charge-of theft of-.a:-watch o,nd chain, valued at,',-30s;j--the: p'roperty /pf Daniel Horgreaves,- and, was'remanded; ,to> : Febniary; 22.A)"V;-;■' ; =- "fiWilliaci. Simpkins,' on remand, was Charged with~havingbeeiv found; k.aistatfi: of';helplessi dnnikeniiessjat.iSgaliaurangaoa'February.S,' and; wa'.S;':cbnyicted- a,nd;,;.orderM,.;t<)'--;payM £1;155.;. expenses, ineurrbd.: ;;-T>vo'. first offondera. for drunkenness-' were < convicted andvdischarged. ' . i-X'l'

MOUNT ; COOK' POLICE COURT:

!■', At ; the; Mount Cook Police, Court yesterday,'. before Mr. M. Hildreth, J.P.) three first 'offonders'cliarged', with,< insobriety. : were' con--victed and discharged...." .. .... '. . .. .