SUPREME COURT.

Otago Witness, Issue 2529, 3 September 1902, Page 30

SUPREME COURT.

CRIMINAL SITTINGS. I Mosday, August 25. | (Before His Honor Mr Justice Williams.) His Honor took has seat at 10.30 a.m. The following gentlemen constituted the Grand Jury:— JR. Chisholm (foreman), J. Angus, C. ' H. Beyley, W. Brown, A. Cameron, T. C. ' - Coull, J. W. Croft, F. A. Cutten, H. Forrest, ' P. Hally, J. W. H. Haynes, J. Molhson, W. Murray, W. A. Mackintosh, J. L. Pasgniore, B. C. Skeet, C. Speight, R. R. Taylor, R. Turnbull, and W. Wardrop. His Honor addressed the Grand Jury in the following terms:— Mr Foreman cud Gentlemen of the Grand Jury,— We are met to-day for the first time in our new building, a build- • ' ing much more seemly and commodious than jthe one we have left. No doubt it has certain 'defects, but there is no reason to believe that 'ithese defects cannot be easily remedied. The calendar to-day is rather heavier than usualthere are 17 persons charged with various offencea. Five persona are charged with having .together robbed four separate individuals on ithe Flat. Then there are two accused of stealing articles of jewellery <from a hotel. There are seven charges against these two. Then there is a case of house-breaking : several cases of theft, and there are two cases of forgery- j are two cases of assault, and one of th» | 'cases of psssult is an assault on a woman. 'The circumstances are somewhat peculiar. You, j 'liowever. will have the witnesses before you, 'and will be able to judge for yourselves. There xtees not seem to me to be auy difficulty whatever in any of the cases. If ;oti will kindly riftire to your room the bills wrM be laid before yon. ' The Grand Jnnr than retired, and it was 3 , j).ta. -before they concluded their v.-ork, finding ' ■true bills in all casea. i . ■ FOBSEEY AXD TTTTEBING. I ' 'Alfred N>y!on was indicted on a charge of forging a cheque «t Hough Ridge, Central |Ct*go, for £10 on the Bank of New South I "Wales, purporting to be signed by Arthur liMessent. A second count charged the prisoner '(with uttering the game. ' Mr J. F. M. Fraser appeared for the Crown. ,The prisoner was undefended, and pleaded " Guilty." The Probation Officer's report stated that .the prisoner (who gave his age as 29i was a Ttsmauian, and auived in the co'oiiy in 1838. •He had not been previously convicted, but was Addicted to drink. His Honor expressed the opin'on 'hat the case was one for probation, and &dmittcd the ..prisoner to probation for 12 months on condition that diiring that time he paid 12s a ■week towards the repayment of the 4UO, and Rfterv/ard9 towards the costs of the prosecution. ■His Honor made it a further condition that !h» should abstain from intoxicating drink. His Honor, ia a few well chosen remarks, recommended the prisoner to take the present proceedings as a warning to be careful oi his •future conduct, and added that h« understood 'Mr Torrance would look after him. till he could go io the employment offered him at Otekaike station. A.NOTICER CASE OF FOHGEEY. ' irden Crump, ah-as Arthur BUckett, wa» charged with forging a cheque for £2, at Port Ch«Jmers on Ju\v 12. on the Bonk of New Zealand, purporting to be signed by Tbotiiaa AUcock. A second count charged the prisoner w'th uttering the cheque. JMr J. F. M Fra«er appealed for the Crown, v^-.d the priaoner, who pleaded " Guilty," was ■u-. defended. The drown Prosecutor, in outlining the facts, stated that on the 12tb of Ju'y h*3t the prisoner entered the shop of Donald M'Grejjor, in Port Chalmers, at 9.15 p.m. He bought greds to the value of 13s 7d, and tendered the cheque in payment. Mr M'Gregor asked him who "Thomas Allcock" was, and the priaoner roplied he thought he was a squatter at Waik^uaiti. ivpGregor believed the cheque to bo f good one, and accepted it, giving £1 6s change. Another witnea*, Nicholas Doade, wou'.d (the jury that th» prisoner called at hia shop «a the night of 12th. and anked for a blank V.icque. Thin was given to him. Thero waa (i Mr Allcock living at Waikouaiti who would tell the jury that the signature was not his. He had never seen tbe ?ccused in his life. Evidence was given by Dorald M'Gregor (storekeeper), Nicholas Dodds (chemist*, Thoa. Allcock (lancer), nnd James Fleming (ledger- !-,,.„„» of "iVio 'Raul* of New Zealand at Pal-

