BRUTAL ASSAULT

Evening Post, Volume CX, Issue 50, 27 August 1930, Page 11

BRUTAL ASSAULT

NOCTURNAL ADVENTURE

ROBBERY WITH VIOLENCE

THREE MEN" GUILTY

Charges of robbery with violence were preferred against three men, James Martin, a motor driver, aged 26, William Alexander Matthews, a taxi driver, aged "28, and -Harry Boyer a seaman, aged 25,: in the Magistrate's Court to-day. - The accused were jointly charged with assaulting and robbing Bernard O'Brien of £1, and with assaulting -arid robbing Patrick Toohill of £10.

Mr. E. Page, S.M., was on tho Bench, Sub-Inspector Ward prosecuted, Mr. W. B. Leicester appearing for Martin, and Mr. P. Jackson for Matthews and Boyer. Dr. Hope Robertson said that at 10.30 a.m. on 11th August he attended to a man named Patrick Toohill, who had been admitted to the casualty ward of the Hospital earlier in the morning. Toohill's injuries were of a very severe nature and in witness's opinion could not have been caused by a blow of a fist; they could have been inflicted by a blow from a torch. Toohill's condition would be dangerous for four or five days. Dr. I. J. Logan, a house surgeon.at Wellington Hospital, described tho injuries of Bernard O 'Brian and Tooiiill when they were- admitted to tho Hpspital at 3.15 a.m. on 11th August. Wounds in O'Brien's head required stitching. Witness noticed no smell of alcohol about either man. O'BRIEN'S STORY. >. Bernard O'Brien, a labourer, employed by the Public Works Department at Ohura, said that he came to Wellington, accompanied by a friend, Patrick Toohill, on the 9th August. On Sunday night, 10th August, about 11 p.m., witness and his companion spoke to some taxi drivers outßide the Now Zealand Cab Company's offices. Witness was referred to the accused Martin, who remarked to another'man, "What, do they want to go anywhere for the night?" After Martin had gone into the office witness and Toohill got into Martin's taxi. Martin said they were going to Hataitai, and after driving for a time Toohill asked Martin to get some beer. Six bottles were obtained, and Martin then drove them to a house in Moxham avenue, Kilbirnie. On tho way three of the bottles of beer were consumed by the three. After a conversation witness1 and his companion deeidpd to leave. Witness asked Martin to take them right back to Thotndon, but after a time witness saw that they were being driven along the sea front near Seatoun. Martin stopped his car, saying, '' This is a nuisance. It must be the benzine." Martin looked at the benzine and then examined the engine. While he was doing this another car drove past travelling in the same direction as witness's car was going. Someone in the passing car called out, "Are you all right?" and when Martin replied, "No," the other car stopped. Two men, Boyer and Matthews, came back and, with Martin, commenced to examine the car. While the examination was in progress Toohill produced another bottle of beer, which was consumed by the party. BLOW ON THE NOSE. O'Brien said they were all standing about on the road when Matthews swung round and struck. Toohill a vicious b10'.7 on- tho nose, but witness could not say whaj; with. ■- Toohill staggered, -and as witness- stepped, .towards him. he himself was struck a violent blow by Boyer on the side of the left temple. Witness could not say what he was struck with. He made an attempt to defend himself and a running struggle ensued. As he was getting clear Boyer again struck him on the right side of the head with a torch. Toohill was about fifty or a hundred yards ahead of witness, who followed. At this 'stage, Martin was merely an onlooker. The three accused then followed in one of the cars and when they reached him Toohill, as far as witness could see, got on to the running board. The ear went on for a short distance and again stopped. Witness was overtaking the car, which- then came back to meet him. When tn°Jr met the three accused pushed witness to the ground, using physical violence. Martin had his two knees in the pit of witness's stomach. The other_ two were kneeling on either side of witness and also helping to hold him down. Witness was struck several times, receiving a split lip, and heard Martin saying, "Come on, shell out your money," or words to that effect. All the money witness had on him, £1, was taken. The three accused then made off and witness went to Toohill, who was leaning against a. rock, bleeding freely and was in a semi-dazed condition. Witness assisted Toohill towards Seatoun, where a gentleman tok them into the Hospital. O'Brien.said that some stitches wove put in his lip and he was confined in the Hospital for thirteen hours, and was an out-patient for, ten days. Toohill paid for tho taxi drive to Moxham avenue. On 12th August witness accompanied Detectives W. Kane and J. Murray to the house in Moxham avenue, and when near there saw Matthews coming out of the house. Witness recognised him as tho man who struck the first blow, and when he saw Boyer through the open front door he also recognised him. On the night of tho assault Matthews seemed to bo "putting on" that he was drunk, but witness thought he was only acting. Boyer was perfectly sober, but Martin seemed to be suffering' from the effects of the few drinks they had had going out to the house. BEGGED FOR HIS LIFE. Evidence similar to O'Brien's was given by the other complainant, Patrick Toohill, also a Public Works Department employee. Witness said that when he received the blow on the nose he was almost, knocked out. He thought the accuseds'car. was a strange one when he got into it "a, second time. Seeing who was in it witness tried to get out again. The car was stopped and when witness got out the accused got out and pushed witness up against the back of the.car.. Martin and Boyer held him there- while- Matthews struck him two or three times in the face. Witness bogged of. the accused not to kill him. The bloo"d was running into witness's mouth and he had difficulty in breathing; His cigarettes and matches were taken" and witness told them he had a £10 note in his inside pocket. His vest and the lining of his coat were torn. After that witness remembered very little..until his friend .picked him up. .Ho was. operated on in the Hospital and.detained there for eight days. '..''• Alfred John Williamson, teamster, residing at Webb street, said that on tho morning of 11th August, when between Seatoun and Breaker Bay, He saw numerous Bigns of a struggle. Arthur Cook, a City Council traffic inspector, gax re evidence of O'Brien and Toohill arriving at tho house in Seatoun at 3 a.m., on llth August. After rendering first aid witness took the men to the hospital. DETECTIVE'S EVIDENCE. Detective W. Kane said that in company with Detective J. Murray and O'Brien he questioned Matthews about the affair. Matthews in reply to

O'Brien said: "I don't know what you are talking about. I've never seen you in my life." The two detectives then went into tho house and saw Boyer, who donicd being out of the house that night. After Martin was arrested he told witness that, after consideration, he had decided to tell the truth about the matter. In a signed statement, Martin, after detailing the -events up to arriving at the house in Moxham avenue, said that just as he was leaving to drive tho men away Matthews called him back and asked if he thought the men had any money on ' them. Arrangements were then made !for Martin's car to break down and for Matthews and Boyer to follow. Martin denied taking any part in the assault and said that while he knew it was the intention to get money from O'Brien and Toohill, he did not know that violence was to be used. Detective Kane added that on 13th August he again interviewed Matthews and Boyer, and after they had denied all knowledge of the offence, he arrested them. In the watchhouse Boyer also volunteered to makp a statement. Boyer also admitted his part in the affair and on the following morning Matthews also said he would tell tho truth. He said he took an equal part in the assault, but said he would not have done so had he not been under the influence of whisky. The money, ho said, was divided equally between three men. Visiting the. place of tho crime nest day in company.with Detective Murray, witness found a dented torch. It was a lonely place half- t way between Lyall Bay and.Seatoun. Matthews and Martin were licensed taxi drivers. . . Mr. Leicester said that . his client proposed to plead guilty to the two charges, but he denied taking any part in the violence used. Matthews and Boyer both, pleaded guilty and were committed to the Sp-j prem'c Court for sentence. i