NAPIER RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXII, Issue 7142, 21 April 1885, Page 3

NAPIER RESIDENT MAGISTRATE'S COURT.

Monday, April 20. (Before G-. A. Preece, Esq., E.M.) DRUNKENNESS. "William Henry Grossman, alias Clifton, against whom three previous convictions for drunkenness were recorded, was charged with a fourth similar offence. He pleaded euilty, and was fined £1 and costs, with seven days' hard labor as an alternative. eobbeey fboji the person. George Priest and William Crawford were brought up in custody, on remand, charged with stealing £3 12s from Eoberfc Shah Huddle on the evening of April 13th. Tha prisoners were defended by Mr Lascelles, Major Scully conducting the case for the prosecution. Robert Shah Huddle deposed that he knew the prisoners. On the 13 th inst. he was in Napier, and about half-past seven o'clock in the evening he engaged the

prisoner Priest to drive him to the Ferry Hotel. Witness got into the prisoner's cab, and was driven over the Spit bridge, but the. cab did not stop at the hotel, being driven about three-quarters of a mile further on. Witness thought at this time that only the prisoner Priest was on the cab, but when the cab stopped both prisoners got down from tho box and called witness out of the cab. Priest took the lamp from the oab and told witness to hold up his arms, and both prisoners threatened to strike him if he made a noise. The prisoner Priest searched witness's waistcoat pockets, and the other prisoner put his hand into witness's trousers pocket and took out some money. Witness had £3 I in notes and a little over £1 in silver in his pocket previous to this. The prisoners then told him to get in the cab again, and he did so, and was driven back towards the hotel. When coming near the lights of the hotel witness ahouted out "Murder, thieves, robbery." The cab did not atop at the hotel, but drew up for half-a-rainute on the Spit bridge. The prisoner Crawford came to the door and ordered witness to get out, which he dirt, and ran in the direction of tho hotel. The cab drove off rapidly towards town. On his way to tho hotel witness met a man and told him of the robbery. The witness was cross-examined at great length by Mr Lascelles, but adhered to his principal statements. Thomas Johnstone, manager of the Ferry Hotel, deposed that at about 8 o'clock on the evening of the 13th inst. a cab came over the Spit bridge and drovo up the beach towards Pefcane. About 15 minutes afterwards apparently the same cab came back. Witness was standing in the bar at the time, and heard a man Bicging out " Murder." Witness rushed outside, and saw prosecutor clinging to a man named Robinson, and saying " I have been robbed." The cab at the time was just on the end of the bridge, beginning to move off at a trot. Witness shouted out as loud as he could for the cab to stop, but it was driven rapidly away. When witness got back to the hotel prosecutor put 153 and a watch on the counter for witness to take care of. Prosecutor said he had been robbed by a cabman and another man. When witness called out for the cab to stop it was only about 20 yards distant. When he first heard the shouts of " murder " the cab was just passing the hotel. Prosecutor and a man named Robinson went to town the same night to lodge an information with the police.

William Boyd and Elias Robinson, who were in the hotel with last witness when the cries of " murder " were heard, gave corroborative evidence.

All the witnesses were subjected to a searching cross-examination by Mr Lagcelles, and betrayed some uncertainty as to details, but adhered to the tenor of their evidence.

Constable Magill deposed that he was in charge of the lock-up on the 14th instant. [At this stage Mr Liscelles objected to the evidence of the witness being received, as it related to an alleged conversation which the police wished to use against the prisoners. Major Scully claimed that the evidence should be taken, aa it would reveal a conspiracy to defeat the ends of jaatice. After some further argument his Worship decided to hear the constable's statement.]

The witness continued, and deposed that he heard a knocking in one of the cells, and went to Bee if any of the prisoners wanted anything. Hearing a conversation going on between the prisoners, who were in different cells, witness took out his pocket book and noted down what was said. Crawford called out to Priest, " Did you tell the 'D ' anything about it ?" Priest replied, " No ; I only told him that I drove a man over the bridge, and got £1 from him." Crawford said, " Mind you say you went into every hotel on the way, ' boozing.' " Priest replied, " Yes, that will be a good point." Priest then eaid to Crawford, "Did they search you? " and Crawford said •' Yes ; I told them I was never in the cab. I did not think you were ' lumbered.' Now, you must say that I was on the box the whole time, and I think we shall get out of it. The man did not know what he had, and you must keep your mouth shut and say nothing. Remember, I waa on the box the whole time, and he gave us two cigarettes, and pulled out waste paper mixed up with notes from his pockets. Remember that he had been ' boozing ' before you saw him."

Detective Grace gave evidence respecting the arrest of prisoners — Priest on the morning of the 14th, and Crawford about 1 o'clock. Priest said ha drove a man towards Petane, and when he was partly there he wanted to know if he was near the Criterion Hotel. He then got out, giving witness £1 for his fare. When Crawford was arrested he denied having been with any cabman on the preceding day, or in. any cab, but when confronted with Priest at the lock-up Crawford admitted having accompanied the latter on his cab towards Petane on the day before.

His Worship committed prisoners for trial, bail being allowed — each prisoner in £200, and two sureties in £100 each.