THE ASSAULT ON THOMAS

Evening Star, Issue 11830, 9 March 1903, Page 4

THE ASSAULT ON THOMAS

FIFTH DAY OP THE POLICE COURT PROCEEDINGS.

QAIRNS'S, ALIBI.

Mr Graham, S.M., sat at the Police Court this afterncion, when the hearing of the. charge against Thomas; Ramsay and .John C.airns, of assaulting and robbing Thomas Reid, was resumed, Mr Fraser conducted the. case for the police; Mr Hanlpn defended Ramsay; M r Irwin was counsel for Caims. It will be rembered ti>at the case far the police: closed at lapt sitting, His Worship: I consider that there is, a case to answer, therefore I shall caution t-lie accused and counsel can say what tuey choose afterwards. ;The usual caution was then read, and accused made no reply. Mr Irwin, addressing the Court, said thftt the only evidence given wag entirely circumstantial. There was no direct evidence of the crime having been eom,rnitted by the accused, and the whole question was whether the identification of the Crown, witnesses was sufficient. The whole of th,e evidence was very patchy as to the question of time. It went to show that the two accused were at the redairaed ground off and on between the hours of ten hi the morning and three in -the afternoon, the actual offence talcing place about three, bp far as his client was concerned, if he (counsel) could n o(i disprove the-whole of the evidence he could disprove the greater part qf it. On some of tie occasions swpni to by some of the witnesses his client could not have been there. There were only three witnesses who went the length o;f identifying Cairns, but he (counsel) could show thai; they were absolutely mistaken. Cairns released from gaol on the Saturday, and Mr Axelsen, the assistant gaol chaplain, would swear that Cairns visited him on Monday morning, tb,e day the offence was committed. He afterwards visited the City Refuge, and the ladies in charge of that institution would swear that he was at the refuge at the time he was supposed to be on the reclaimed groundAfter leaving the institution he went to the place where he lived and had lunch. He then went to town to keep an appointment with Mr Axelsen at two o'clock", ani went with him to Mr Skene's registry office. From there he went to the back entrance of the Princess's Theatre, where he obtained a position with the Anderson Dramatic Company. He worked there two nights, and was arrested three days after the robbery. The men who were at the theatre, and who did not know Cairns, would swear as to the time he arrived there on the Monday afternoon. One would say that it was a little before three o'clock, and the other that- he thought it was a little after three o'clock. As to identification, the accused were taken thiough the passage at the police station jn view of witnesses who went there to identify the men. Could it be wondered at that these women, seeing accused walked through by detectives, would say "This is the man"? This-was particularly likely after the flaring accounts in the papers at the time of arrest that these men were notorious criminals. He (Mr Irwin) consklered those statements a gross contempt of court. Naturally, after reading those remarks, these women> would say that accused must be the men.

IBs Worship: That only applies to Ramsay. There is no evidence that Cairns was brought through the corridor.

Mr Irwin replied that the faet had been wrung out in respect to Ramsay, and it would be also proved on behalf of Cairns. Counsel then proceeded with his remarks, winding up by asking why some of the Crown witnesses* had not been called. He referred specially to Norris. Mr Fraser answered that he had not called Norris because he did not consider his evidence tad any direct bearing on .the case.

Euphemia Nevison, ex-matron of the City Refuge, was Mr Irwin's first witness. She said that she knew Cairns. Sheremembered February 16. She saw Cairns that day. It was between 10.30 and 1J.30, at the Refuge, corner of Forth and St. David streets. He remained, she thought, half an hour at the very least. The present matron, Miss Wood, also saw Caims there. She had no doubt about the time. Cairns had arranged to be there and see witness on business. To Mr Fraser.: She know it was after ten when Cairns called. It would be after ten and before 11.30. She could not be more precise. She was sure it was after eleven when he left. . The Refuge clock struck whilst Cairns was there, and the girl asked instructions about laying for dinner. He was there'for fully half an hour. It was after ten that he arrived, but she could not say how many minutes after. Emily Wood, matron of the City Refuge, said: On Sunday, the 15th February, the day before this robbery, 'she saw Cairns, whom she knew, and from something that passed between them ho was to call the following day between 9 and 11 a.m. Between 10.30 and 11.30 he called, had Ids interview, and left. After it had turned ten o'clock witness got uneasy, thinking he might not come, and in about twenty minutes the bell rang and he came. She would say it would be a little after 10.30. She could not be sure to five minutes. He might have stayed twenty minutes or half an hour, and was away before 11.30. He did not seem rh the least excited. This witness was not cross-examined. Edward Axelsen, assistant chaplain to the prison at Dunedin, said: He knew Cairns, and saw him on Saturday, the 14th February, as he came out' of prison, just, before dinner. Next saw him on Monday, the 16th, between 9 and JO a.m., at witness's house in Royal terrace. He was there for a few minutes. Witness arranged to meet him at Skene's labor exchange, Bond street, at 2 p.m., and did so. Possibly it was a few minutes later, but not as late as 2.15. He remained with witness for a little while only; witness would say between 'five and ten minutes. Witness believed that Cairns left Skene's after he did, but could not be quite sure. As a result of a conversation witness met Cairns shortly before six o'clock that night, when witness made arrangements with Cairns to leave town. Cairns stayed only a few minutes.

To Mr Fraser: It was possible that Cairns was with him only five minutes at Skene's.

To Mr Irwin: Was quite sure that Cairns was with him at Skene's between two and 2.15.

Mr Graham asked where Skene's office was, and Mr Irwin said it was at the corner of Jetty street. Edward Ward, laborer, said that he was in the yard of the Princess's Theatre on the afternoon of Monday, the 16th February. He got there about 1.30. He was engaged at night at the back of the stage. He saw Cairns there that day. Had known Cairns before. It was about ten minutes or five minutes to three that he saw Cairns come. That was as near as witness could get to it. Cairns went to see about a job. Witness could not say how long Cairns remained there, because it was about three o'clock when he (witness) left. Cairns was tjiere then.- Witness saw him that nighj and the following night working at the theatre.

To Mr Fraser: Witness's duty was workin about flie scenery. He went on at 7 p.m. He generally went up in the afternoon. There was no. work thej-e on the Monday or the Tuesday. Witness, had known Cairns for about eighteen months. Witness had worked at pjck and shovel w.orkat Mornington, and in a coal yar4, and in a fruit shopMr Fraser asked witness whether he' was an associate of reputed thieyes. Witness refused to answer.

Mr Irwin contended that thjs question and answer should nob be written in the depositions,, but

His Worship ruled that they were to be put down. To Mr Irwin: Witness refused to come to court without a subpoena. James Henderson, laborer, was in the box'at 3.45 p.m.