A SERIOUS CHARGE

Wairarapa Age, 18 November 1919, Page 6

A SERIOUS CHARGE

ALLEGED ASSAULT AND ROBBERY. THE CASE DISMISSED Joshua Teasdalo, a well-known Masterton taxi-driver, and Vincent McKenzie, horse-breaker and shearer, were charged at the Magistrate's Court at Masterton yesterday, before Messrs R. Brown and E. G. Eton, J's.P.. with having robbed a man named Francis William Wesley, or Whakataki, of £SO (£45 in single notes and ono £5 note), on tho To Whiti-road on Thursday .November 13th, and that at tho same time they use personal violence to Wesley. Mr R; R. Burridge, who appeared for accused, said that, as this was a case in which his clients must be 6ommltted to Wellington if they wero not discharged, his position as Crown Prosecutor in Masterton would not in any way clash with him appearing for the defence. Mr Burridge asked that one of the accused be allowed to leavo tho prisoner's dock, and sit alongside him. Tho Bench allowed Teasdalo to do so. Francis William Wesley, blacksmith, recently residing at Whakataki, said that in the wallet produced he had forty-fivo £1 notes and one £5 note ,which he kept in his inside pocket. He had been saving the money since February last For a particular purpose. He also had r cheque for £9 7s, which he cashed at the Whakataki Hotel iust before he loft. He spent about £1 at Whakataki, and then came to Masterton, paying Fl yand Young 17s 6d for his fare to Masterton. Ho arrived in Masterton about 12.30 on the 13th. He engaged Teasdale at thn taxi-stand to drivo him to Taratahi, and paid him £l. On arrival at Taratahi he told Toasdale' he did not want'him any longer. The ac cused MeKenaie was at Taratahi, also, several other men. They had a number of drinks, for which witness paid. There were six of Beven men drinking. Witness did all tho paving . He was drrnking-whiskios. He bought a bottle of whisky at tho Taratahi Hotel. Witness took his wallet out, arid pulled out a £5. note to pay the young lady behind the bar .but he then found he had some money in his trousers' pocket. He put the bottlo of whisky in his coat pocket. He did not want to get into Teasdalo's car, but in the finish- ho consented to get in to come to Masterton. Instead of coming fb Masterton they took him to Gladstone. McKenzi© got into tho car at the Taratahi Hotel. Witne?s found himself at Gladstone instead of Masterton. They went ?nto tho Gladstone Hotel and had a drink. Witness saw the proprietor of the hotel. He did '""sot want to com! away from Gladstone, and asked W he could get a bed there. He laid down at about 4 o'clock in tho afternoon. The "fcotelkeeper put him into the car. On the road in witness told 'fhe taxi-driver he would give him 255. but lie wanted £3 for ihe Fare. Witness was hit in the eye, and the rnr stopped. The blow from'ono of the two accused stupefied him. Ho said to the accused, "I think you fellows want to rob me," and it was then one of them hit him. Witness found his wallet on the roatfside. Ho then went across the paddock to a house and made a complaint. He first saw a little girl. As a result of his complaint a constable' went out and saw him. The next day ho saw Teasdalo at the police station, and heard him talking to Constable Penson about robberv. Teasdale said hj? did not do the robbery, but witness said ho did. * Ho meant that IV>as--dale and McKenzie had robbed him. Cross-examined by Mr Buriidgp, Wesley said he had been working ft Whakataki for Mr Brightvvell. He received £3 per week. He Lad icceived ITie cheque for £9 7s from Brightwcll on the 12th. Ho had TJeen four weeks at "'Whnkiiaki. Me had £so' when he went to Whakataki. Witness lived in a camp at Whakataki. and had not paid anything for his board. Tn tho mornina: after he slept at the Whakataki Hotel ho counted his money. Nobody saw the money at that time except himself. .Witness could not swear to any of the money on Teasdalo as being his. On the way in from tho East Coast witness had one drink at Tenui and two at Blairlogie .and a small at the Taueru. After arriving in Masterton by the mail 'car, witness was tnlking; to' a Maori lady for a while about shoeing a horse. He had met her at Whakataki. He had not seen the lady again. He then Went, straight on to the''taxi ftUnl and engaged Teasdale to drive him to the Taratahi Hotel. Toasdile said the fare would bo £l. When witness was getting inlo the car, Teasdale remarked that" witness's mouth was bleeding. This was caused by witness having been kicked by a horse

