ALLEGED ASSAULT AND ROBBERY.

New Zealand Herald, Volume XXX, Issue 9269, 3 August 1893, Page 3

ALLEGED ASSAULT AND ROBBERY.

ACCUSED BEFORE THE COURT. At the Police Court yesterday morning, before Mr. R. S. Hud), R. M., .Limes Clover and Hairy Smith, two respectably-dressed young men, were charged with having, on the tilth of duly, unlawfully and violently assaulted one Arthur Cottle, also stealing from him five £l-notes and lis.

The Court was densely crowded. Mr. Tin Cooper appeared for the accused Clover, and Mr. Huddle, for Smith. Thcnccused pleaded "Not guilty." Arthur Cottle deposed that, on the '21th of July, in Lower Queen-street, he fell into company with two women, named Lindsay and Watson. He accompanied them to the Britomart Hotel, where he met the accused and another man. The six of them then went for a drive to Newmarket. They called at several hotels. Drinks were ordered at each hotel, but witness refrained from taking any. At the Junction Hotel Glover tried to get his hand into witness' pocket, where his money was. He pulled his hand back. Later in the evening, when in a small room with the accused, one of the prisoners said " It's no use your kicking orresisting now." lover again tried to get his hand into witness's pocket, but he managed to resist him. They till entered the cab and drove to Auckland, calling at, two hotels. At the Wynyard Arms Hotel witness left them and walked down the road. Witness was afterwards joined by the woman Lindsay. Near the (dammar School witness saw the two men (Clover and Smith) in a crouching position, coining along the bank. Ho ran a tew yards, and was then pushed down by one of the accused. He was then held down by one while the other kicked him. Ho felt one of the men taking the money from his pocket. Witness said, " Now you have got, my money don't, kill me." They then ran away. He had live .CI notes and (is in silver on him at the time. From I lie effects of the assault he had been laid up until yesterday, and had not been able to eat. anything. In cross-examination by Mr. Cooper, witness stated that, he was perfectly sober at the time of the assault.

Dr. King gave evidence as to the nature of the injuries to the last witness. James Boyle, cabdriver, deposed to driving the party on the night in question. He was paid by the. woman Lindsay. William Whyte, bootmaker, deposed that about ten o'clock on the night of the 24th .Inly, when standing in Wellesley-strect, he saw two women and a man pass down the road. A few seconds later, he saw Smith and his companion go in the same direct ion. Soon .after the men had passed out of sight, he heard a sound "as of kicking, and the words, "Takethat, take that." Immediately after, he saw two women come running down the rotutpin the direction of Princes- street. About seven seconds later, ho saw three men run in the same direction.

0. J. Strong, cabinetmaker, gave corroborative evidence.

Martha Lindsay deposed that, in company with Cottle, Miss Watson, and the accused, alio went for a drive to Newmarket. They called at several hotels during the evening. At Wellesley street, Cottle parted company with the rest of the party, and the accused, Miss Watson, and witness went down Lower Symonds-street, and across to Albert-street, where the accused parted company with witness. Mr. Cooper addressed the Court at length. He submitted that there was no case to scud to a jury, as the evidence was so contradictory. His Worship said that one great point in the case was that it was a moonlight night, and as the party wore together lor a considerable time, he thought the prosecutor's evidence with regard to the occurrence could nob be far astray. The conduct of the prosecutor was extraordinary. None of the witnesses had stated that there was tiny other petsons in the vicinity when the assault was committed.

Mr. Cooper asked His Worship to adjourn the case until next morning in order that he might have time to consider whether he should call evidence for the defence.

His Worship acceded to Mr. Cooper's request, and adjourned the case to ten o'clock next morning.