ASSAULT ALLEGED.

New Zealand Herald, Volume LXIV, Issue 19607, 8 April 1927, Page 14

ASSAULT ALLEGED.

UNO!DENT; OLD MAN LOSES MONEY. ACCUSED PLEADS NOT GUILTY. The story of a violent attack with a stick on an old man, aged 70, was told in the Police Court yesterday, when Desiderio Diaz, alias Jack Days, aged 31 (MrrElwarth), was charged before Mr. F. ,K. Hunt, S.M., with robbing Jeremiah John Goaney ox £5 and using personal violence. Geaney, a gardener, living in Robertson Road, Mangere, said that on Thursday, March 24, he went to the Manukau Hotel, near the Gnehunga Whnrf, between 5 p.m. and 6 p.m., and got into conversation with accused and "shouted" for him. Witness informed accused that : he desired to return to Australia, and accused suggested that witness should consult his brother regarding legal formalities. Accused said his brother lived across the Mangere Bridge. On crossing the bridge accused attempted to persuade witness, to enter a gateway, stating that his brother lived there. The Attack Described. Witness said he was not keen, and accused said he would go bring . his brother out. Witness stood looking down the track where accused-had gone for a minute or l. two, and the next moment he saw accused behind him and the shadow of a stick descending over him. ; "He smashed into me. as hard as. he could right and left with the stick," said witness. "I called out "murder,* but I fell to-the ground, and ho kept repeating the blows. The last thing I remember, accused was twisting me around, and then he-rushed away." ■ Witness added that. he eventually .got to his feet, and on feeling in hi's pockets found that about £5 was missing. He then went to a house on the opposite side of the r6ad, when the police were summoned. Witness had received injuries above the eyes, and was taken to the hospital, but after receiving treatment was allowed to return home. On the following day witness easily identified accused from among 10 or a dozen men. Several witnesses gave evidence that they saw accused in company with Geaney on the evening of March 24. Geaney had a sum"~bf money in notes. Cyril Andrew Lockwood said Geaney was three-parts drunk, but accused appeared to be quite sober. Statement by Accused. Constable Pole said that on the evening of March 24 lie received a complaint regarding the assault at/about 8.10 p.m. He saw Geaney, who was bleeding from a severe cut over the left eye. His right ear was bruised and bleeding and there was a bruise over the right temple. Geaney directed witness to a spot at the rear of a blacksmith's shop, just across the Mangere Bridge, and about 50yds. from the Mangere Road. At 6.30 a.m. the following day witness found a broken tea-tree stick with bloodstains on it near the gateway to a Chinese garden, There were also, bloodstains on the grass. Acting-Detective Power said he interviewed accused at about 6 p.m. on March 25 and asked him to detail his movements the previous evening. He denied having been at-the Manukau Hotel. He said he had been working in the morning, and had returned home at lunch-time and stayed home during the remainder of the day. Later he made a written statement in which he admitted being in the hotel for a few minutes. He denied having had jjpy drinks and denied speaking to Geaney. Accused pleaded, not guilty and reserved his defence and '&as committed to the Supreme Court for trial, bail being fixed at £2OO.