SERIOUS CHARGES OF ROBBERY.

Evening Star, Issue 7860, 18 March 1889, Page 2

SERIOUS CHARGES OF ROBBERY.

At the City Pp.llcfc Court this morningj tlefore Messrs J. D. Peraud and P. Hyam> j.P.s, James Myall (five previous convictions), John Cunningham, Andnvj DttiOson, and John Horatt wore Charged with feloniously stealing froth the person of George Brown Douglas, oh March IC> at Dunedinj the sum of L3O. Mr Farnio appeared for the accused Horan; Mr Solomon for Cun : hingham and Dawson; and Mr Macdonald for Myall. All the accused pleaded not guilty. Georgo Brown Douglas, a gold miner, said that on Saturday night about ten o'clock he loft the theatre with a man named Cassidy. Witness went to Wain's Hotel iu Princes street to have a drink, and when there he was joined by the accused Cunningham. They began speaking about the fight, and witness said it was a complete farce. Witness remarked that he could have knocked Murphy out if witness had been younger, and Dawson then said that if he had had tho money he could knock Murphy out. Witness could not say how many men joined him at Wain's Hotel, but witness could not recognise any of the accused except Cunningham and Dawson. When Dawson said that he could knock Murphy out witness said that he would put tho money up, and they went over to draw up an agreement that was at Cassidy's suggestion—in connection with the fight with Murphy. Witness's friend Cassidy drew up the agreoment, and witness left the room and went into a room on the right, in company with about six men. Witness was a little the worse for liquor, but had his wits about him. After the agreement was drawn up witness wenc out into the passage and into the bar parlor, and took out his pocket book—which contained four LlO notes and two LI notes—in the presence of Dawson, Cunningham, and others, and gave a LlO note to Mr Owen as a deposit for the fight. Mr Owen gave witness a L 5 note back, and witness placed tho money in his pocket book, and the pocket book in his breast pocket. Suddenly he felt something—just like magic take the purse out of_ his pocket. It was done "as quick as lightning." Witness put his hands out at full length, so as to stop the persons present from leaving the room. Witness said "That's not good enough," and struckat somebody. Cunningham was standing alongside witness, but witness could not swear that Cunningham jostled him. The purse was then handed back to witness, but he could not say by whom. Witness looked in the book and found it empty (it was emptied like lightning), and when he looked up again Dawson, Cunningham, and the others had disappeared suddenly. It was after he struck someone that tho crowd dispersed. Witness called out to Cassidy because he thought his mate and himself were " good enough for a dozen of those men." Witness took a policeman with him and hunted for the men. Cross-examined : Witness had not been drinking all day, and was in possession of his senses. Witness camo into town a week ago, and had been enjoying himself since then. Witness was " pretty well certain " that Horan and Myall were not there, but Cunningham and Dawson were there. There was a lighjt in the passage-way, but witness could not say how many persons were present—there may have been a dozen or more. Cunningham was there—close to him. Somebody took his pocket book, but witness could not say who it was that took it. (After considerable discussion between the witness and counsel, witness asked that ho be allowed to qualify his statement, and then said that Cunningham handed the pocket book back to him.) By Detective Henderson : Witness could not recognise either Myall or Horan as having been present at the Ship Inn. William Cassidy, a wool-clnsscr, said that he accompanied Douglas to the theatre, and from there to Wain's Hotel. Four men joined them, and witness recognised the four accused as the men who came in. The accused Dawson asked the witness to " put a fiver down on a match with Murphy," and witness said that he would have done so if Dawson would " fight square." Douglas said he would put the money down there, but the accused suggested that thev should co to the Shin Tnr> «» »'- uwen w"s limiting some money of Murphy's. They had a drink when they went iu, and witness then said that they should draw up an agreement in connection with Dawson's fight with Murphy. Douglas and the accused werestanding close to witness when Mr Owen returned a five-pound note to Douglas as change for the LlO-noto tendered. Douglas was not drunk, yet he was not exactly sober, J u-it as they were going iu to have another drink, Dawson tapped witness on tho shoulder and said " Cassidy, I want to speak to you." Dawson and witness then went into the room, shut the door, and Dawson began saying that he could fight Murphy. Then witness heard Douglas cry out " Cassidy, where arc you?" and then say " They have gone through me." Douglas was holding the pocket book in his hand, and when witness turned round a second or so after Dawson had disappeared. tVitncss went over to the police and told tho constable. When witness camo out of Mic room with Dawson all tho accused had cleared out, and Douglas was standing alone. Witness was not drunk In; had taken three drinks that day. Cross examined by Mr Solomon: There was some talk of witness training Dawson. About eight or ten minutos elapsed between the time of entering the hotel and the time when Douglas declared he had been robbed. Dawson was in the room with witness for a few moments, and was not present when Douglas said his pocket book had been stolen. (Mr Solomon : " Ah, that settles Dawson.") By Mr Macdonald: If Douglas had said that there were more than four men present witness would not deny that statemont. Robert Hardie, slater, was in the Ship Inn Hotel about ten o'clock on Saturday night last, and saw the complainant there. Witness saw tho accused in Douglas's company at the Ship Inn. Witness saw Douglas strike Cunningham, and heard Douglas say that he had been robbed. Douglas was between Cunningham and the door. There was someone else there, but witness could not say who it was. The passage would bo about 12ft in length. When Douglas struck Cunningham the latter did not return the blow. Witness saw a pocket book going about. There were two hands placed on the pocket book, but he could not say who it was holding tho book. Witness then returned to the bar, where there were several persons. Cross-examined by Mr Solomon: The four accused and Douglas were in the bar parlor. Witness was quite sure that Dawson was there. When Cunningham and Douglas went out, Myall and Dawson went to the bar and had drinks. To Mr Macdonald : Witness could not say where the accused Horan was at that time. To Detective Henderson: Douglas was not drunk - - only a little "boozy." Witness had only one liquor during that day. Alexander Owen, licensee of the Ship Inn, remembered when Douglas came into the hotel. Witness saw the accused Douglas and Cassidy in ono of the rooms. When Douglas took out his pocket book witness heard nothing of other notes than tho LlO-note tendered. Tho party were in the house about ten minutes. Witness never hold any money belonging to Murphy, the fighter. Witness could see into the passage from the bar, but could not do so if tho .door was closed. The door was closed on that evening, and witness therefore could not see anything that happened in the passage. Myall and Horan came back after the others had gone, and asked for drinks. Douglas was not there then, and witness could not see either Dawson or Cunningham. To Mr Macdonald: Witness never heard any row in the passage, but Douglas shortly after said that he had been robbed near the outside door. I Thomas Cornish, licensee of the London Hotel, was standing outside his door on Saturday night about ten minutes past ten, when the accused came out of the Ship Inn. Tho accused hurried across the street, and proceeded down the street in a southerly direction. Myall came out last, but caught up on the others when the other side of the street was reached. William Sharp, jockey, said he had known the accused for some time. He met the four accused at O'Brien's Hotel in Walker street on • Saturday night, when they came in together, and Myall asked for change for a five-pound note, and witness

