ASSAULT AND ROBBERY.

New Zealand Herald, Volume XLII, Issue 12852, 28 April 1905, Page 6

ASSAULT AND ROBBERY.

TWO MEN CHARGED. PECULIAR EVIDENCE BY THE PROSECUTOR. ■ ' Samuel Blair and Thomas Kennedy, two powerful-looking men, were charged at the Police Court yesterday, before Messrs. P. M. Mackay and T. King, J.P.'s, with assaulting and robbing Patrick Smith of the sum of £4 9s. Mr. Baume defended, and Chief-Detective Marsack conducted the prosecution. The prosecutor, Patrick Smith, who is an elderly man and a labourer, was the first witness. He said that on the 14th inst., as he was going down the street, he saw Kennedy at the corner of Fort-street. Kennedy came up to him and asked him to "shout." They were joined by Blair, who Kennedy said " was a good bloke," and went into the Criterion Hotel and had a drink. From there he and Kennedy went to McLean's office in Queen-street, where he (witness) got a cheque for £shis wages. When he came out he and Kennedy picked Blair up at the corner. They then went to the Thistle Hotel, where he shouted for the accused. In payment of the drinks he cashed the cheque, getting four sovereigns, half-a-sovereign, and 8s 6d in silver. He put the money in the left-hand trousers pocket, in which there already 'was 6s. From there lie went to a tailor's shop in Wellesley-street, where he got a parcel, and started up Grey-street on hi* way home. He, however, saw the accused at the corner of Cook and Grey Streets. He took them into the Market Hotel, where they had a, drink. He then went down to the urinal, and the two accused also went there. Both men caught him around the neck, and Kennedy said Now's your time." He was stunned for a bit, and one of them cut his pocket open, and put his hand in his pocket. They ran out, and left him in the urinal. When he got up he found all his money had gone. He informed a constable of what had happened. In answer to Chief-Detective Marsack, the witness said ho had no doubt as to the accused being the men. c Ah*. Baurne: When were you in the lunatic asylum la^-t? Witness: A few weeks ago. You have been there three times?— through a drop of drink. I have been in the asylum all my life. When did you pay for the suit you had under your anil?— The day before. Where did you get the £5 to pay for the suit?— Stole it. * • Mr. Baume (to the clerk): Put that down. . . Witness: Ah ! That is not right. . hat was the . last lunatic asylum you were in? Witness: Oh, don't talk to me. Mr. Baume: 1 will, and you must answer me. Witness: In Avondale. How long ago were you in there? —A couple of years ago. Well, why did you tell me you had come out a few weeks ago?—l did not know who you were. How long have you known Kennedy?— About 20 years. * .- The Bench here complained, of the waste of time by the witness. Mr. Alarsack: He does not understand the Court work.

Patrick Quinlan, licensee of the Thistle Hotel, said he saw the last witness and Blair coining to his hotel about a fortnight ago. The prosecutor cashed a cheque with him foi £5. The cheque was signed by Mr. McLean. There was a, man like- Kennedy with them. Smith was perfectly sober when lie left the hotel. _ . Rudolph Allen, cartel, said lie saw -the two accused close to the Market Hotel on tko 14th inst. They stood outside the Market Hotel for a few minutes, and li 3 then lost sight of them. Five minutes later he saw Smith run around - thr h6fol. Constable Murray said Smith, on the 14th ins!:., complained to hint at ten a.m. of having been robbed at the urinal of the Market Hotel. His trousers were torn down the side. Detective McM'ahon said lie arrested Blair for drunkenness on the 15th of this month, and subsequently charged him with the present olleiice, and in reply he said, " I plead not guilty." On the 181 he arrested Kennedy at Henderson, on warrant, and in reply to the charge he said, "1 know nothing whatever about it." . .J allies Alexander McMillan, barman at the Market Hotel, called by Mr. Baume, said he remembered Smitl' coming to the hotel on the 14th a little aftev. nine o'clock. He was alone. •In answer to Chief-Detective Mar sack, the witness said lie knew the accused well, but was not friendly with them. It was possible for them to be in the hotel without his seeing them. Mr. Baume said he intended calling a .witness, who would swear that the accused did not have a drink with Smith in the hotel. He thought that no jury in the world would convict on the evidence of Smith, the chief witness, whose evidence was contradictory and unreliable. His chief statements were not borne out by. witnesses. The tailor had not been called by the prosecution to say that the suit was purchased on the previous day, and it might have been paid for on the 14th, the day of the assault. . Furtbei defence was reserved. 'I he Bench- thought, oft the' evidence, there was a case, and committed the prisoners to take their trial at the Supreme Court. '• . t:' - - Bail was allowed in'two sureties of £100 each, and themselves in one of £100.