NOVEL ASSAULT CASE.

Otago Daily Times, Issue 14156, 7 March 1908, Page 10

NOVEL ASSAULT CASE.

FORCIBLE DEIST COLLECTION.

(Faoit Our Own Co?.rk.sfondkkt.)

ORKYMOUTM, March 6. A case presenting some unusual feature.? was heard at the Supreme Court at Ilokitika yesterday, when T. 0. Jones was charged with assault and robbery. Accused entered a plea of "Not guilty," and the evidence wont to show that another man named Jones owed the accused £14 for a gambling debt—money won at fwo-up. The prosecutor admitted that he owed the mouoy, but said that he would never pay tho/amount, as 'accused had won it by unfair means—viz., by usin« a two-headed coin. .Prosecutor left lh*e Big wiver, (where the two-up had been played) on a Sunday unknown to anybody. Accused got ''wind" of the disappearance, and immediately set out after Jones, whom he found playing cards in an hotel at Cronadon, He immediately demanded his money, which was refused. A struggle followed, but prosecutor got. free and ran up the road, with the accused after him. The two again closed, and the accused then got tho best of the fight and took the rnonoy out of prosecutor's pocket.' His Honor remarked on the peculiar circuinstances, but said a- man had no right to take the law in his own hands. To meet the case he would put the following special i*uea to the jury;-(l) Did the accused take the money from David Jones againet his will with the intention of paying a gambling debt due to him from David Jones and with the intention of permanently depnvmg David Jones of such money (2, Was 81I0 h money taken bv «*u»d under the honest belief that he vas legally entitled to it? Th " y found accused guilty of assault on David JOMB, With a ilmii; recommendation o lkd " Y f" »» the W of his Honors issues, and "N 0 " I 0 the second. His Honor fined Jones £io for he .mult, and ordered him to conic up roblS etee Ce " ed ° n ° n the char «° 0 "