ASSAULT WITH INTENT.

Timaru Herald, Volume CXXXIV, Issue 18850, 13 April 1931, Page 13

ASSAULT WITH INTENT.

FITZGERALD AND COX CHARGED. COMMITTED FOR TRIAL. “ That on the 4th of April at Timaru, they did rob one Galvin Nisbett of £l7 in money and property, and at the time of such robbery, Thomas James Cox and John Henry Fitzgerald did use personal violence to the said Galvin Nisbett.” was the charge preferred against Cox and Fitzgerald in the Police Court on Saturday morning, before Messrs D. McLennan and A. P. Greenfield. J.P.’s. Inspector A. S. Bird appeared for the Police Department, and Mr A. D. McRae for accused. “Caught in the Spokes.” Dr. R. D. King gave evidence to the effect that, on Saturday, April 4th, at about 5.15 p.m., he received a call to Coonoor Road. On arrival he found the injured man, Nisbett, lying slightly to the left side of the middle of the , road, and being attended to by a member of St. John Ambulance Brigade. Nisbett was suffering from severe shock, and a compound fracture of the left thigh. After receiving first aid treatment, he was conveyed to the Public Hospital. There was blood on the man's face. Witness did not notice any bruises. He did not examine the Inspector Bird: “What impression did the appearance of the injuries give you?” “I consider his limb must have been caught in something like a wheel, either between the spokes or between the wheel and the mudguard.” Accuseds’ Movements. Frederick Thomas Jones, a barman employed in the Empire Hotel, Timaru, said he remembered April 4th. He was on duty in the public bar. At about 4 p.m. that day the accused Cox was in the bar. He was in company with a man named Rogers. He had one drink with Rogers, and then left the hotel. Shortly afterwards Fitzgerald came in with Nisbett. They had a drink. While in the bar Nisbett asked witness ior his coat, which had been left in the bar by deceased. When the accused left the bar they were quite sober. Patrick McAteer, taxi driver, employed by Lister’s Motors, said that on April 4th he was plying for hire on the Church Street taxi stand just opposite the Empire Hotel. At about 4.45 that afternoon he was standing near his taxi. He saw a motor, a six-seater Buick painted blue, with a rusted radiator and a brown hood, going down Church Street to Stafford Street. It proceeded north along Stafford Street. His attention was directed to it. Cox was driving it. As the car passed witness, Nisbett waved his hand to him. He was sitting in the back seat right behind the driver. Fitzgerald was sitting in the back seat alongside Nisbett. Those were the only persons in the car. Inspector Bird: “Are you sure Cox was the only man in the front seat?” Witness: “Yes, I am positive Cox was the only occupant of the front seat.” Continuing, witness said he had subsequently identified the motor car at the Police Station. Screams from the Car. Patrick John Joseph Sullivan said he was a single man and resided at the Fire Station, Timaru. At 4.15 p.m. on April 4th he was proceeding along Coonoor Road in the direction of Otipua Road. He was cycling. About 20 yards from Otipua Road he saw a motor car swing out of Otipua Road into Coonoor Road. It came from the south. When he first noticed it, he saw that the rear right hand door was open. The car was coming towards him. He heard screams coming from the rear of the car. They came from inside the car. He saw one man sitting on the edge of the seat near the open door. He had his arms folded across his chest. He was very red in the face, and he was being held by the other person in the car. He could not see who the other man was, but he was wearing a blue suit. He saw Cox in the front of the car. He knew him, but did not know Fitzgerald. The car proceeded on down the hill out of sight. It was travelling at 30 miles an hour. He had since identified the car at the Police Station. Cox was the only person in the front seat of the car. Question Objected To. Lester Joachim Dunn, aged 12 years, gave evidence as to seeing the car driven by Cox along Coonnor Road, and also said he heard screams coming from someone in the back of the car. The right rear door was open. Inspector Bird: "Was it a man or a woman who was screaming?” Mr Mcßae: “I object to that question.” Continuing, witness said that as the car passed him a young man sprang out on to the footboard another man having his arms round his waist holding him in. The man on the footboard had his hands on the side of the car. His face was red, and his eyes were closed, and he appeared to be gasping. He could not see anything of the other man but his arms, and these were round the young man’s waist. From the portion of the arms witness saw that the man in the car wore what appeared to be a black suit. After the car passed witness did not hear any more screaming. He watched the car go along Coonoor Road. It pulled up by the gum trees. It was facing towards Fairview. Half-an-hour later witness was returning home along Coonoor Road, and he then saw the car facing Otipua Road. When he first saw the car there was only one person in the driver’s seat. The car was travelling fairly fast. Mr Mcßae: “Do you remember giv- ! ing evidence a day or two ago at the inquest?”—“Yes.” “You told us then that the car passed you in a few seconds?”—“Yes.” “That is correct?”—“Yes.” Francis Joseph George Waller, aged 11 years, gave similar evidence. In addition he said he saw the leg of a man sticking out of the rear door on the driver’s side. The screaming stopped just as the car passed witness, but after the car had passed he again heard screams. The man’s face was red as if he v/as struggling. Later he saw the car standing on the side of the road facing in the direction of Fairview. The accused Cox and Fitzgerald were standing by it. “Is He Bad?” Henry Lewis Butler, petrol station proprietor, gave evidence as to finding deceased lying in Coonoor Road. He stated that he subsequently saw Cox and Fitzgerald standing by a Buick car, No. 142-490. Cox put out his hand, beckoning witness to stop. He said he was out of petrol and asked witness to get him some. “I asked Cox,” said Butler, “if this was the car that the chap up the road was hurt in, and he said, ‘Yes.’ The other man was with him at the time. Cox said ‘ls he bad?’ and I replied, ‘He is badly smashed up.’ This conversation took place within the hearing of the other man.” Mr Mcßae: “I am entering an objection against the admissibility of this conversation between the witness

