THE HIGH STREET ROBBERY

Otago Witness, Issue 2623, 22 June 1904, Page 49

THE HIGH STREET ROBBERY

THE ACCUSED COMMITTED FOE

TRIAL.

The charges in connection with the alleged assault and robbery in High street on the afternoon of Monday, June 6, were investigated at the City Police Court on the 14th, before Mr C. C. GTahain, S.M., when William Conn, William Grainger, William Booth, and John Holland (the three first-named were youths) ■were charged with having, on June 6, assaulted and robbed one Andrew Crawford of a watch and chain and 35s in money, the property of Andrew Crawford, being ail indictable offence. Mr Baron appeared for Holland, Mr Hay for Conn, and Mr Emslie for Grainger and Booth.

Sub-inspector Green said as far as Conn was concerned the police did not propose to offer any evidence, «.nd would ask that the accused should be discharged.

Mr Hay: This is rather a remarkable proceeding. When a remand was granted I asked if the sub-inspector would give an assurance that there wa3 any evidence against Coun, ami ■he would not give any assurance. The man might have been in gaol all this time. He was taken out of bed at 12.30 midnight, and airested and brought to the Police Station, and now Jie is brought here and no evidence offered. It is a matter involving the liberty of the subject. The police blundered in the arrest, and now there is another blunder.

Sub-inspector Green said when the matter tras investigated there was found to be no evidence against Conn. Mr Hay : Is theTO any stain on his character ? Sub-inspector Green : I fancy there are a good many stains. Tha Magistrate: If he was in the company of bad characters, that would be a stain.

Mr Hay: He was not with anyone on the day mentioned. He was in another part ai the town altogether, and we can prove a complete alibi.

The accused Conn was then discharged

Sub-inspector Green said the facts were that • serious assault was committed in High street on the afternoon of June 6. The man assaulted lost 35s in money, and received some considerable injtiry. The evidence would show that the accused were somewhat the worse of drink and had been drinking during the day. They followed the man \ip the street, and there deliberately assaulted him and took him into a doorway. The watch was recovered shortly after the assault near the place where the assault was committed. Andrew Crawford stated that he was a labourer, residing in Hyde street, North. Dunedin. He was in town on the date of the information. He did not know Booth, but knew Grainger by sight and had known Holland for some time. About 3 o'clock that afternoon witness was going up High street alone. He saw Holland cross Manse street, lmt took no notice. When witness was passing under the Princess Theatre verandah he received a blow on the back of the head, which caused him to fall to ths ground. As he fell Holland sprang on top of him and put his !hand into witness's waistcoat pocket. Witness said, " It's ail right : I know you," and Holland then struck him on the mouth. Witness was rendered quite insensible by the second blow. iWhen he came to his senses he saw his watch and chain on the footpath. When he recovered consciousness he was in the doorway of the •D.I.C. factory, above the Princess Theatre. As he was getting up he was again struck from behind and again rendsred insensible. When consciousness returned ne first saw Ernest Dryden, a friend of his, who helped him up and went the street with him. The watch produced belonged to witness; it was gold, and valued at £16. Before the assault •witness had £1 15s in his trousers pocket. ■Witness was perfectly sober ; he had three drinks that day, but they were all taken before lunch. He was not in the company of any of the accused that day. After the assault witness's face was covered with blood, and there ■was an abrasion on the back of the head. He tad not been able to go to work for a week afterwards.

To Mr Baron: Witness had bean visiting a friend in Maclaggan street early in the afternoon, and afterwards visited Brew's and Skene's labour agencies. He was accompanied by John Smith, John Cable, and Richard Harry. Witmess was not in Wain's Hotel on the af*ernoo/i in question, and it was not a fact that lie was refused a drink in Wain's. He noticed some youths standing in Manse street, but took no notice of them. He had not been fighting that afternoon with anyone in Manse street, and Lad not spoken to Holland in Manse street. His companions had remained with the others in Manse street, and witness went on to High street. It was not a fact that witness picked a quarrel with any of the youths. When •witness said to Holland, "It's ail right: I know you," Holland gave expression to an oath and struck witness again. Aftsr witness recovered consciousness and recovered his watch lie went down to Wain's Hotel to see if Holland was there, but did r.ot see him, and came out again. It was not true that he asked for a drink and was told by the barman to " clear out." After leaving Wain's witness met Conetable Juriss and told him of the robbsry. ■Witness was not refused drink in the Caledonian Hotel that day.

To Mr Emslie : Witness would swear he did not challenge anyone in Manse street to fight. So far as witness knew, neither Booth nor Grainger struck him or attempted to strike ifairn. He had not seen either of them that clay. There was no arrangement betwaan himself and others in Manse street to go up to the sa!eyarda and settle a dispute by a fight. To the Court: The watch guaid was not fastened to the vest; it wa3 a black ribbon eini'ply passed through a buttonhole.

To Mr Emslie : Witness had the watch and guard when he gave infoimation to the constable.