Xtttrston). •. The Prisoner stated to the jury that he was • new arrival in the colony, and he had only •been here a fortnight prior to his arrest. He htd never seen Mr Allcock or Lis signature. P*. would admit that the cheque passed through his hands, but he took it from a man he was fioing business with in good faith. The Jury, without leaving the box. brought In a. verdict of. " Guilty " on both counts. Prisoner gave his age S3 26 years, and had pothing to say in reply to the usual question by the sheriff. The Crown Prosecutor said he was now serr ing a sentence of s;x months for forgery ai Cixxi»tchurch, where he had been convictec ©n lour charges. Hiß Honor inflicted a eentenc* of six months Surd labour, the sentence to cornTnen<-e on th< expiry of the term wh:ch the prisoner is no* wrving. HOUSBBEEi-KniG ANT) TRT.7T. Charles Hendrick was indicted on four cou:i! fot breaking and entering the premises oil .Tofai Blftney and stealing 18a in money, a boitie o beor and a glass. " Mr J. F. 11. Fraser appeared for the Crown jtnd the prisoner, who was undefended, p!eade< '* Not guilty." The down Prosecutor stated tnat Ulanc; would give evidence that he closed the fron «loor of his hotel at 11.30. He was roueci \boui 4~ao bx.- a constable, r.'lie told him. tiia

