ALLEGED ASSAULT AND ROBBERY.

Star (Christchurch), Issue 11481, 1 September 1915, Page 5

ALLEGED ASSAULT AND ROBBERY.

FARM LABOURER'S CASE. At the Magistrate's Court this morning, before Messrs J. H. Seager, J.P., and- S. Bullock, J.P., Fred. Anderson was charged that, on August 14, he did assault Robert Henry Brawley. and rob him of £5 in money, and two watches valued at £3. Mr M. Donnelly appeared for the accused. Robert Henry Brawley, farm labourer, residing at Lyndburst, sfiid that ho was in Christohnreh on Saturday, August 14. staying at the Cafe dePans I Hotel with a companion named David i Boss. Ho went to a hoop-la shop in High Street at 0.50 p.m. that dny with Ross. The accused and two other men spolco to Ross, and the five of them left, at accused's suggestion, to go and have a drink at TattersaH's Hotel, m Cash el Street, but when they reached it the bar was closed. He then missed Ross, and he and the- three other men went to the Cafe de Paris Hotel, the three men stating that they were also staying at the hotel The four of them were admitted to the.hotel, and they had several drinks, niter which they came out together. He had not seen Ross all this time. One of the accused's mates paid for the drinks at the hotel. Witness went into a shop and bought • some cigarettes, and the four of them walked along the street. 'When they; reached a. right-of-way, witness was jostled by one of the three men and received a heavy knock on the side of his nose, which felled him. While he was on tho ground he heard one of the men say, ' : Go for the lot while we've got him." He felt dazed at the time, but he felt someone feeling his pockets. He had about £5 in money about his person at the time, two watches, it tobacco pouch, two pocket knives, a watch chain and a prayer book. When he got up all these things were missing. He was perfectly sober at the time of the assault. He did not know any of the men before. He subsequently sa.w the accused at the Police ! Station,'and identified him as one of ] his assailants. To Mr Donnelly: It was about a I quarter past ten when he was knocked down. He had had only one drink at the Cafe de Paris Hotel, a.nd previously had had three or four with hie mate Ross. He came to Christchurch on the Wednesday prior to the assault, Ross having arrived some days earlier. tie had seen in the newspapers that another man had also been arrested in connection with the assault, but the police had jnot asked him to identify the man. David Ross, farm labourer, residing at Lyndhurst, gave corroborative evidence to meeting the accused and his mates at the hoop-la shoi> in High Street on the night of August 14, and of going to theTattei-sall's Hotel for drinks. They were too late to obtain drinks, and shortly afterwards he got away from the party. He did not see Brawley until about a quarter to eleven, when he met him in the Cafe de Paris Hotel. Brawley was badly knocked about, and had a. severe bruise on his nose and his eyes were blocked up. On the following Tuesday he saw the accused, .and told Ddtective Gibson about him, with the i-esult that he was arrested. To Mr Donnelly: Both he and Brawley were perfectly sober all the evening. Arthur Rose, licensee of the Cafe de Paris Hotel, said that during race week Brawley and Ross were boarders at the hotel. On Saturday, August 14, shortly after 10 p.m., he remembered seeing Brawley and three other men in the hotel. He believed all the four of them to* be boarders. They went out and about 10.40 Brawley came back in a frightful condition,being very much knocked about. At the police station he saw the accused and picked him out as being one of Brawley's three companions on the night of August 14. to the best of his belief. .In his opinion Brawley wa'* absolutelv sober when ho came back at 10.40. To Mr Donnelly: He would not swear positively that the accused had represented himself as being a boarder. Walter Sommerville, labourer, living at Lower Riccarton, said that he knew* the accused and met him in High Street, opposite Strange's, at about five or ten minutes to eight on Saturday. August 14. Accused suggested going j to the White Hart. Hotel and witness. j paid for a drink. He was in aoj cused's company about ten minutes and then left him, not seeing him again that night. I To Mr Donnelly: He was arrested i for the offence and brought before the j Court, but the charge wa-s dismissed. j Mr Donnelly: They Jet you go." ! Witness: Yes. j Detective Ward said that on Sunday. i August 8. he questioned the accused as to how much money he had, and he produced 17s from his pockets, and said that that was all he had. Mr Donnelly: T don't know why the detective has been brought here if that is all he lias to say. Is that all your evidence .Mr WavdP i Dctc.--i.ive Ward: Yes, that's all. Mr j Donnelly. ! Chief-Detective Herbert: Perhaps h. A ; wa,s anticipating events. ' Detective Gibson said that on Tuesday, August 17, the witness Hoss said i to him thai, he had stopped the acI eused iu Cashed Street and told him I that he was suspected of having robbed j a. man, together with two other men. j He arrested the ami ed and took him jto the police station where he was ! I identified by Brawley and' Rose. Accused had in his possession two £'l notes. When accused's finger prints j were being taken he .aid, " I was al. that bote! with two other men .! don't know." The Accused : No, I didn't say taat. Detective Gibson, continuing, sairl that lie went to accused's hou-o and found the grey suit which accused had bfen nearing on tho night of August 14. This concluded the ea*e for tho prosecution. Mr Donnelly submitted that there ! was not, .sufficient, evidence against the ! man to warrant him being committed for trial on a charge of assaulting and' 1 robbing a. ma.n. There was no property found on the man which, could be identified and no direct evidence to show that hj- was the man who committed the assault, and robbery. The j only evidence u.ts d> the effect that | I the accused had been in the company j | of three, men on i.e.- night in question j I and one of the men was alleged- to j ! have been euiltv of ansauit and rob- < ! bery. j The .Bench <:<\d that, they were ut' ; the opinion that there was a prima- : j'a.r-ie e;.-e against, the accused on the i evidence ;;.nd rhcy committed him to ■ the Supremo Court, for trial. Mail was allowed, st If .I'lOO and ono. of LI 100 r.f two of £~O.