SUPREME COURT.

Poverty Bay Herald, Volume XXXVII, Issue 12698, 16 March 1910, Page 2

SUPREME COURT.

(Before His Honor Mr Justice Cooper.-) ALLEGED ASSAULT AND ROBBERY The hearing of the charge of assault and robbery, comprised m four countspreferred against Charles Hoggard, alias Clifford, alias Mote, was continued yesterday afternoon after our issue went to press. John Mullins, laborer, employed on the railway, deposed that on October 4 he came to town with' '£7B 4s. He .met a friend, and had a drink at tho Albion hotel. He . went to the Bank of New Zealund, and told the clerk he wanted to bank £70. The clerk counted the money, and told .witness to sign tho form. Witness said he could not write, and the clerk intimated that if he could not write he could not take the money unless it was for twelve months. The clerk handed him back u> £50 and a, £20 note.- Witness showed the notes outside to a friend, William Dick, and at Dick's suggestion he put them m his purse and m his pocket. They had dinner together at the Turanganui hotel, and a couple of hours later he passed m his Dunedin bank book at .the local post office, and - requested that it be transferred to. Gisborne. He asked the clerk) .. to ' take £70, but the latter said ho could not do so until the book arrived. When going to the hotel again, about 3 o'clock, he met accused, who accompanied them. Witness "shouted" drinks and purchased two bottles of whisky. Dick also purchased a bottle, and accused a bottle of beer. They all went to the train, and got out at Willow Crossing. He invited Dick to have tea with him at the boarding-house. Dick, said they would not have time, as they liad to get over the two railway bridges before dark. Witness askted "Curly" (accused) how about his tea? Accused replied he. had no money. Witness thereupon gave him ls. Accused asked for a. "nip" out of the bottle, which he gave him. Witness also had a "wee drop." Accused left to have his tea, iuid he and Dick left for the camp, four miles away. Approaching the second railway bridge, about a mile from the station, accused overtook them, and asked for a further nip. Witness said they would have one as soon as they I got over the bridge. They crossed the bridge, and sat down and had a nip. About six. chains further along they sat down, and had another drop out of the bottle. A good while afterwards accused began pushing witness . against the fence. He remonstrated, -and accused started pushing more roughly. Witness pushed him off, and accused struck -him on the left shoulder. The two of them rose up, and "got at it." Accused hit him (witness) m the mptith, and knocked him down. Witness got up, and they got at it again. He (witness) put accused down, and the latter said he had finished, but getting up, lie struck wit-' ness at the back of the ear, and partly dazed him. Accused then pulled the purse out of his (,witna6s's) pocket. It contained a £50 note, a £20 ; note, two sovereigns, and eight lialf-sovereigns. There was. also £1 m- the other trouser pocket, which accused took, together, with 7s 6d or -.,85, .from the waistcoat pocket. Witness' called ■ out to Dick,, who replied, 'T can't stir." Witness did not see anything wrong with him, but ho did not stir. Accused then got away, and witness sat down with Dick and slept the night there. His Honor : Why did you not go after him.?— lt was a very dark night, and the roads wsre, bad., .. „... i Proceeding, witness said he saw«accused riding past about 6. next morning. Witness ,said, "Good morning, ,Curly." Accused took no notice, and rode on. Prior to .the scuffle no one had laid hands On him. Accused next morning was riding, from the direction of Gold Creek towards the railway station. . Accused proceeded to cross-examine witness at length respecting various details m his depositions. Dicky witness said, was the only ono he told that he had the large amount of money m his possession. — Accused produced. a plan of what he said was . the place where he .passed accused next morning.; — Witness said he could not understand plans. He admitted that although tfye .assault .took place on Monday night he diet hot report the affair, until Wednesday.— Wit-* noss's depositions m the lower Court were read. — Continuing under -^crossexamination, witness said that some of the money belonged to his brother. He could not say that hd was drunk, that night. The bottles were empty alongside him next morning, but he did not drink them empty. Charles Dayey, gaoler, deposed that accused was discharged from the gaol at 10.30 a.m. oit October 4- Ho thep. had no money.