SERIOUS CHARGE

Otago Daily Times, Issue 24430, 16 October 1940, Page 4

SERIOUS CHARGE

ROBBERY WITH VIOLENCE INCIDENT AT PORT CHALMERS FIVE YOUTHS INDICTED Five youths faced a series of charges in the Supreme Court yesterday before Mr Justice Kennedy, the most serious of which was robbery with violence. The charges arose out of an incident on the Port Chalmers wharf last July, when, it was alleged, Rowland Eyre Hayward, a fisherman, was assaulted, robbed of a bunch of keys and £2 in notes, and thrown into the Harbour The accused were David Walter McConachy, Albert James McNaughton, Stuart Humphrey Wilson, Peter Arthur James Clough and John Huntley Curtis, who were all represented 15 by Mr W. J. Meade. Mr F. B. Adams conducted the case for the Crown. The three alternative charges were assault causing actual bodily harm; assault causing bodily harm so that, if death had ensued, the accused would have been guilty of manslaughter: and common assault.

Addressing the jury, the Crown Prosecutor said that the first two charges were not alternative, but should be considered as two counts on which there could be convictions. The other counts were alternative. Mr Adams emphasised the seriousness of the crime of robbery with violence, and said that, .although the amount alleged to have been stolen was small, the complainant had been in grave danger of losing his life in the water, in which case the charges againsl the accused would have been murder. Dr Geoffrey Barnett gave evidence of the injuries suffered by the complainant, and Macdonald Brown, official police photographer, produced photographs of the scene of the alleged assault. Complainant’s Evidence

Rowland Eyre Hayward, a fisherman, of Port Chalmers, said he had negotiated with Clough, in Timaru, about a job on witness’s fishing launch, and Clough had arrived in Dunedin the night before the occurrence. By that time however, it was not possible to give Clough a job, and witness had told him that if he could not find work he would pay his fare and expenses to Timaru. On Tuesday, July 9, witness returned from a fishing trip about 7 o’clock in the evening. He was accompanied by Miller, his assistant. On the wharf witness was stopped by the five accused. Clough stating that he wished to see witness alone. Miller walked on and Clough then demanded a week’s wages. Witness replied that he would give him his return fare to Timaru. but McNaughton said: “That’s no good to us. We have decided to punch your nose and chuck you in the harbour.” Wilson also said something, and then the five accused closed on him. Witness was thrown face downwards on the wharf and Wilson held his right arm, McConachy holding his left arm. Two others grasped his feet. His right arm was held across one of the railway lines on the wharf and he had a bruise for several days. Witness then felt someone going through his pockets, but he could not say who. While he was being held on the wharf one of the accused struck him behind the right ear. the blow later causing pain to his throat, which had to be examined by Dr Barnett.

The five youths then pushed him over the edge of the wharf, McNaughton standing on witness’s fingers as he hung on to the planking to save himself from falling into the harbour. The tide was fairly full and witness dropped 10 or 12 feet. He was wearing a full suit, with heavy jersey and underclothing and brogue shoes, with a torch and other articles in his pockets. He had to swim violently to reach the surface when he went under and he found himself about 10 feet under the wharf. He managed to swim 60 feet with great difficulty to a bolt on a pile and caught hold of it, standing on the submerged stringer of the pile. A boat came across to him and he was taken on board. Witness described his subsequent actions at the Police Station and his home.

Conversations With Police Cross-examined by Mr Meade, witness said the last time he had handled his money before the struggle at the wharf was at mid-day on the previous day. It was possible that he hacT lost the money before the alleged assault. He did not actually feel the keys going from his Docket, but he felt for them after coming out of the water and they were gone. Witness admitted that he did not tell the police about the robbery when he went to the police station. and when he rang up Constable Thompson and later Constable Craig during the evening. He had referred to being thrown into the harbour. He did not say to Constable Craig next morning that the keys and money might have been lost in the course of the scuffle on the wharf. Evidence regarding the incident was also given by Christina Hayward, Rudolph Miller, and Gordon Wallace Varcoe.

Constable Walter John Robertson was still being examined when the court adjourned until this morning.