all his doors were wide open, iae door leading from the bar to a sitting room was also found open, the lock having been unscrewed from the sitting room side. On going to the bar he found the small change had been taken away, which consisted of 10s in sixpences and threepences, 3s in larger coins, and a quantity of coppers, which were kept in a tumbler. This particular glass had been used for the same purpose for many years, and the glass now produced in the court was ident>fied as the same. The offence occurred on a Saturday night, when the prisoner was in company with a man named Anderson. This man would stats they went together to the Caledonian Hole!, where they were ref«?ed drink. Anderson went outside, and did not sec accused again. It was suggested by the prosecution that the prisoner secreted himself m the hotel, remaining there till all \vas quiet, and that he then unscrewed the lock from the bar door, and committed the theft. When Constable Connolly went to prisoner's home he found the glass referred to on the mantelpiece, and the nicTiey wa3 afterwards found hidden in a water closet. Evidence was given by John Blaney (hotelkeeper), after which the court adjourned for lunch. On resuming at 2 o'clock Frank Anderson was called to give evidence, the remainmg witnesses called being Constable Juris? and Piain-clothea Constables Connolly and Kennedy. This closed the case for the prosecution. Prisoner said he niched to call evidence, but did not de^ue to give evidence himself. Constance M'Laren. the first witness he called, said she renumbered sending away two glasses of jam to. prisoner on a Tuesday night in May or June. One glass was a large one like that produced by the prosecution. She would not svrear that glass was the same as she sent. The jam was got out of her shop. To the Crown Prosecutor- She was prisoner's sister. The glass belonged to her mother-in-law, and she (witness) lived in her house. Sho (witness) kept the shop. The things in the house were hers now. Mary Hall, waitress at the Crown Hotel, ; •tated that she remembered Mr 3 M'Laren giving her a glass in a parcel to take to prisoner's mother one night. It was a large glass. Mrs Hendnck was not in, and she left the parcel. Prisoner, being invited by his Honor to say what he wished to the jury, stated that all he knew about tu<s case was that the glass containing the jan was sent to the house. That was all he knew about it. Lite Jury, after a very brief retirement, returned a unanimous verdict of '' Guilty," and pusoner, who gave his age as 27 years, drew his Honor's attention to the fact that he had been awaiting trial for 10 weeks. The Crown Prosecutor stated that prisoner was 9 labourer, and had been convicted for u'jing obscene language, assault, being drunk and disorderly, assault (a second rharge^, riding on a car without paying, ai.d theft and receiving stolen property. His Honor sentenced prisoner to two yaais' imprisonment, with hard labour, and directed that the money found m his possession should be handed to Mr Blauey. A BKBIE6 OK HOTEL EOBBEEIES. Joseph Ward and Henry or Harry King were charged on 18 counts with stealing j^we'lery, etc., belonging to Maria Metcalfe, Wk. Black, Mary Hamilton, John Patrick Thomas, Evcril Haggle, Anme Curtice, and William Whittoy, from the Centia! and the Commercial HoteW. and with being in the Shades Hotel at niojiit with intent to steal. The counts a!=o included leceiving the stolen articles, knowing them to be stolen. Prisoners pleaded " Guilty " to all the charges. Mr A. C. Hpulon appeared for Kinjr, who gave his age as 18 years, Ward saying he was 22 yeais old. Mx Hanlon, addressing his Honor, said he would, after looking through the depositions, see that the charges were really based on what had taken place on two ocasions. Some of the offences were committsd one night and the others wete committed another night. The accused King wrs a native of Port Chalmers, and had always borne a good charnoter, nothing being known against him except hiß getting hirns#lf into the present trouble He was o:ily a little over IB years of age, aid was the eon of very respectable people, who had been j in Port Chalmers a great number of years. I There were a large number of offenTs, but counsel submitted that the Fust Offenders' j Probation Act applied in King's case, and he ' thought his Honor would hesitate to eend a lad ' like King to gaol. Although the offences were | committed on different days there had nrver been any indictment laid against King, and no warrant had been issued for his arrost, which would make him a first offender withiu the meaning of the act. None of the goods stolen were found in the possession of accused King, what had been recovered being found in possession of the elder accused. The Crown Prosecutor said nothing was known against King, but. there were two convictions against Ward. On the 30th December, lf-95, he had boen fined Is for breach of the by- ! l,>ws. and oil tho 6th July, this year, he was convicted of the theft of tiiree billiard balls at Port Chalmers, and fined £5, or two months' imprisonment. King htbi really not been ar-r«--3ted. He was searched at the railway station, but nothing of an incriminating kind waa found upon him. Some of the property hnd been recovered, but there was «4iil miFsirg j b s-old watch, a silver chain, two gold brooches, 1 arsd CSs or 30s in money. X.3 Hoaor commented upon the fac* that tac property stolen was found upon Ward, a.nl that nothing Lad -been known against King previously. He had borne a good character, uid his Honor's presumption was that Ward was the moving spirit in the n-atter. At the same time it was a most impudent lobbery, th> rccused going mto three hotels on two different days, ransacking every room that they could get access to. There was good reason for jivms War A * ksavisx sentence &an Kum.

