ASSAULT IN STREET

New Zealand Herald, Volume LXX, Issue 21560, 3 August 1933, Page 12

ASSAULT IN STREET

PUKEKOIIE AFFAIR, INTENTION OF ROBBERY TWO MEN FOUND GUILTY The ease in which Patrick Ryan, aged 32, and John James, aged 28 (Mr. Noble), wero charged with robbing James McCormick of £2 13s with violence, in Queen Street, Piikokoho, on the night of June 11, was completed before Mr. Justico Smith and a juryin the Supreme Court yesterday. There were alternative charges of assault with intent to rob, and also of assault. Mr. Hubble appeared , for the Crown. Frederick Samuel Loughi-in, grocer, said he was standing in tho street just beforo six o'clock on tho night in question when the two accused came up to him. Ryan asked him for and some money for a meal. Corroborative evidence was given by Lorrio Nelson Harris. Samuel Black, farmer, of Tuakau, said ho was endeavouring to start his motor van, which had broken down in Queen Street. A man of Mr. MeCormick's build passed up Queen Street. About seven minutes later one of tho accused came up and asked him for a cigarette. Tho other accused stood near by and after a while they passod on up the road. Shortly after, he saw Mr. McCormick stumble down tho road with his face bleeding. After ho had helped Mr. McCormick home, ho saw both accused coming down Queen Street from the same direction. Blood on Man's Oheek Gordon Burrows, grocer's assistant, said that at about 6.40 p.m. lie saw the two accused. Tho taller stopped and asked for tobacco and the shorter accused hesitated and then walked on. The latter had blood on his cheek. Corroborative evidence? was given by Victor James Mitchell, who was with Burrows at the time. John Hurst and Thomas Lo Heron gavo evidcnco that the two accused accosted them in King Street just beforo 7 p.m. and asked for money. One of the accused had blood on his face. Constable Mawhinney said ho arrested tho two accused in a billiard saloon at about 8.30 p.m. James had blood on his faco and both hands, in addition to skin abrasions. Ryan had blood on his hands. They stated that they had had a fight outside tho Pukekoho Hotel just after six o'clock and that they had not been out of King Street all evening. One of the accused gave a false name. Next morning witness noticed that two buttons were missing from James' coat, ono having been torn off recently. When the accused wero searched Ryan had 7d and James had no money.

Address to Jury Corroborative evidence was given In Sergeant Cowan, who also said he visited the scene of the assault next morning. There were largo bloodstains on the footpath. Witness found a darkcoloured button of an ordinary type on the footpath and on examination it proved to be similar to the button on the top of James' coat, but slightly different from the one at the bottom. Mr. Noblo called no evidence for the defence, but in addressing the jury said the Crown case was merely a case of suspicion. Mr. McCormick had said the men who assaulted him came from in front of him, and he had seen no one pass hiim On the other hand the witness Black had said that accused came along Queen Street behind Mr. McCormick, and about seven or eight minutes later. The scene of the assault was only a,bout 300 yards fr"tn where Mr. Black was standing. Accused were charged with robbery, but they had only 7d between them when they were arrested. After a retirement of nearly four hours, the jury returned a verdict of guilty on the charge of assault with intent to rob. Accused were remanded for sentence.