Butler and the accused Cox, and I submit that it is not admissible as evidence against the accused Fitzgerald. ’ Continuing, witness stated that he went back to his service station and getting a gallon of petrol took it back to Cox. When he got back to where the car was standing he found both accused in the custody of Constable Devine. Barbara Frances Hilliary, a nurse at the Timaru Hospital, stated that she searched deceased’s clothes and found a wallet, a fountain pen, an art union ticket, £ls/4/3 in money, a driver’s license, and a medal, and an unemployment registration certificate. Edwin Dugan, a brother-in-law Of deceased identified a cap and overcoat produced, and other articles as being the property of Nisbett. Fitzgerald Struggles Violently. Constable Devine said that in consequence of certain information ho received he proceeded to Coonoor Road on April 4th, at about 5.20 p.m. About 300 yards from Otipua Road he saw deceased lying on the road. A doctor was attending to him. As the result of what was told him by some bystanders, witness went on in the direction of Fairview. As he rounded the bend at the bottom of Coonoor Road he saw a motor-car about 200 yards along the road. It was facing east, and it was off the running surface of the road. Cox was sitting in the driver’s seat, and Fitzgerald was standing talking to him. As witness approached, Fitzgerald went off in the opposite direction. Witness borrowed a bicycle from a bystander, and went after him. “When I overtook Fitzgerald,” said witness, “I told him 1 1 wanted him to come with me, and he replied in a loud voice, ‘No policeman will take me; and if I had children and thought they would become policemen I would cut their throats.’ I caught hold of Fitzgerald, but he resisted so I threw him to the ground and held him there till some bystanders came to my assistance, and we lifted him into a car. He resisted violently all the way to the police station. At the station I searched Fitzgerald §nd Cox. In Fitzgerald’s inside coat pocket I found a racing chart with the word ‘U-back,’ and on the top of this chart were the words ‘black and white,’ also six small cards with round holes in them. These cards had small words in letters printed on them. I produce these charts and cards. One of the small cards had ‘U-back’ and ‘banker card’ on it. Nearby where the injured man was lying I found a piece of motor-car curtain. I have since examined the car belonging to Cox, at the police station and I found that a piece of the right rear curtain was missing. The exhibit produced fits into that place correctly. It is of the same material as the curtains on the accused Cox’s car.” Continuing, witness said that when he got Fitzgzerald back to where Cox was, he asked Cox “Do you know this man?” and Cox said, “No.” 'T asked Cox,” said Constable Devine, “Is he in the cart with you?” and he said ‘No.’ ” Inspector Bird: “What kind of clothes was Fitzgerald wearing when you arrested him?” “Fitzgerald is wearing the same suit of clothes he had on when I arrested him.” No Mention Of Accident. Inspector Bird: “Did either of the accused mention anything about the deceased having met with an accident?” —“They made no mention whatever of it.” William C. S. Shaw produced a copy of a car 142-490, registered in the name of Thos. James Cox, Lagoon Street, Timaru. It was registered 17th January, 1930. Detective Studholme, in evidence, stated: “On sth of this month I searched the locality where the injured man Nisbett was lying, and in a paddock close by the cap and coat produced were found. The distance where they were found was approximately 200 yards in the direction of Fairview, away from where the deceased had been lying.” Dr Elfie McCaskill stated that deceased was admitted to the Timaru Hospital shortly after 6 p.m. on April 4th. He was suffering from a compound fracture of the left thigh and severe loss of blood. His condition was very grave, and he was not fit for an operation when he came in. Two hours later the limb was amputated. He was given a blood transfusion. On Sunday, April sth, in the evening, a sitting of the Court was held in a byward. Since that Court was held Nisbett had died from the result of the injuries he had received. He died at 4.20 a.m. on April 6th. Accused Committed. Inspector Bird said that the charge was one of assault and robbery. Since it had been laid the wallet and money had been found in the clothes of the deceased; but under the Justice of the Peace Act, 1927. if. in the opinion of Justices the evidence was sufficient to send accused for trial, then the Justices were warranted in committing such accused for trial. He asked the Court to commit the accused for trial on a charge of assaulting with intent to rob Galvin Nisbett. Mr Mcßae: “The charge, of course, is robbery, with violence. The Inspector’s application amounts to an application for leave to amend the charge. The matter is entirely in the hands of the Court.” Inspector Bird: “It is not an application by the police to have the information amended. It is a matter for the Court to say on what charge they will have the accused committed.” Mr McLennan (to accused): “This Court proposes to commit you for trial on a charge of assault with intent to rob.” In answer to the usual question put to accused appearing on an indictable offence, Mr Mcßae intimated that accused entered a plea of not guilty and reserved their defence.