The seutence would be that King would ba | imprisoned for six months, with hatd labour, cud Ward woald be imprisoned for two yearf, with hard labour, the sentences in each itidictimat to be concurrent. HOBBBHY FHOM THE PERSON. Joseph Williams was charged with having stolen from the person of Andrew Cowan Glass, on the 23rd July, the sum of £10. Prisoner, who was not represented by counsel, pleaded " Not guilty." . The Crown Prosecutor, in opening the case, said Glass waa a gardener, and came into town on the 21st of the month in question, and put up at *he Railway Boarding-house. He met accused iv the Law Courts Hotel close by, and he (accused) asked him for a shilling or two to get his swag. Glass lent him 2s, and told him to go and get hi 3 swag. Ho " phouted ' for acensad, and, in doing so, pulled out his money, exposing two J?5-notos and some .silver. Accused went away, and after a time came back and told Glass that he had got hi 3 swag. Glass " shouted " for him again, and afterwards drew sway from him. PriFoner tried to draw Glass into a conversation, but Glass became suspic:ous, and said, " Now you have got your swag what more do you want?" Glas3 went outside to the urmal, and just after he got out he heard the door close behind him, and &aw accused. Accused then put hia hand up and across Glass's chejt, and nut the other into his pocket, talcing out the two j£s-notes. He then made off, Glass following, but losing sight of him going round by the } aol. Glass thee went and informed the police, and, about tbree hours auervards, Detective Livingstone arreated WiPiams, who waa then very much under the influence of drink. He told the detective that he had been robbed, and had lost his watch, ..nd that he had found a pound in one of his cockets. Glass, who suffered from the effects of a paralytic stroke, was perfectly eeber when the robbery took place The keeper of the plare the accused was boarding at would tell the court that he saw money in his possession, and that -on top there was a -£5-Hote. When he wps arrested he had 10s 6d in his possession. Men from the country, concluded Mr Fraser, appaientiy have a fatal weakness for exposing their money when ihey come into town. They pull it out before the public, with the usual result. Evidence wa.3 given for the prosecution by I Andrew Cowan Glass, Thomas Robertson, and Detective Livingstone. Thomas O'Brien, called by the prisoner, also gave evidence, and prisoner then -Kent into the box himself. He said that when he got up en the morning of the 28rJ he was feoing to give up drink. He went to the complainant and asked him to give him mon-jy to get his swag fiom the railway station. Witness produced the check ticket, and complainant gave him 2s pnd " shouted." Complainant accompanied him to the station, and was returning when they met a man who li id bought his (the prisoner's) watch He lf*f fc the swag at the boarding-house, and when he changed his c'.othitifc he found a £l-note and 2s Cd in the pocket of a shirt. In the afternoon he went to the ! Law Couits Hotel, where he met complainant again, and he stayed there till 4 o'clock He vent out with complainant, and saw him as far as the boarding-house. Prisoner then da- j scribed his subsequent movements at great length up to the time when he was arrested. His Honor deferred summing up till next n timing at 10.30 The court rose at 5 45 p.m. Tuesday, August 28. theft fbom the person. Joseph Williams wa3 charged with having ' stolen from the person of Andrew Cowan Giass the sum of £10 on July 23. Mr J. F. M. Fraser appeared for the Crown, and the prisoner conducted his own care. The hearing of this caae was resumed, and the Prisoner addressed the jury. His Honor having reviewed the evidence, the Jury retired at 11.10, and returned at 11.30 with a verdict of " Guilty." In reply to the Sheriff, prisoner gave hia age a,3 47. I The Crown Prc<vecutor stated thut nothing was It.owd agaui&t him beyond a convictioa for chuiikeniieas His Honor imposed a sentenced of 12 months' imprisonment, with hard labour. '• THEFT FROM A. DWELLING I Patrick M'Caliion and James Johnston were I ndicU'd on a ciiH-rge of stealing 9s in money fiom the till of tho Annandale Hotel, kept by Ann io Day Walsh. , Mi J. F. M. Fi-aaer appeared for the Crown, and the prisoners were undefended. The Crown Prosecutor, in opening tho case, ! said that the hotel was kept by Mrs Walsh, ! who was assisted by her daughter. At about 11 15 a.m. on the 28th June the accused entered the bar, and were served with drink by the ' daughter. After serving them she went into I aii adjoining loom, but hearing the rattle of | money she returned. The accused took up their "glasses to finish their drink, and the girl ' went out again. When she returned a second ' time the men were gone. Afterwards, when ! she wont to change a £1 note, she found the 1 till empty. When the accused were arrested J they were identified, and amongst the money found on them was a shilling, peculiarly defaoed. This coin Mrs Walsh could ewear to a* having been in the till. , Evidence waa then given by Annie JL>ay Walsh, Jnlia Walsh, and Constable Hickey. This closed the case for <ho prosecution. The accused M'Cellion elected to give evidence, and f»t«ted that ho changed a £1 note ti nt morning at the Scotia Hotel. The defaced shilling referred to must have been given to him then, as he did not know it was in his )X)sscs&ion till he was searched at the Police Station. His Honor summed up. and the Jury retired at 11.15, and came bock in 25 minutes with a verdict of "Guilty." M'Caliion gave his age as 25. and Johnston hifl M 80.

