Supreme Court.—Criminal

Taranaki Herald, Volume XLVII, Issue 11341, 6 October 1898, Page 2

Supreme Court.— Criminal

!* ITTINGS. Wednesday, October 5. — Before His Honor Justice E. T. Conolly. TRUE BILLS. The Grand Jury completed their labours at 430 o'clock. In addition to the cases mentioned yesterday, irue bills were returned as follows :— Paparua, horse stealing; King, alias McNamara, forgery and false pretences; D. Jame* and J. James, assault (the robbery count was thrown out); J. Bullot, breaking and entering; S. Subultz, indecent assault. ALLEGED BOBBERY. Stanley B. Cooper, Eennimore Oooper and Alexander Spence, three young men, were charged that they did, on the 6th August, rob J. Milner of one £5 note and twelve shillings. The prisoners, whs were represented by Mr Weston, pleaded not guilty. The following jury was sworn in :— C. Oliver, W. Hughes, W. Crump, R. Patterson, H. M. Bauohope, E. Lever, W. Humphries J Bentley, B. Knight, G. Brown, J. T. Mannix, and W. R. Elder. Mr Humphries was selected foreman. Five jurors were challenged by the defence. MrKerr opened for the Crown, explaining briefly the circumstances of the use. He called John Milner, the informant, who stated that he was a driver living at Te Roti. On Friday, sth August, he was staying at < >gden s Hotel, Hawera. He then had £7 in his possession ; included in the amount was a£s note. He started a game of billiards with Stanley Cooper in the Commensal Hotel on Saturday afternoon, but did not finish it, aa the two Coopers and Spencer, who were al*o present, kopt on " barracking " him. Stanley Cooper said ho (witness) hadn't a shilling to pay for the game, and witness went out and obtained the £5 note and told the accused he bad as much money as they possessed. Later on in the evening he saw the accused in one of the rooms in the hotel. His Honor impressed upon witnew to be careful in stating names, as, according to the depositions taken in the lower Court, Fennimore Cooper's name had not been mentioned. Continuing, -witness said Fennimore Cooper was present. Stanley Cooper asked him to go for a walk, and they went to the Commercial Hotel. la reply to a question, witness told Stanley Cooper ho still had the "fiver." The two o£ them had a drink together, and then went out for a walk. Passing along High*street ','ooper left him, saying that be wanted to go to the Chinaman's. He re turned, and" they continued their walk, Cooper taking his arm. Shortly after he was tripped up ; several others came on the scene, the cape of bis coat was thrown over his head, and they •' went threugh '' him. The £5 note and 12a were taken. When he got up he could not see anyone ; they had cleared. Not a word was spoken during the proceedings. By Mr Weston : He could not say how many men there were or who they were, except Stanley Cooper. He did state in the lower Court that he couldn't recollect much about Fennimore Cooper, because he did not know much about him then. He hadn't been drinking much that day : probably he " put away " seven or eight chinks altogether. Reuben Ogden, licensee of the Royal Hotel, Hawera, gave evidence as to seeing the accused and informant together in the billiard room on the Saturday af cernoon ; also that Milner appeared in the evening in an agitated condition,. &nd with his clothes in a disordered state. . By the' Foreman : Miner gave him a £5 note to take charge of, and it was returned the following evening. Thomas Glynn, groom, gave evidence as to seeing the accused and informant on the evening in question. A.. Julian and J. Flynn were also called. William Albert Hans°n, carpenter's apprentice and formerly a jockey, deposed that he remembered being in the billiardroom of the Royal Hotel about 6.15 p.m. on Saturday, 9th August. The accused and Milner were also present. Stanley Cooper slid that he (meaning Milner) had got £5. Witness wanted to know how he was aware of the fact, and Oooper replied, " I saw it." bpence also made a similar remark, and said, " Here's a chance; he's drunk." Stanley Cooper remarked, '• He's going for a walk with me " Milner then went for his coat, and left the hotel in company with S. Cooper, who said he was goiug to the Commercial Hotel, and tod the others to follow. They did so, Hennimore Cooper going out of the back door, and Spence and witness out at the front. His Honor here cautioned witness to be careful what hte was saying. " You have come here," he said, "to epeak against the others hoping to save yours If. Take care you don't leave a wrong impression, or you will receive a heavier sentence than the others, if they are convicted." Examination continued: They went to the billiard-room. Coming out witness went to Gibson's hotel. He saw Milner and Stanley Cooper come out of the Commercial Hotel and go up the street. Witness, Fennimore Cooper, and Spence stopped talking Fennimore Cooper said, " We want something to knock him over with," aud witness said, " I'll get something." He went through the fence to try and breaK a stick, bnt as he could not manage it, Spence remarked that it didn't matter. They followed the other two, and on the way picked up a piece of board, which they broke, Fenuimore Cooper takiug one part, and witness the other. Milner and Stanley Cooper went into the Railway Hotel, and the others remained outside. Spenee a^kad witness what he was going to do with the stick, and he replied, " Fen's going to knock him over with it." Spence then took it out of his hand, and threw it away. When Milner and Stanley Cooper came out of the hotel they went up Victoria street towards the Catholic Church. 1 hey went some distance along the road, imd while witness was kneeling on the road to see if anyone was coming, Fennimore Cooper md Spence commenced "sham fighting. Stanley Cooper and Milner also started fighting. Milner was down and Stanley Cooper and Spence were oa top of him. Stanley Cooper told witness to pnt his hand in the raaa s pocket, which he did and found 2s 6d, Is and 64. The £5 note taken from Milner was changed at a Bhop by witness. By Mr Weston : It was Fennimore Cooper who tnrew Milner, but be did state that before. He asked the Constable if. he would get out of the trouble by turning Queen's evidence. The .Con* stable replied "very probably". He give the evidence. .A. EJ. Parkinson, who changed the £5 note at Haasen's request, and J. Adamson also gave evidence. Jane Hanson, mother of W. A. Hansen a previous witness, stated that on Monday last Stanley Oooper spoke to her, saying he believed "Albert bad turned Queen's evidence". She said, "What of that?" Cooper replied, if he does he would bring four witnesses to say that Albert Hansen had taken £21 out of Ngahina's pocket. Witness remarked something to the effect that if it waa true he could "pull him. up," that such people weren't fit to be at large. Sergeant Bernard gave evidence as to the arrest of the accused. In reply to Mr Weston, witness said Hansen made no mention of Fennimore Cooper's name. Constable Whitehoase was the last witness called for the prosecution. At 5.35 o'clock the Court adjourned till 10 o'clock next day. THIS UA.V Thubsdat, October 6. — Before His Honor Justice E. T. Conolly. The Court re«umed at 10 o'olook toilay, when Mr VVuston addressed the jury for the defence in thn Hawera robbery cane. Tho jury returu«iil with h verdict o£ not guiloy agaiost Fennimort) Cooper and Spence, and guilty against Stanley Cooper.

Han«en and Stanley Cooper were then sentenced to two years imprisonment with hard labour. The Hative Maoho, who pleaded guilty on the previous day, was sentenced to 12 months' imprisonment with hard labour. Joseph King alias J. Edwards who pleaded guilty to a charge of obtaining by false pretences, the sum of £5 2s 6d, and a pair Of boots from S. W. Jackson, al*a to forgiog a cheque for £20, was sentenced to four years' with hard labour.