gave it to him, Witness gave Myall the change—as he thought—but gave in mistake one XA and three tl notes (L 8), thinking that they were LI notes, Myall hart said that if witness gave him L 4 he could owe Myall the other LI. The L 5 note (produced) Was the One he obtained from Myall. William Owen (recalled) could not remember the number of the ndtej but rcttiemborbd that it was ruffled and yellow looking. The note produced was like the one which he had given to Douglas as change. Detective M'Grath said that about eleven o'clock Douglas met him in Princes strcot and made a complaint to him. Witness made inquiries and searched the neighborhood, and the following morning he found the accused Horan at the Prince of Walcß Hotel. Witness informed Horan of_ the complaints made, and Horan then admitted going to the Ship Inn with Douglas and tho others, and witness searched Horan and found ten single notes and four sovereigns. Horan said that he had won the money at the Palmerston races. Witness also saw Myall that day, who stated that he, Douglas, and Cassidy went to the Ship Inn and were joined by Cunningham, Dawson, and Horan. Myall also said that he had been dick, and came out of the hotel, leaving Douglas and the others in the passage. When witness saw Cunningham, the latter denied having heard or known of any robbery at the time mentioned. When witness searched Cunningham ho found 7s (id upon him. Myall had on his person LI 15s 6d. The same day witness arrested Dawson, who jocularly replied that the only money he had robbed Douglas of was L 5. and that was the deposit money which had been placed in Mr Owen's hands. To Mr Macdonald: When Myall made a statement ho was not under arrest. Witness informed Myall of the particulars relating to the alleged robbery at the hotel. To Mr Macdonald : Horan had been staying at tho Prince of Wales Hotel. Horan, in witness's opinion, was a "speiler." Witness did not think that Horan was a shearer, although it was true that the latter had a Savings Bank book. Mr Solomon said that in the case of the man Dawson there was practically no charge to answer, and that he was placed in a totally different position from the other three accused. Dawson was away at the time that the robbery was supposed to have been committed.

Mr Macdonald said that according to the testimony of the complainant his client (Myall) was not present at the hotel at all ; but he (learned counsel) was willing to admit that Myall was there, but was simply a spectator of the drawing up of the agreement about the boxing match. There was no evidence to convict the accused Myall, and the case was a remarkably weak one. As far as Horan was concerned the police tried to connect the money found in his possession to the money stolen from the complainant Douglas, but in this also they had failed,

The Bench adjourned the Court for half an hour, and upon resuming committed Cunningham, Horan, and Myall for trial at the next Bitting of the Supreme Court, while Dawson was discharged.