CRIMINAL SESSIONS

Dominion, Volume 12, Issue 112, 5 February 1919, Page 6

CRIMINAL SESSIONS

A CHRISTMAS FRACAS

WINDOW SMASHERS BEFORE THE COURT

Two young men named Arthur Barnes and William Donaldson Henderson were placed in the dock in the Supreme Court yesterday, before His Honour Mr. Justice Edwards, to answer a chargo of having, on December 25, wilfully damaged a plate-glass window and a plate-glass door to the extent of .£59 3s. Bd., the pioperty of "Edwin Moult.

Hoth accused pleaded not guilty. ; Mr. P. S. K. Macnssey appeared for . the Crown, and Mr. P. W. Jackson for tho accused. Mr. H. P. Murray was foreman of the. jury. Air. Macnssey, in outlining the case, < said that the two men had, been together on Christmas Eve, and about 12.30 o'clock on Christmas Day went to the restaurant of KurauUe. Brothers in Cuba. Street, where each ordeicd a meal of steak and eggs. They were attended to by Mrs. Karantze, and while the meals were being prepared the accused, with two other men who were in tho restaurant, went outside. There they began to males a noise, and Mrs. Karantze 'informed them that they would not be served with the meiil if-they created a disturbance. When the meal was served the accused refused to take or pay for it. Mrs. Karautze inquired the reason, whereupon she was pushed back into thi. shop by Barnes. The men then went outside, and, Barnes kicked the glass-1 door and smashed it, and about the same i time Henderson broke the window by kicking it. The accused then went across the street, one of them remarking, "Now you've got all the money you want from | us." ' i I Tho evidence for the prosecution was i on the same lines as that given in the > Magistrate's Court. j Mr. Jilckson briefly addressed the Court and indicated the evidence he would call for the defence. ' Arthur Earn?*, one of the accused, said he went into the shop on Cliristmas | morning with three others. One of the ; others ordered supper, but after about a. quarter of an hour they all left, because of the length of time taken to prepare the meal. They did not obtain a meal, , nnd of course they did not pay for it. ; While lie was outside the door of the j restaurant somebody came round from an alleyway and struck him on the head j with what he took to.be a soup lade, ■ and he fell through the glass; of the door., The person who struck him was the one who was cooking the supper, as thev were able to see him as he was • C0 To"lilr. Mficassey: He had been before the Court on previous occasions. He imd been convicted of common assault. ■ He had also been convicted for being on licensed premises, being at the time under age. , . ~ William Donaldson Henderson, the other accused, also piive evidence in corroboration nf what the previous witness had said. Witness alleged that Karantze, who came around the side of the sliop, made a kick at him, missed, and put his font through the window. Frank Easton said he was present fin the occasion, but had not been. in the restaurant. He saw Barnes near the door, and noticed a man come out of on alleyway, fro 'up to Barnes, and assault him. Ha did not see Henderson kick the window. Henderson was standing on the The jury retired at 3 p.m., and returned at 4.30 p.m. with a. verdict of guilty against, both prisoners, with a recommendation to mercy in the case of Henderson. Both prisoners were remanded to Friday for sentence. ... Bicycle Thief Sentenced. \lfred William Donaldson who was not represented by counsel, pleaded.not gmlty • to a. charge of theft of a bicycle, valued «t .£ls. the property of Inglis Bros., and Co;, Ltd. " .■ , , In opening. Mr. Marossey said-that a man named"H. C. A. Thompson employed as a clerk by Imrlis Bros, and Co.. had •occasion to go'to the New Zealand Shipuin" Comnany's office, and rode a push birvcle. He 'left the bicycle outside the building, and while he was transacting his bushier the bicycle disappeared. -TTe reported the matter to the firm. The ■=ame afternoon Emil Brnndeis, employed as an office, boy by Inglis Bros., saw the nrensed. with the bicycle in Courtenay Place, and recognising it as'a. machine which was im«siii2 from the office, followed the man till both man and bicycle were in police custody. \ / . . The accused, in giving evidenoe on his own behalf, said the bicycle, was offer»d for sale to- him by a man whose name he did not know, but whom he knew by sight. He told the. man that he had no money, and the man left the bicycle against the wall. Ten minutes later accused took the bicycle and rode away. His Honour, laughing, asked the jury whether they believed the accused's story, and told them they could retire to con,«i<l»r their verdict if they so desired.. The jury-, after a bripf consultation and without leaving the Court, v returned a verdict of guilty. His Honour, addressing tne prisoner, said that although he was only' 25 years of age, he had a very Lad record, nnd his numerous convictions showed that he was rapidly going to the. bad. He would be. sentenced to a short term of imprisonment, .and be handed over to the care of the-Prisons. Board. Donaldson was sentenced to six months' im- ■ prisenment, -to be followed by three years of reformative treatment. Charge of Assault.

Michael O'Brien pleaded not guilty to the charge of assaulting John Conlon so as (o cause the said John Conlon actual, bodily harm. Conlon was walking along Abel Smith Street in a drunlren condition, and spoke to two women in apparently an insulting manner. The accused came out of his house and struck Conlon a blow, knocking him down; as the result of the fall Conlon fractured his skull. The evidence given was on the same lines as that tendered in the Lower Court.

The medical evidence showed that when

Conlon was admitted to the hospital on November 11 he was bleeding from the nose, throat, and left ear, and wgs .in a semi-conscious condition. He was suffer-

iiicr from a. frietiivd skull, and it was nine days later before lie was conscious enough to understand what, w.'s said to him. The man then gradually lapsed into a condition of insanity, and \v«s eventually sent to a mental hospital. After, Hie case for the prosecution'concluded the further hearing was adjourned until 10 o'clock J;his morniim, in order to secure the attendance of k Titness required by the accused. AUCKLAND SESSIONS. By Tcleßrajjli—Press Association. Auckland, February 4. At the Supreme Court Herbert Frederick far indecent assault on a girl, was sentenced to two years' imprisonment. NEW PLYMOUTH. SESSIONS.' By Tclcsraph—Press Association New Plymouth, February 4. At the. Supreme Court, Percy Stewart Mann, for breaking and entorting,, was sentenced to six months' probation. Charles Arthur Bryant, for assault, was sentenced to 18 months' hard labour. .Tunic* O'Donnell was acquitted ion a charge of manslaughter at Hawera in July last.

TOIARU SESSIONS. By Telegrap!)-Press Association Timaru, February 4. Mr. Justice Sim presided at the Supreme Court criminal session to-day. There were five charges against four perrons, two of sexiflil assaults on children, two of breaking and entering, and one of breaking gaol. William James Allan (2G) pleaded guilty to. indecently assaulting a boy of eleven. He was sentenced to reformatory treatment not exceeding seven years. William John Buckley was found guilty of indecent assault on a. girl under twelve years. Sentence was deferred.