ALLEGED ASSAULT AND ROBBERY.

Evening Post, Volume LXXVI, Issue 123, 23 November 1908, Page 6

ALLEGED ASSAULT AND ROBBERY.

JURY DISAGREES. l A.? sturdy man named James Reid wa» changed at tho Supreme Court on Safc.onjay, before Mr. Justice Cooper, with iTbarving, on 4th November, at Welling- ' ton, assaulted Thomas Martin and i-robbed him of a watch and chain an^ S£l 0& Id in cash. Mr. Myers appeared for the prosecution., prisoner being undefended. By 7.30 p.m. the jury had failed to agree upon a verdict, and was discharged. A new trial was ordered for to-day. Informant deposed that he was a labourer residing at 89, Vivian-s-street. On the morning in question he had several drinks, ana had more -with' accused at tho Clarendon Hotel. Witness went to the rear of the hotel, accused showing him the way. Whilst there Reid struck bint over the eye and* .kicked him \ into a state- of insensibility. When witness "came to" a minute or two aftsrwai-ds, Reid was across his chest "going through" his pockets. The articles mentioaed in the charge were token from him. Constable Sims deposed that on tho date in question he arrested both complainant and prisoner in Cuba-street for committing a breach of the peace. He saw prisoner strike Martin, and Martin faff to the ground. On searching* Reid; he found the articles produced. Reid, m answer to questions put to him, claimed that the watch and other arti« cles were his. Detective Connolly produced a statement made to -him by prisoner, who said; he was a fireman. He was paid off a Home vessel at Napier, and arrived here on. 30th October with £8 in. his possession. On the morning m question, Martin, at the rear of the Clarendon, struck him a heavy blow on the temple. In self defence- witness struck him several blo-ws and ran off. He related subsequent meetings with Martin, and said lie could not explain how the | watch and other articles came into his possession. The pound note, he declared, was his own. Two barmaids gave evidence to the effect that prisoner left £4 in the charge of one of them on 3rd November, and that he got it back on the morning of the alleged offence. , In onoss-exanrination they admitted that lihey'had been drinking champagne with -■assused and Martin, and 1 that accused paid for it. Reid addressed the jury on his own behalf, emphasising that he »ad a vfitfi »nd lamily at Home to sup- | port, that Martin persisted in following [ him round, that he had become intoxiI cated, that ho had never before been in trouble, and that he never took tha articles from Martin. The jury retired at 3.15 o'clock to consider its verdict. At 6 p.m. it failed) to arrive at an agreement, and his Honour further reviewed the case. By 7.30 it reported that it still disagreed, and" was discharged. On the application of Mr. Myc'-j a new trial was fixed for IQ-30 ■*' ,BMBU»«