SUPREME COURT.

Otago Daily Times, Issue 14916, 19 August 1910, Page 7

SUPREME COURT.

CRIMINAL SITTINGS. TnunsDAT, August 18. (Beforo his Honor Mr Justice Williams.)

ASSAULT ASD lIOBBEKT. Thomas M'Namara and Joseph Francis Donnelly wero iiuliclctl that they did on llio 12th July, at Dunedin, rob James Black of £2 17s, and did use poisonal yiolonco towards him.-There was a second count of assault with intent to rob, and a third Mr Macassey represented tho Crown, and Mr Hay appeared; for tho two accused, who pleaded " Not guilty." . Mr Macasscy, in opening the case for tho Grown, said that up to Juno last Black worked on a dairy farm at Green Island. In Juno ho camo to town, and stayed at tho Contra! Dining Rooms in Manse street. On tho morning of tho 12th July ho was standing at Hopkins's 'comer when Donnelly approached and spoke. They had a short conversation* Black remarked that there- wan not much work going. Donnelly replied that ho knew of a job ut scrubcutting at Milton, and ho asked Black to go with him. Donnelly borrowed 6d to pay lor his mate's breakfast. Donnelly said that his name was Harrison. About 2 p.m., whilst Black was at tho Maclaggan street corner of tho Arcade, Donnelly wont nip to him, and they wero joined by a man named Walker, who was introduced by Donnelly as the licss at Milton. Thoy went to the Shamrock and had a drink, and Donnolly borrowed 7s 6d to pay for his railway faro to Milton. Black and Donnelly had tea together at the. Ship Restaurant. They were mi company all that afternoon, and had a drink, for which Black again paid. Black paid for both teas. As they left tho Ship Restaurant Donnolly put on Black's overcoat. They went to tho Imperial and booked two beds for tho night, Black paying 3s. In the street Donnelly introduced Black to M'Namara, and tho thrco had a drink, Black *'Bt<wling" it. Black and Donnelly went to tho Alhambra Theatre in tho oveniug. At tho interval Black, Donnelly, and M'Namara went up to the Excelsior, M'Namara was picked up outsido tho littsi:? Black would not go into tho hotel. WhcD tho aocuo?'. l camo out tha three of them wont down Ddwiisg '"treat and into Crawford street.. Wncn- they - lOachcd M'Calltim's timber yard the accused knocked Black down, and ono held him whilst tiro other took his money. Black reported tho matter to tho police. Ho was at tho ■ time bleeding from the neck, and qnito dazed l . Evidence was given for the prosecution by Ja.mes Black, William- Walker,. Constablo Dunford, Alfred W. Brown, the Rev. Vincent King, and_ Detective Thomson,