Thomas Smith, meat salesman, South Dunedin, gave evidence to the effect that just before 3 o'clock on the date mentioned he was going up High street. His attention was attiacted ■by his hearing filthy and disgusting language on the other side of the street near the Princess Theatre. He thought there were either four or five youths there. He recognised Grainger at the time a3 being one of these present, and he recognised the three in court as Slaving been there. Witness saw Holland standing in a very menacing attitude towards ,'Crawford. He also saw Holland give Crawford " a violent punch " on the jaw, and that ,was followed up by another blow. A blow whs also struck by Booth. The blows seemed to ,twist Crawford round, and Crawford seemed x-o be pulling himself up again when he was again struck by Holland, that blow knocking Slim (Crawford) down against the door of the 59 .1.0. factory. Crawford was then in a most helpless condition, and while he was lying (here Holland a-gain struck him on the face. Another blow was directed by Holland, who, uowever, missed the mark, and struck the : : oor. Holland then seemed to get more vindictive, and again struck Crawford, who was -> 111 lying in the helpless position described ■~aw f ord then endeavoured to raise himself "• and managed to get partially up. While " • vawford) was getting up Holland again . him and knocked him down into the ..tuition, then "punching" him several • v )-i the face. Booth also gave Crawford « r four blows, and while this was going jlollaiid ifit and walked hurriedly across

High street towards Clarke street. Bcoth immediately followed, and Holland waited for him. Some remarks passed between the two, £>nd both returned to the prostrate man (Cra-v-ford), and Holland again struck him. They appeared to be on top of Crawford, and to force him behind the open half of the D.I.C. factory door. Witness moved up the street seme yards, but could not see what occurred behind the door. Grainger r.tood on the footpath all the time. When Crawfoid was behind the door another individual went in. There then seemed to be a 3Cuffle, and a man engaged in the factory seemed to be putting the crowd outside. Holland and Booth left and went towaids Clarke street, and •were shortly afterwards joined by Grainer, the three disappearing down Clarke street. Witness followed them, and saw Booth and Holland go to the Shamrock Hotel, while Grainger went through the Arcade. Witness came up through the Arcade, and saw Crawford talking to Constable Juriss. During the assault Ciawford never attempted to strike any of his assailants. When ho (Crawford) was attempting to pull himself up he seemed to be in a dazed and silly condition.

To Mr Emslie • When witness saw the youths they were all together, going up High street in a cluster None of the crowd seemed to be drunk. Grainger took no part beyond that of an onlooker. Witness would swear Booth was not struck during the assault. Witness did not see any rifling of pockets. Mr Emslie: You took good care to stand on the other side of the street. Why did you not go to the rescue? — Witness:' I was not going to run my head against a stone wall." How long did this take ? — About 10 minutes.

And you stood there for 10 miuutes while this unfortunate man Crawford was being knocked about. Surely you knew your presence would have stopped it? — They are the wrong sort of men to be stopped by my presence.

You followed Booth and Holland? — I desired to see justice done if anyone deserved punishment.

Why didn't you go over' — Why should I, I might have received a blow myself.

But you might have pievented the robbery? — I did not know what it was. I had not seen the start of it.

In further evidence the witness said Holland, Booth, and Grainger seemed to be sober.

To Mr Baron: When Crawford was struck he was standing with the others. He (Crawford) was facing Jhe others, and was struck in the face. That was the first blow witness saw struck. It was possible Crawford might have gone up the street alone, -»nd been joined by the others.

To Sub-inspector Green: The fifth man was an individual resembling 'Ernest Dryden.

Ernest Dryden, labourer, stated that when he went up High atrset he s*w Crawford lying on his back m the D.I.C. factory doorway m a dazed and bleeding condition. The three accused were present. Witness went to assist Crawford, and Booth struck at him (Dryden), but missed. Holland then struck witness Witness assisted Crawford down High street. Crawford said he was going to look for Holland .to see *if ho (Crawford) could get his money. Witness had not previously been in Crawford's company that day.

To Mr Baron : When witness arrived on the scene two of the accused were standing on the footpath, and Holland was coming from the docrway. Witness said, " What have you bee.i doing?" and he then went to wipe the blood from Cr.vwfcrd's face Booth then struck at witness, and as witness bent over Crawford he was struck by Holland. Witness did not se3 the wat^h anywhere about, and he did not j-ee Crawford pick it up. Crawford was in a dazed, semi-conscious condition

To Mr Emslie : Witness did not know Crawfcrd was up High street. Ha (witness) had been going up High street on ousiness. Witness did not attempt to strike Booth.

Alexander Watt, employed in the D.I.C. factory in High street, said he heard a disturbance at the door, and he saw a number of men fighting. Two of them were getting bidly knocked about, especially Crawford ; the other cne "was Dryden Crawford's face was bleeding. Witness saw blows struck, but could not say by whom. He thought they were all drunk and had quarrelled. Witness managed to get Crawford and Dryden inside, and then closed the door.

Constable Juriss testified to having received information from Crawford. In consequence he (witness) arrested Booth in South Dunedin the same evening at his (Booth's) home. Booth said, "Oh! this is about the affair this afternoon." Witness repUed, " Yes.' Booth then said, " I'll give the whole show away." Witness arrested Grainger at his ( Grainger' s) home in South Dunedin. Grainger said nothing in answer to the charge. To Mr Emslie : When Crawford spoke to witness fiist lie (Constable Juriss) had not understood that Crawford had recovered his watch.

To Mr Baron : Witness was told about Holland by Dryden, who also named Grainger, Booth, and Conn Crawford seemed to be dazed and silly from the effects of the assault. Acting Detective Connolly said he arrested Holland on Wednesday, June 8. Holland said, when charged, " I don't know anything about it." Subsequently Holland asked where Crawford was, and said ''He had a right to come and see me first. I know nothing of the robbery."

This closed the case for the prosecution.

Mr Emslie said there was evidence of an assault, but no evidence as to the robbery of a watch. Grainger should be discharged a3 lixere wits no evidence at all against laiin. !N o jury would convict him for simply being present. The Magistrate said it seemed to him that the whole tiling was a premeditated assault, and that Grainger was mixed up in it. Mr Emslie said he thought the v.-hole thing was a drunken fight. Defence being reserved, the three accussd were committed for trial Bail was allowed, each accused in his own security of £100. and each to obtain two additional sureties of £50 each.