ROBBERY ALLEGED

Evening Post, Volume CXXV, Issue 37, 14 February 1938, Page 11

ROBBERY ALLEGED

FROM ELDERLY MAN

CHARGE OF VIOLENCE

James Patrick .Shivnan, ■, a, blacksmith, aged 46, was' charged in the Supreme Court today1 with robbing William Plymouth Brown, retired, aged 71, of £190 on December 19 and using personal violence. An alternative charge was the theft of £190. The Chief , Justice (Sir Michael Myers) presided. Mr. W. H. Cunningham appeared for the Crown, and Mr. R. Hardie Boys for the prisoner. No evidence was offered in another 6ase that had been called, and when Shivnan was ordered to be placed at the bar he was missing. Mr. Boys explained that the prisoner had been in court at 10.30, with his bondsman, but had left. His Honour: The Courts, Mr. Boys, are working, as you. know, under very high pressure. It is not the time of the; Judge—that doesn't matter. But the time of the country does matter, and the time of the country is being wasted and .the Court'-s business cannot go on because a man for trial chooses to go away without any authority from anybody. He knew he had to be here. Mr. Boys: And- he was here—he was here with his bondsman. His Honour said^a Bench warrant would' have to be issued for the prisoner's arrest, but just then Shivnan arrived. ■ "I shall not ask him any questions at present," said his Honour as.the prisoner entered the dock. THE CROWN'S CASE. Mr. Cunningham said . Mr. Brown came to Wellington on Friday, December 16, and went to the Public Trust Office, where he had certain moneys to his credit. He received a cheque for £225, which he cashed the following morning at the Reserve Bank. The cheque was paid in £5, notes; It would be explained to the jury by an official of the bank that it was the practice to issue new 'notes, with, serial numbers, and to record those numbers during the day of. issue. '■.'.'-. Mr. BroWn stayed in. town that night at a hotel. On the Saturday he met the prisoner* in the bar of another hotel, and he saw him again on the Sunday, in Molesworth Street', at about 9.30 a.m. The prisoner suggested that he might get some beer, and Shivnan bought two bottles, which were consumed in the prisoner's bach in Waterloo Quay/The" result- was that Mr. Brown spent practically the whole day in. Shivnan's company. During the day they went to Lower Hutt and haid a quantity. of liquor. They returned in the evening.; At about 9 o'clock" Mr. Brown was sitting on the prisoner's^ bed. He had; his notes in his \ inside coat pocket; no doubt he had spent some of the money, but his evidence would be that he had at least £190. Shivnan came in, took him by the throat, and held him while he relieved' him of the packet of notes. ■•.'.'. V ~ -.:■.'•.

The prisoner was riot arrested until the Monday, and there were found in his possession six £5 notes bearing numbers which the cashier at the bank would say were issued on the Friday morning. The prisoners first explanation was that he had got them from the Union Steam, Ship Company some six weeks previously.1 Then he made a, further explanation that about midnight he had gone to lie down, and later found . some • money from his pocket, and the £& notes, on the floor near the bed. He further stated' that the money was Brown's all right, but that he did not have to assault him to get it. There was. no doubt, said Mr. Cunningham, as to the identity of the notes./

The Rearing of evidence is proceeding. ' ■ '• ■. ' ■.■-■■''■■•'■".-'.' '■';'. ■' .■ ■ • ■ ■