Mr Hay, addressing- tho jury, said tho two accused wore before tho court charged with robberyaoccimpanied by violonco. That was tho main ohargo,_ and it was a case of robbery accompanied, by violonco or nothing at all. Ho (counsel)'would therefore oonfino himself to tho first count, tho maximum penalty for which was W years' imprisonment, with hard labour. It was incumbent upon tho jury to say that tho ohnrgo was conclusively proved before conviction could follow;' that was to say that tho men's guilt was proved- beyond any reasonable doubt on, tho evidence adduced. And what was tlmt evidence. Tho only ovidonoe that boro directly upon tho case was tho ovidonco of and thero was not a particle' of othor'evidence thai bore directly upon tho fact of tho aswult. Black was the only man who said ho was assauttod, and tho other evidence was called apparently for tho purpose of bolstering up tlw caso against accused. Ho (counsel) might admit tho other ovidence to bo true, for it would not provo that those men assaulted complainant. It might bo true and yet the accused lie quite innocent. As to tho ovidonco Af tho Rev. Mr Kin" it only showed that ono of these men (Connelly) was in complainant's company that day, and that M'Namara was in his company during the tlicatro interval, It was suggested that this evidence corroborated tho evidence of complainant, and showed that thoso men had committed tho assault, but if tliat wore so why was not Walker, nnd ho (counsel) did not know how many more persons who wore in complainant's company, placed in tho dock. It was stated that tlieso men had loft complainant at the Excelsior Hotel to go in and havo a drink, and complainant might vcrv easily havo boon picked: up by soirieono clso. As to Black's ovidonco, bo, was prepared to say nearly anything. A more deplorablo exhibition of unreliability could not bo imagined. Ho had sworn ho had only had throe drinks that day, and in the other court ho had said ho had had six. Moreover, ho had been ordered out of a publichouso that afternoon, and yel, he said he had only had three drinks. First he had said ho. met nccusDd in tho street, then in tho theatre, then in tho miblichouse, and then in tho street again. Thou ho. said M'Namara had accompanied him to the tlicatro, and then ho said ho had mot him. outsido tho theatre Walker had said ho had' had a drink with complainant at tho Kxcclsior Hotel, and compliunant had said ho was never in tho Kxcclsior Hotel at all. His Honor summed up, and the jury retired at 20 minutes to 3, ojid returned half an hour lator with a verdict of " Guilty.' - His Honor said prisoners could stand down. RKCKIVIKG STOLEN' PHOPEHTT. Ernest. Augustin Coiley was indicted that ho (bd, Iwlweon the Bth and 14ti June last, receive from Joseph Sutherland and Edward Michael Wood a quantity of goods knowing them to havo beon stolen. Accused, who was defonded b) Mr Hanlon, pleaded "Not guilty." Mr Macassey, who represented the down, said accused's wife kept a sr.rond-hand dealer' 6 shop in King street. Two boys named Joseph Sutherland and Edward Michael Wood had been recently before tho court in connection with tho'theft of certain articles. These boys would "ivo ovidonco that as a result of the theft of thoso goods, which they handed to Cofley, camo -before his Honoi for sentence, and received a short term of imprisonment, and wero committed to tho Industrial School. Ono of tho boys—Sutherland—was a brother-in-law of accused. About (he Bth of Juno tho two boys broke into Thomson's lxwt factory, in Lower High and took somo boots and shoes. They took thoso articles down to Corlcy's shop, in King street, and knocked at the door Corloy camo to the. door and invited thorn inside, and asked tlrem whore thov got tho things. Ho was told, and gave' them Zs oaoli, advising them not to go back there[ again as someone, would be watchwjr them. Another night they went to a warcJmise in Moray place, kept by Byrne iind Poole, and stole cigars and tobacco. IhOT wont to accused's the. same evening, and ho took the Roods and gave them 2s each again. Thoy told him where they got tJiesc things, and ho told them not "n. ™ as " ln '" c:,so []tc, y would be caught. They went back to the same wareliouso later and stole a number of things and went to Corlcy's about 11 o'clock "at n:ght and sold a number of the articles to hini, recoiviiur Is ,nch. On tho 14th Juno they sold hi.ni a pair of lcgtrjnn* and received Is lid. When Corloy loiind'hini. self in trouble he went to Sutherland's fathers houso, and wanted him to swear that ho (Corloy) had not received llio leggings from him. Sutherland said he could not do that becauso-Jio had told Detective Thomson about it. Dotcetivo Thomson called at tho shop, and asked C'orlov if he had bought tho goods, and ho replied ho had nob. The detective then examined the. took, and found an ontrv of a pair of slices, the price given being 2s 6d, and the name M. Wood. Thero was also onothor entry »> tho name of Wood. When Corloy s attontion was drawn to this he said ho knew nothing about it. Tho detective called on Mrs Corloy lator, but she had not. returned. Accused said she had been liar),- since tho detective's previous visit, and had gono out asjain. Accused saidj " Well I may as well bo straight about it. Hero arc the articles." Detective Thomson said surely the boots were not- the ones referred to, and accused replied yes, they were. In tho evening Doteotive Thomson wont back again with Detective Hunt. Corley was asked about the cigars, and he said lie had givon them to a young man ho know who drove Bethune's butcher's cart at tho North-East Vnllcj. Mrs Corloy said, "Ho tells lies. If be had told thetruth it would be all right." This young innn would toll tho court ho never bought any tobacco from accused. It was accused's duty to satisfy tho jury that ho came by the tilings honestly. EviHftwn was given bv Joseph Sutherland, Edward Michael Wood, Mary Hulmer, Cecil James Waites, Detective Thomson, and Defective--Hunt. This closed tho case for tho Crown, and tho court rose at 10 minutes past 5 o'clock, to sit again next morning at 10.30.

