FOUND ON ROAD.

Timaru Herald, Volume CXXXIV, Issue 18844, 6 April 1931, Page 8

FOUND ON ROAD.

Mysterious Happenings At Fairview. TWO MEN ARRESTED. When Constable W. Devine proceeded to Coonoor Road, rah view, shortly after 5 o’clock on Saturday evening, in response to a message received at the police station, he found Galvin Nesbitt, of Timaru, aged 26. lying on the road in a seriously injured condition. Near Nesbitt was a fiveseater motor-car, which was occupied by Thomas Cox, of Timaru, while another man. John Henry Fitzgerald, also of Timaru, was, it is alleged, making off down the road when the constable appeared. Nesbit had severe injuries to a leg, and Dr. R. D. King was summoned, and ordered his removal to Timaru Hospital, where later the limb, which was badly broken, was amputated. The affair, which is the subject of close investigation by the police, is at present shrouded in mystery, owing to the serious condition of Nesbitt. It is alleged, however, that when the constable overtook Fitzgerald for the purpose of detaining him, he had extreme difficulty before the man was overpowered and handcuffed. Cox submitted, and the two were taken to the police station, together with * the vehicle. Cox is to be charged with allegedly being intoxicated while in charge of a motor-car, while charges to be heard against Fitzgerald comprise alleged drunkenness and resisting the police. Nesbitt, it is believed, was a passenger to Fairview in the car with the other two men, and the allegation is that he was attempting to leave the vehicle when he met with his injuries. The police are investigating Nesbitt’s presence in the car, and the reason for his attempt to leave it.

COX AND FITZGERALD CHARGED. NESBITT'S EVIDENCE TAKEN. COURT SITS AT HOSPITAL. Owing to the seriousness of Nesbitt’s condition, it was deemed advisable to hold a special sitting of the Polio? Court at the Timaru Hospital last night, the presiding Justices of the Peace being Messrs D. McLennan and A. P. Greenfield. Prior to taking the evidence of Nesbitt, the following charge was preferred against Thomas James Cox and John Henry Fitzgerald: “That on Apr'l 4th, 1931, at Timaru, they did rob one Robert Galvin Nesbitt, of £l7 in money, the property of the said Robert Galvin Nesbitt, and at the time of the robbery did use personal violence to Robert Galvin Nesbitt.” Mr A. D. Mcßae appeared for the accused, and Senior-Sergeant Mathieson prosecuted. Dr. J. C. McKenzie, Medical Superintendent of the Timaru Hospital, said that he saw Nesbitt shortly after his admission into the institution at 6.30 p.m. on Saturday. He was then in a low condition, and was suffering from shock. He had a severe haemorrhage a fracture of the left thigh and other minor injuries. As a result Nesbitt was now dangerously ill, and it was probable that he might not recover. Nesbitt, in his opinion, was in full possession of all his faculties, and was able intelligibly, and with a due sense of responsibility, to give sworn testimony as to the facts within his knowledge, or matters of opinion in respect of which he was competent to express an opinion. Injured Man’s Evidence. The Court then adjourned to a special room where Nesbitt gave evidence on oath in a clear manner. Under examination by Senior-Sergeant Mathieson, he said that he was a lorry driver residing at Rugby Street, Timaru. He said he was able to give evidence, and identified the two accused whom he said dealt with him on Saturday at Coonoor Road. Witness said he knew Thomas Cox and the other man had given his name as Fitzgerald. He said he met Cox at about 2.30 at the Empire Hotel on Saturday afternoon, and they had had about half a dozen drinks together. Witness had about £l7 which he had placed in a wallet, and about £1 of that sum was in his trousers’ pocket. Before witness left the Empire Hotel, Fitzgerald told him that he had just purchased a car and got Cox to drive it for him as he (Fitzgerald) said he was not too good at it. That would be about 4.30 p.m. The three of them entered the motor car, which was then standing outside the Wentworth Auction Mart. Witness sat on the right side of the car in the back seat, Fitzgerald sitting next to him. Witness sat on the same side as the driver. Cox and Fitzgerald said that they were going to take witness home. Cox drove up the main street, travelling north to the Hydro Corner, where they turned and came to Grey Road and North Street. They turned down and reached Craigie Avenue, and eventually came to Hassall Street, the vehicle being stopped outside a little store. Witness did not know whose store it was. Fitzgerald and witness were sitting in the back seat and the former then produced a pack of cards. Cards Produced. “What sort of cards were they”?— “They were a special advertisement for Black and White whisky. The cards had holes in them.” “What did you say”?—“l asked Cox why he wasn’t going to take me home as he had said he was.” “What did Cox say?”—“Cox said: ‘ Why didn’t you tell me you were going home; I thought you were round here for a game.’ ” Continuing, witness said the car had then stopped, and Cox left the vehicle for the purpose of starting it again. The driver, said witness, then took a route along to Otipua Road, and during the journey Fitzgerald was running his hands over witness’s coat. “I could see that he was trying to get my wallet,” said witness, “and I folded my arms across my coat. Fitzgerald then seemed to get wild, and he hit me twice.” “Where?”—“On the chin.” Mr McLennan: “What did he hit you with?”—“His fist.” Senior-Sergeant Mathieson: “What took place then?”—“l thought it was about time I got out of the car.” Slipped Off Car. “Was the car then in motion?”— “Yes. I got ready to jump just as the car was turning round the corner of Coonoor Road. I couldn’t jump off then as Fitzgerald was hanging on to me. As we were about half-way down the hill, I must have slipped off, the back wheel going over my leg.” “Did Fitzgerald put his hands into your pockets?”—“He didn’t get a chance to. He was trying to.” “What was Cox doing during your struggle with Fitzgerald?”—“Cox "was driving the car.” “Did Cox take any notice oX the

struggle between Fitzgerald and you?” —“No. I don’t think so. He had his eyes on the road, as he was driving. “Could Cox have heard what was going on?”—“Oh, yes. “Did Cox do anything to try and stop the trouble between you and Fitzgerald?”—“No. He did nothing to stop the row.” “What happened after you fell out of the car on to the road?” —“A boy came down the road on a bicycle. The car did not stop.” “Did you see the accused again?”“I have not seen them until to-night.” “Did you miss your wallet after falling on to the road?” —“I didn’t have much chance to look for it.” “Are you sure you had the wallet on you when you jumped off the car?” “No. I am not sure.” “Had the accused the opportunity of seeing your money at the Empire Hotel?”—“Yes.” “Did they have an opportunity of seeing how much money you had?”— “I don’t think so.” Cross - Examination. Mr A. D. Mcßae: “Did you have a drink with Cox?”—“No.” “With whom were you drinking?"— “I was drinking with Fitzgerald.” “Was Fitzgerald the only man with whom you were drinking yesterday?”— “No.” “Had you been working at all on Saturday?”—“No. I milked the cows i at home in the morning.” “What time did you arrive in town (on Saturday?”—“About half-past eleven.” “What time did you have your first drink?”—“l think it was after lunch. It was after lunch.” “Where did you have lunch?”—“At Lurajud’s fish shop.” “What chance had Fitzgerald of knowing wffiat money you had?”—“He could have seen me take it out of the wallet in the bar. I had the wallet out. It’s quite possible that he could have seen it when I took the wallet out of my pocket in the bar.” “Was Cox present at that time?" “No. I did not see him.” “How was the car started?” —“Cox started it up with the handle. iThe next time at the store Cox got out of the car, pushed it down the hill and started it that way.” At this stage the Court adjourned till 10 o’clock this morning, when it is understood that another remand will be asked for. At an early hour this morning, Nesbitt’s condition was reported to bo critical,