The Crown Prosecutor read long " records " | which both prisoners had accumulated during the past 10 years, M'Calliou's being the longer of the two.

His Honor remarked that light sentences would bo useless in their cas?, aa.d sent ea-ch to gaol for three years, with hard labour.

THEFT OF CXOTniNG.

Alfred Norton Smith, convicted in the lower court on the 23rd mat. of theft of clothing from the dwelling of Eleanor Jane Suliivan, came before the court for sentence.

In reply to the Sheriff, Prisoner gave his age as 23, and stated that if he was given a chance he would leave the country altogether.

The Crown Prosecutor stated that he was convicted of theft in 1834, and was admitted to probation for three months. Subsequently he served sentences as follows . — In February, 3805, two months for housebreaking ; in September, 1895, four months for theft; in August, 1897, one month for theft. He was at present undergoing co-.current sentence.? of three months for assaulting the police, obscene language, and theft. Gencral'y speaking, his character was reported by the police as being bad.

His Honor inflicted a sentence of 18 months' imprisonment.

THE SOUTH DTTNEDIN ASSAULT CASES.

Robert Phimister, James Sparrow, James Geddes, Alexander M'Donaid, and John Willis ware charged that, on the 26th June, at Caversham, they did rob one William Farquhar of 12p, aihd did beat and use personal violence towards him. They wore charged on two further counts with assaulting Farquhar with mUnt to rob, and with stealing from him 12s i!i money. All the accused pleaded " Not guilty. Mr D. D. Macdonald appeared for Phimister and Willis, Mr Htinlou fox Sparro-.v and Geddes, find Mr Thornton for M'Donald. . The Ciown Prcaecutor, i7i opening the case, said ho would call William Farquhar, who waa a warehouseman employed at Ross and G-len-dming'e, to give evidence. He would tell his Honor that on the 28th June he was returning home to Caversham from Dunedin, and was proceeding along Cargill road, when some man came up and asked, him for a. match. He believed he gave him a match, and proceeded on his way, but had not gone many yards when the man came up and asked him for a cigarette, which he ga\ c him. As he (Farquhar) was turning round he saw five men togethei. He walked away, and turned down Nelson street towards St. Clair, when two of tht men came after him, o.ie of whom lio recognised and called by name. He recognised Wilbs, and said, " I know your game, Willis. You had better not touch me," and Willis went away. Farquhar turned back towards Cargill road, and on getting to the comer of NeU"n street saw the other thiee iron. These three meu were in fio'it of him, and the other tv.o wee following him up. The men bshind staited hitting at him, a'ld one in front said, " Win don't you let the man alone 9 ' 1 As he turned round ho got a '"crack" on thp back o' the head, ni'd went ii.to the doorv.ay of Hancock's store. Here the fivo men began to k"ock him about with their fi»t=, ami firnlly he got a bow on tho back of the head which knocked him down. Some of them held him by the anno and legs, one put his hai'd over his mouth, and another put Ins ha".d in his pocket*. The whole fivp wore on to h.ju. He swore he recognised Phinnster, M'Donr-ld, and "Wilha, ard he said that one of the man assaulting him resembled Sparrow, and was mc'nied to think Geddes was the fifth ir.«n The robbery took place between half-peat 11 and 12 o'clock at night. He (Mr Fraser) wou'd call evidence to show that four of the men were together earlier in tho evening, that the five men were together later on, and that a short time before the assault on Farqahar they were at the corner of the Anderaon's Bay and Cargill roads, which would be on their wpy home. This evidenceTsrould be given by Daniel M'Fie, who was robbed by the five men After the jury had heard tho whole of the evidence he "thought they would come to the conclusion that these five men were engaged in the affajr, and were practically equally liable for it. He hod