ALLEGED ASSAULT.

Evening Post, Volume LXXVII, Issue 110, 11 May 1909, Page 7

ALLEGED ASSAULT.

THE HOTEL BACKYARD CASE. THREE TO ONE* The case against toaree men — William Thomas, John Trainor, and George Williams — wajs continued before Mr. Juslice Chapman in the Supreme Court yesterday afternoon. The charge was one of assaulting and robbing an old man named Carter in the back-yard of the Cricketers' Arms Hotel. Mr. Bolton appeared for Trainor. Alexander Baker deposed to paying Carter £1 10s. Garter was quite sober. John West, barman at the Cricketers' Arms, remembered Carter "'shouting 1 ' for Trainor and Thomas, the prisoners in the dock. Charles Handcock, porter at the Cricn keters' Arms Hotel, said he saw Williams look in the bar, and then steal round tothe back of the hotel. Williams waited outside. Witness was concealed behind a partition. Then Carter came out of the hotel with Trainor and Thomas. Williams turned round to Career and said, "Hallo, I know you,"' and took his hand. With the other he caught Carter round the throat and "bashed him against, the fence." The other two came in", and one said, "You sing out, and we'll do for you." Carter made a good fight, crying, "Help 1 ! Murder !" They knocked him on the concrete. Witness called out, "You ," and flew out at them. He told the barman, "They have garrotted that old man," and then went off after the three. They went down to the Ter-. minus Hotel, and witness went over to the Manners-street police station and in-i formed the police. In cross-examination by prisoner Williams, witness admitted that he had worked in M'Namara's and other two-up-schools, that he had been three limes arrested in "two-up" schools, -that ha had given evidence in such cases. He had acted as a scout to two-up schools to give the alarm when the police came. Samuel Champion, labourer, Jessiestreet, said he knew the three accused, and saw Trainor and Thomas go out immediately after Carter to the back of the Cricketers' Arms Hotel. He heard the cries of "Murder! Help !" and found the old man Carter lying on his back. • Thomas was near, and said he had nothing to do with the case. Further evidence was given by James Harper and Constable M'Kelvie. The rourt adjourned before the case for the Crown had concluded. POLICE EVIDENCE. At the resumption of proceedings before his Honour this morning Constable Hodgson gaye 1 evidence. When he arrested the prisoners Trainor said ha was. not guilty ; the others said they knew nothing about it. At the station Thomas said, "It will do me good, I have been drinking for some time ; I am half in the horrors ; I don't reWembor what took place 'that night." Thomas appeared to be quite sober. Trainor had 6d on him, Thomas 2s, Williams nothing. To Williams : At the identification Carter picked out Williams and Trainor and a man named Ballance. Carter had said he had been robbed of £6. Constable Belcher said he fpund Carter lying in the yard of the Cricketers' Arms on the night in question bleeding and bruised. He had 17s od in one ' trousers pocket, and four pennies in another pocket. To '-Mr. Bolton : Witness did ' not notice whether his pockets were turned out or not. This concluded the case for the Crown. Mr. Bolton said he did not propose to call evidence on behalf of Trainor. Thomas said he would not give cvi dence, but would make his statement from the dock. WILLIAMS'S WITNESSES. Williams said he would make a statement, but would first call evidence. He called Samuel Ballance, an elderly man. The witness said he remembered the identification. He was one of the men who was picked. Wi'lmms was not. To Mr. Myers : I was at the station for drunkenness. I had been' drinking at the Metropolitan the whole day. I have known Carter for twenty years. He may have seen me the day of the occurrence ; he may have thought so, but he didn't see me. John Want said he remembered driving a cart round Taranaki-street and Courtenay-place on the afternoon of the Bth February. Williams : You saw me that aiternoon? — Of course I saw you. You were with me in the cart. When was that? — Between twenty minutes io five and half -past four. (Laughter.) The witness concluded by saying that after driving Williams round Oriental Bay he droppod him at 5.15 opposite the Terminus Hotel. Accused Thomas said he did not want to ask any questions. Mrs. Mills, nurse, remembered seeing \villi.ims in G-huznee-slreet on the. Bth in the morning, between 9 and 10 o'clock. Site had known Williams for two or three years. Frederick Browne, trade union secretary, also remembered seeing Williams on tlia day in question. This concluded evidence called by Wiliiams. Mr. Myers then addressed the jury, urging the importance of Handcock's and Champion's evidence. Thomas addressed the jury, pleading an alibi and mistaken identity. Williams recapitulated his movements on the day when the robbery took place. He also offered the same plea as Thomas. Mr. Bolton, on behalf of Trainor, analysed the evidence. After his Honour had summed up the jury retired at 12.36 p.m.