THE DAYLIGHT ASSAULT CASE.

Otago Daily Times, Issue 12601, 3 March 1903, Page 7

THE DAYLIGHT ASSAULT CASE.

THE ACCUSED BEFORE THE COTJBT. At the City Police Court yesterday afternoon, fcefore- Mr C. C. Graham, S.M., Thomas Ramsay and. John Caiins -were charged (on lemand) with having, on February IC, at Dunedin, assaulted, and robbed Thomas Beid of £235 in money., Mr Hanlon appeared for Eamsay, Mr Irwin lor Cairns, and Mr Fraser for tho prosecution. On Mr Hanlon's application, all witnesses were ordered out of court. Mr Fraser did not open his cose in the usual ■way, but proceeded immediately to call evidence. Archibald Andrew, baker, o{ Outran], deposed that ho had a. stable nt tho back of his premises, and a storeroom next to it. On Sunday, February 15, among other harness, he had a nearly now set of light spring-cart harness in tho stable. In th'e storeroom wero two saddles and one bridle. On Monday, February 16, he missed the last-incntioned set of harness, and later on found a saddle hod gone. He bad baen that morning shown his harness by Detectives Campbell and Hill. Robert Campbell, farmer, residing at North Taieri, said ho remembered Monday, February 16, About 3 o'clock that morning he was awakened by the housekeeper, who had seen Bomeono striking a light in. tho stable, and bj the time he .got outside he saw a man going down to the road. Witness wont down to the load and heard what sounded like two horses going towards Dunedin. He weofc back to the stable, and missed his cart from a shed. He next saw his cart in the police station yard on the 18th. As far is ha could see, the uiati who left his yard had something grey on, II ' was moonlight at the time. To Mr Hanlon: He might have been throe chains from the man. Hβ could not tell what tho man lied on—whether a coat or a, sack Heloet:sight of the man at the gate, and heart the chain put on. The. man was not hurrying. Hβ wanted to see him, but could not. H( did not hear c cart on the road; just a hors( or horses. To Mr liwin: He did not suspect his carl had gone till later on, when he went buck. To Mr Graham: He last saw the cart on tin Saturday. Robert Goodison, dealer, residing at Grera Island, deposed that on Friday, February 13, In 'took two horses to graze at Mr M'Kellaf s paddock, Ouiram. On the following Wednesday he Eaw one of the Ec—a brown horse—al the Dnnedin Police Station, and identified it. Margaret Williams, residing on the Eeclaimed land, In Willis street, said she remembered- Monday, February 16, being roused at about 4.30 a.m. by a trap coming froir the direction ol Rattray street. i Mr Hanlon objected to this evidsnee us irrelevant, and submitted that Mr Fraser nmsi show that the evidence as to what took place at 4.30 in. the morning was relevant to the inquiry as to the events of the afternoon. Mi Fraser had not opened his case, and there was no telling what evidence he might not adduce 'Mr Fraser: From my point of view it is relevant. I did not open the cass became ] havo already had reason to complain of some of tho Crown witnesses being interfered with, The co.Ee is composed of a large number oi links, and it would not ba prudent to explain the consecutive stops that connect each piece of evidence with the offence. ■Mr Hanlon: Why should not the accused liave an opportunity oi knowing what is coming ■up against thsm? Mr Fra-ser: I have never heard that thej should have. Mr Hanlon: Then what is the object of opening a case? ' His Worship: I am prepared to accept this evidence in the meantime. Witness (continuing) said she got up to pul s can outside, thinking it was the milkman. She saw a man taking a, horse out of a trap, She saw only one man, but saw two horsef after he went away. Tho cart was there a.l] the morning. The horse and cart wore gone about 2 o'clock, and she noticed them harnessed up at 11 o'clock. She saw only the bacli o' the man, and had not seen him since. He had on a dark coat, light trousers, and soft hat. Alfred Barnes, corporation labourer at Dunedin, deposed that on February 1G Inst he was on the Reclaimed ground at 7.30 a.m. He was working there from that time till B p.m. He saw a milk-cart with two horses tied to it at the back of Benjamin's store. They were there from 7.30 till about 11.30 a.m., when, on returning from a trip to Walker street, the bay horse was gone and the block horse wee harnessed up.--.He had noticed a man about the spot, but could not swear to his identity. The accused Kamsay looked like the man, but he could not be sure. Witness identified the tho horse and cart at the police station, and also the jecond horse. To Mr Hau!on: Eamsay resembled tho man he sp.w. . Frederick William Eason, fanner and woolclasser, residing at Katea, near Owalta, gave evidence that on February 16 he was in Dunedin, and engngcJ in having some furniture removed. At 10 minutes past 1 ho reached the corner of Cumberland and Water streets, and remained there until nearly 3 o'clock. A few minutes after ho got there ho noticed a hqrso and cart very much -like one owned by himself. A little later it passed him again. There were two men in it, half an hour elaps.ing between tho intervals of seeing it. The first time it was going south and the second timn north He saw the cart again at 7 minutes to 3, travelling the same way as at first, and it stopped close to the railway fence, nearly opposite the Union Company's office. The two men got out and camo over and stood besidt witness, one on each side. Witness moved beck closa to the wall, and (ook particular notice of them. His attention was attracted by the fact that they woro not speaking at all to' one another, but were excited, and looking down the street towards Bat-tray street, of which they commanded a good view. He identified the two accused as the two men in the cart. After they had been standing there about live minutes witness heard one of them say, " There he is," and they ran down Water street into Vogel street. Ho could not say which man made the above remark. Ho followed tho two to the corner of Vogel etreet, but could not Eee what caused the remark. Witness thought the accused went to the right when they reached Rattray street. It was then two minutes to 3by witness's watch. Witness then went away for five minutes, and when he camo back the cart was gone. He subsequently identified tho horse and car , - at the police station. To Mr Hanlon: Ho went to this corner to find an expressman, who had teen engaged to take his furniture to the railway, and chose that corner ns he could see him coming along either way to the goods sheds. He did not pay a visit to the Terminus Hotel at any time. He kept an appointment with Messrs Adams Bros. Ho noticed the two accused very carefully. One (Kamsay) was of medium height and build, with a light suit all one colour, a light crush hot, and short Ward. He identified the men at the police station from eight or ten others. He thought it probable they might havo interfered with him if he>.did not get out of tho road on the day he watched them, To Mr Irwin: He did not take much notice of the way the. accused Cairns was dressed. He wore a mixed suit, but he could not say what colour his coat «is. He also woro a soft hat. ■Thomas Reia, clerk in the employ of Messrs hargooci, Son, and Ewen, deposed that it was part of his duty to carry the wages money for the boot factory from the warehouse. The tune at which he cmitd the money was usually between 2.30 and 3.30. He took it on Mondays. On February 16 he took the wages foi tho factory ns tisual", in all £281 Gs 2d, made up of single notes, gold, silver, and copper. It was about six minutes to .1 o'clock when- he left the warehouse. From the warehouse he crossed High street to the Triangle, and went down Kattrny strest on the Triangle side as far as the railway station. He crossed the line and got into Richardson street. He passed the corrugated iron fence at the back of the statiop, and the last he remembered was being within 2ft or 3ft of the-corner of the paling fence opposite a vaca-nt section. He then became unconscious from a blow on the back of the head; he did not know from whom. He saw nobotiy about beforehand. Hα recovered consciousness in the Hospital. Mr Fraser intimated that he had a- number of witnesses still to call, and at 5 p.m. further hearing of the cose was then adjourned till Wednesday, at 2.15 p.m. — The gimlet-pointed screw has been responsible for more wealth than'meet silver mines,-