no doubt th°y appreciated the seriousness of an offence of this kind, and what they had to do waa to give careful attention to ths evidence and weigh it in their minds. Two of the accuaed— Phimist-jr and Willis— had made written statements, but it was only right to tell the jury that in a ca3<? of this kind a man's statement or confession, where several wero concerned, was only evidence really i against himself. The Crown Prosecutor then lead the statements, which were, m effect, that tne two men mentioned were present when the offence was coranutted, but took no part in I it neither did they receive anything out of the robbery. Continuing, the Ciown Prosecutor said that in Geddes's house was found nn instrument, which he (Mr Frasei) suggested played no inconsidprable part in the assault. This was a loaded stick— what waa known as a ' neddy." Mr Fraser then went on to describe tlie arrests of the men, mentioning that Willis s?.id lie was rot going to take all on his shoulders. Sparrow was found sleeping at Geddes's house, and said the " neddy was l-.:s property. Phimister when arreated blanied M'Donald, Willis, and Sparrow in the matter. A further search of Geddes's house resulted in the finding of articles' which would be referred to later on. Detective Cooney dsposed that be went to Willis's house, in Surrey street, South Dnnc.iin. Accused came to tha door after some httle. delay, an-d witaeas and Acting-detective Hill went in&ide with him. Willis, on being told of the charge, made no reply. The house was searched, and a sum of money found. They Lrought accused away with them, and accuged thtn asked if the others had been arrested, and »aid he was not going to take it all on his own shoulders. He added that when the po'ice knocked at the door he knew what ho wa« wanted for. He said the others were with him when the thing occurred, and subsequently made » long statement, which was taken down ftlSw DoUce station. TJie police then went tg

Geddes's house at St. KiMa, and told him h» ■ v«3 charged with the offance. "To this he mada' no reply. In a back room, in Geddes's house i they found Sparrow, and told him he was also charged with the robberies. He made no reply.; In a box sn tne bedroom where Sparrow v/aa sleeping was ifouud the loaded " neddy," and - this* Sparrow said -was his. The police, after " arresting them, went to Phimisler's house at South Bunedin, and told him he was charged" with being concerned in. the matter, and searched the house. He asked if the others had been arrested, and witness replied that M'Donald had not yet been arrested. Phimister Eai-d he was with "ths others that night, and that M'Donald and Wil'.is were the wOTst — that although M'Donald was his brother-in-law he ■was the worst of the whole^lot. He said furth.eE that Willis, M'Donald, Geddes, and Sparrow did it. and made a written statement. He waa airested, and tho detectives then went to> M' Donald's house, and informed him of the charge, to which ho made no reply. On the •way to the station he said these assaults and! robberies on the Flat were what they had read 1 about in the newspapers. At 10 minutes- to 11 on the night of the robbery witness saw all tho accused, with the exception of M'Donald, in town together. After taking the prisoners to the station witness went to Geddes's housa again, and searched the fowlhouse and stable. In the latter were lound two watches and a gold chain. Gedd©3 said he knew nothing about tho watches Sparrow, when they were shown, to him, said he got nothing out of them. Tp Mr M'Donaid: Witness did not caution. Hie prisoner WiHis at all when they were talking together. Th« words in the statement weia Willis's own, with the exception oi the lasfc^ fey -rnrd=i pbou! -t V^o- - •.-ohmta,'}- staterr«iii. . To Mr Ihovnton: 'Ine rea-son trie men were arrested pt night was that it was easier to do ; it ai> that time. . - Acting-detective Hill, who had accompanied!the previous witness when the arrests ana •. searches were made, gave corroborative cvi- ■ deuce.

