ASSAULT AT NIGHT.

New Zealand Herald, Volume LXIII, Issue 19474, 2 November 1926, Page 13

ASSAULT AT NIGHT.

TWO MEN VISIT A HOUSE. ATTACK MADE ON OWNER. SON CATCHES AN ASSAILANT. Following an attack made by two men cm a resident of Mount Eden Road on the evening of Saturday, October 9, Eric Keith Hunter Taylor (Mr. Cahill), aged 24, was charged in the Supreme Court yesterday with assaulting William George Ferguson with intent to rob him of a gold watch and chain valued at £25, and 8s in cash, robbery with violence, theft and displaying personal violence. Accused pleaded not guilty. Mr. Meredith, for the Crown, said that about eight o'clock on the evening of October 9 Ferguson answered a knock on the door, finding two men there. They offered Ferguson a drink and while he was turning into the house to procure an opener, he was knocked down, seemingly with a bottle, and the men began to rob him. They threatened to throttle him if he gave any alarm. Afterwards they left him. and he told his son, who gave chase and caught one of the men, Taylor, the other disappearing. Taylor was given in charge, but he denied the offence, saying it was the other man who had attacked Ferguson. He refused to disclose the name of the other man, of whom no trace could be found, but he mentioned the name of a man named Gardiner. He was confronted with Gardiner, and then admitted Gardiner was not with him on the occasion.

Ferguson, his son and other witnesses gave evidence in support of counsel's statement.

The defence was that accused had not committed the offence, although it was admitted Taylor was present during the attack. Counsel did not cilil any evidence, but submitted there was no proof that there had been anything but a scuffle. He claimed there was a reasonable doubt, the benefit of which should be given to accused.

Mr. Justice Herdman said the case was a simple one. A peaceful citizen had been attacked by men in front of his own house. Accused denied having any part in the offence, but the legal position was that a man who encouraged an offence might be the principal offender. The jury, after a short retirement, returned a verdict of guilty on the count of assault. Sentence was deferred until to-morrow morning.