■s. Ho also pointed cut that ho (Mr Mams) had received no proper .notice to lcfend or apply for special l'oavo as ■equircd by tho act.—Tho Magistrate ruled hat service of his intention from Mr

Hutchison: had been received too late, and gave judgment for plaintiff for tho amount claimed, and costs £1 10s 6d.-—Harbour Bros. (Mr W. L. Moore) v. John Arthur, claim 16s 6d, for milk supplied, with costs (ss).—Alifeld Bros, and Co. (Mr Scantlebury) v. Joseph Gallagher (Hawera), claim 2s, balunce of account due for goods, with costs (17s). Thomson, Bridgcr, and Co.. (Mr W. L. Moore) v. Herbert Hodges, claim f!10 5a lid., for sroods supplied, with costs (£1 10s 6d). —R, Hudson and Co. (Mr Hawkins) v. Archibald Harold M'Auliffo (Otautau), claim £22 8s sd, for goods supplied, with cosfe (£2 11s). Archibald Thompson (Mr Hawkins) v. Margaret Gorinski (Owaka), claim £9 10s, for Silver Star bicycle', with costs (£1 3s 6d).— William Duncan (Mr Irwin) v. Harold H. lUyncr (Timani), claim 8s 9d, balance of account, with costs (10s).- Johnston, Soivi, and Co. (Mr Scantlebury) v. William Andrews (Wellington), claim £3 Is, for books supplied, with costs (10s). Ahlfeld Bros, and Co. (Mr Scantlebury) v. Allan M'Corkindalc, of Hastings (Mr Lemon), • claim £13, for goods supplied—Mr Scantlebury stated that the de-fondant was a watchmaker and dealer residing in Hastings. He was in Dunedin on September 28 of last year, and was occupying sample rooni3 in tho Express Company's Buildings in Miuisb street. Defendant was waited on the.ro by Mr Kahlenborg, of tho firm of Messrs Ahlfeld and Co., who secured an order from Mr M'Corkindalc for 130 gross of brooch joints and catches. M'Corkindalc gave his order on awing a sample shown by Mr Kahlcnberg containing 12 different kinds of joints and catclres. The goods were sent round to tho fiamplo rooms, whence they wore returned to Ahlfeld Bros. Tho latter firm refused to accept delivery, and returned the parcel to tlio sample room. Subsequently a firo pecurrod, and gutted the building containing tho paroe,'.—William Hunter Campbell (departmental manager) and Paul Frederick Kahlenborg gave evidence for tho plaintiffs bearing on the details kadiii" up to tho final transaction-Mr Kalik". berg said the r defendant made an offer ol 2s per gross for the catches and joints, and no accepted it, as he wanted to clear out tho stock. Tho usual pries was 5s 6d a gross. The cost at Home per gross was 3s, and t.ho cost landed hero 4s.' Tho defendant had returned tho goods to his firm, but they rcfussd to accept them. Ho understood tho sale had been effected, and their travellers wero .immediately advised to tho effect that they need not, bother further with these goods as they had been sold.— Mr Lemon, for tho defence, argued that defendant considered he was entitled to return tho goods if they were not according to sample. When he saw the articles defendant was not satisfied with them, llio catclies and joints were in irregular numbers Defendant returned tho goods wjtiim half an hour to Messrs Ahlfeld Bros., who, however, refused to accept delivery of them, and they went back to tho Express Company's Building,?, in Manso street, and were burnt in the recent fire ~ Thomas Wyatt (stcreman) and Bernhardt lioodmnnson (carrier) gave evidence as to tho parcel of articles being sent to Ahlfeld Bros., and their rafnsal to take thornAfter argument his Worship said that, looking at the ovidenco and correspondence, ho was satisfied that a sale took pkco in the sample, rooms of 130 gross of brooch joints and catches at 2s n gross. The wile was bv sample, and the goods according to sample Ho therefore gave judgment for tho full amount, with costs (£3 7k).