-William Farquhar stated that he was return- • ing home late on the night of June 23, and waa near M'Connel'.'s store when one of the five young men, who were standing together, asked! him for a match. He gave the macch, andi walked on, and thoy all followed, him. He turned do vn Nelson street, and two of them; followed lurn down. He stopped, and when thoy came up he recojnisfd Willis, and saidi something to the effect that he (Willis) Had better let him alone or he would '"put him away." Witness retraced his steps towards Cargill road, and at the corner of Nelson street; he met the oth«r three : harirg left Willis and. the other rna-i behind him. The three walked on in front of him ani the other two followed behind. On reaching Hancock's verandah ona of the three said. " Why don't you let the man. alone'" this being said in consequence of the men at the back striking at him with; their fists. Ho then got a bow on the head fiom one of the U'ree in front; .he thought viti. th* fi-t. lfc v.as naif stunned, and staggered into the doo'wav, and placed V"s back againat. the door. The five men «tooil round 'he doorway and were stukirg at him. lie recognised M'Dona'.d amoi.g thos? who wpts hitting at him. PhimL-tc-r win also sinking at him. Wi'hs was standing on tie utrht hand side. He was knock"! down by a. blow Oil the bac< of the head, the blow coming fiom something hard, not a fist, 'mc men. ni'bed a 1 h:ui, and some got Sum by the legs, oiu held ms hand over h!s uiovwh, pressing h.3 head down, and one " went through Jus pockets, taking about 12» Grl :■: «ilv*r- Ins uon then went north, and witness got ;»P «£ wont home. Ho had r.o doubt os to the "ten*** •- o? M'Doaald, Phiuueter, and Willis. Gcddea »nd Soarrow corresponded with the appearance oi the other man. Nest morning both witVtria <-yes were bUck and his Up cut and. Uolki,.' The assault took place on. Thursday, and he returned to business on the n™**-' He had a big huup on his head where lie was * l T^r Thornton : Was nnder the impression that he had said in the lower court that it was something hard that .truck him on the head scmcthing harder than a man .fist. He a^waja thought it was Romcthmg harder H.d k^n Fhimiater abont IS months. Villia about nine months and McDonald about «» months. "Mr Thornton And you sa;d m **}°™f»™* that you had known Phimwter and Willis for " °j\n Uoiior "panted out that there was one queation that had not been asked, and, turnme to witness, said, " Where you sober that night ?"-Witnesa: ''Perfectly, wr. His Honor- Had you any drink?— Not * dn uk that night . Daniel M'Fie, storeman, residing m Grosvenor street, Kensington, said he was going along the Anderson s Bay road on the night in question when he met five men. Two of them were Willis and Geddes. - The Ciown Prosecute- was about to question witness as to what occurred, when Mr Macdonald said his friend was attempting to put into the case evidence relevant to another charge altogether. He (Mr Macdonald) submitted that it had always been assumed! that that could not be done, and he thougb.fr that his friend had gone as far as he could. His Honor considered that the evidence wa»stnctly revelant to the issue. It was absolutely r.ecessary that the circumstances under which, witness met the men, and which enabled him to recognise them should be placed before the jury. It might 'be unfortunate for the.' accused that the circumstances disclosed, another offence, but that must go Witness (continuing) said Willis and Geddes would not let him pass, and he was struck with something, he did not think a fist, and knocked* insensible. When hi came to they bad gone, and his watch was gone and the watch cbam hanging.

His Honor- No; there you stop. i At 5.10 p.m. Mr Fra-e.- intima'pd that his caja was practically closed^ but if me court

-was about to adjourn there was no. obligation 08-hixn to declare his case closed till the morning The court then adjourned till 10.30 next morning.