— -Accused had been fined for trespass, * and two friend s came to bail him out, but he declined to let them. A young man changed £1 for, the pur-' pose, ho said, of giving accused, a few shillings when he went 'out. Frank B. Wylds, teller of the /Bank of New Zealand, gave evidence that Mullins came to open. an aeouut, but as ho could not--"*write witness told him to go over to the post office. ■ -WRness . Ye-, turned Mullins his money ' m £50 and' £20 notes. 77 William; Dick, a laborer employed on the ' railway also gave corroborative evidence. He only had one nip of whisky,; but remembered nothing more until next morning. He took no r more. than a tablespoonful, because .he ' did not like it. He fell down, and was. unconsciousall night, and remeriibered nothing until Mu]lins shook, him no^t* morning. His Honor, who thought this extraordinary, asked what whisky- it .was.'-; Witness did notlcijow. -.. . , • ' Acqused proceeded to ' oross-examine: witness, who.s aid-he remained on the. road ,all Tuesday, and had nothing to eat all day. He went' straight to his bed, 1 and was glad to get there. He* was not m a condition to inform the 1 police on Tuesday. ! Robert Fitiell, a -former employee at Hill's boarding house, Waikohu (Willow: 'Grossing) gave evidence that 'ac'uued hired a horse from the boarding house on Monday, October 4.- He first* saw' accused about 9.30 that- evening on the verandah. He wanted a horse to go to Gold Creek.; He paid for, the horse, and for one he owed for previously, 19s' 6d, with a half sovereign and silver.7 He saw accused about 7 o'clbckViipxt morning on .liis-.return;-'h , om',iGoid.--.GreeJs.7."Me-did; not see accused abjput the rpremses 'earlier than 9.30." .' i '; .71' /,, Ellen O'Connell, wife of < Francis OOonhell, Puha, -deposed that . accused came to her (place on Tuesday niorriing> October s,.about .9 6'6lock, v wheu -he paid £3 10s lib - ovited for- a horse, - etci' Accused paid her with two notes, 7 a sovereign- and a half sovereign. Constable Doyle, of Te JKaraka^ gave evidence that ho saw accused m company with Mullins and Dick on the arrival of the train from town on the 'evening of Monday, October 4v ' He* heard . ac-. cused telling another passenger that he was not .leaving Waikohu until after the moon rose; Witness had a conversation' .with accused, and. ' tpl<|, him that. if. he found him on Waihuka^ station property ho would again prosecute him for trespass. Accusec[ denied; that he was going up, .adding that it Vould be\ for him (Constable Doyle) to catch him there. At that time there w^ere between 200 and 300 hien between Gold Greek and Otoko. Thero had been a number of boarding houses and 'hop beer shops, and he gave the owners notice to quit, and afterwawjs prosecuted accused .for wilful trespass. — By : Mullins on Wednesday reported having been robbed by accused. Detective Rawle stated, that he arrested accused on October 6. There was no property m his possession. Accused • called Henry Pool as a. witness, but he failed to appear. Thomas W. Habgood, carrier, stated that on the evening of October; 4 he left Willow Crossing with! accused about 10 o'clock; for- Gold Creek, and' passed n man lying .near tfyerpad. vA. little further on another' man called 'out as they passed. .Ho did, not know who it was, as it was dnrk> They were 'about a. quarter of a mile from the. railway bridge. Accused called lildward. Dooley, but he failed to appear, j- . At this atage=4.3o. pvm. his Honor said he would adjourn ' the* case" until 10 . a.m..

to enable the attendance of the witnesses mentioned to be secured is possible. ALLEGED ARSON. William Patrick O'Sullivan was formall}' indicted upon the second charge ol urfeon m respect of the volunteer drill hall. Accused, for whom Mr L. T. Burnard appea-red, pleaded not guilt}'. The . following ury was empinelled :-- C W. Taylor, B. T. Higgins, J. Ballnntyne, A. Sawyer, J. Wotton, W. Hart. J. Sistersun, J. S. Dods, J. Grant, G.i Henzler, R. H. Dunfoy, and J. Colic} (foreman). The Crown Prosecutor announced In did not intend to otter any evidence. j His Honor: I think youi have taken the proper course. There is no cor roboration m this case at all. The Crown Prosecutor : No, I recog niso that., His Honor (to the jury) : I direct ypi to return a verdict, of "not guilty. The jury returned accordingly, anc accused was discharged, ' The Court rose at 4.40 p.m.