ome time ago, and the stitches hado iot healed properly. Witness hi.dl tot told Teasdale that lie held a'J aortgago over some land near the < reezing works, nor did he tell * 'in i hat his sister owned the Taratahi ' iotel. McKenzie lirst spoke to 1 witness in the Taratahi Hotel. At 3 his hotel* witness spent about £3. Ie had about ten drinks that day, 3 »ut did not know how many he had 3 ,t the Taratahi. Ho knew he had a fair drop." Witness last Mt bis " aoney in the wallet when lie bought < he bottle of whisky at Taratahi. : Vitness was not too muddled to :now what he was do>ig. At the ; Gladstone Hotel witness got cut of he car against his wish. He In id [own in the hotel,_but was oi-derod >ut. Tho two accused tried to get lim away. They both put their lands on his shoulders to Rot him 1 way. He did not want to go, mid iruggled to get away trop) them. ;h"e two accused lifted him into tho ar and drove off. Witnejs did notememoer getting out of the car, as Tie blow on his eye h'xn tut." Witness was sitting in the )ack seat, and tho two accused in ho front seat. Ho remembered HcKenzie getting over from tho ront seat and hitting Mm in thn sye. Witness was and vhen he "came to" he was talking ;o Mr Pike. He diet not know how ong he was lying on the roadside. When he "came to" his money and vhisky had gone. Tho money was n his pocket when he left the Taratahi Hotel. If anyone i-pid ho had tumped out of the back of the car lie would not deny it, as he may tiavo jumped out to get away from &he accused. Witness's opinion was tha.t accused stopped the car and lifted him out of the car on to the side of the road. It wouU be i.osBible for anyone else to take tho money out of his pocket while ho was lying on. the side of .the road. Witness's right hand coat pocket was torn, either cut with a knife or pulled. This was the pocket in which he last had his wallet; Witness told Pik« that he had been robbed by the taxi-driver ind another man. Witness had been m prison for throwing a portmanteau out of a window, but ne had never had any other convictions against him. Replying to Sergeant Miller, witness said ho had shifted his wallet from his breast pocket to his outside coat pocket, aB ho thought something "crook" was going tc happen, and he could keep his hand on his pocket. William Butler, licensee of th Gladstone Hotel, said the accuse nnd Wesley arrived at his hotel be tween 4 and 5 in the afternoon. Th accused were both sober. Wbsle was under the influence of liqnoi Teasdale called for drinks, and wit?nesß remarked to him that Wesley did not want any drink, as be had had plenty. ' Teasdale said, "Give him a drink of water." Wesley uaßfed ft, and -said it wasn't whisky, and reinsed to tako it. Shortly after the two accused came in witness heard a scuffle. He then told the accused to get away. Teas'dale and McKenzie went out. Short* ly afterwards witness saw Wesley lying on a sofa. Witness said to him he must go ,as he was under tho influence of liquor. Witness put Wesley ou.lj, and closed the door. Witness noticed that Wesley had n bottle of whisky. He did not notice wnetßer Wesley's coat pocket was torn. To Mr Burridge: WSiile Wesley was lying on the • sofa witnesse noticed a little blood, which appeared to come from an abrision near his eye. Wesley appeared to have an idea what he was doing, but he was pretty groggy in the legs. Wesley had not suggested to witness that tho accused wanted to, rob him. Rita Elizabeth Pikei a girl aged thirteen years, daughter of Mr. Leonard Pike, deposed that on Thursday evening last, about five o'clock, she saw a motor-car coming from tho direction of Gladstone. jThe car stopped in front of her father's gate. There were three men in the car — two in front and ono behind. Witness was about one hundred yards away. She would not know any of the men. After the car had stopped for about five minutes, she saw tho man at the back of the car get out and go. thump through the fence otwards the house. There was no other person about the road at the time, When the car got out the man went on towards Masterton, Witnoss went home and told her mother, and her father came home shortly afterwards. She saw one man get out of the front of the car, walk along the side, and bend over the man who was in the back. He then returned to the front, and the man in the back of the car got got out. Witness' father afterwards saw tho man who had left the car. No other person could have seen him until ho reached the house. The man walked straight at the time. By Mr. Burridge: Te man got out of, the back of the car; he was not pushed out. She did not see either

F the men thrashing tfio man in the J ack of the car before he got out. | 'he man climbed out of the back • ver the hood. BqJli of the men were itting in tho front at the time, was a clear view from the ouse to where tho car stopped. Witless was not present when the man >Vesley spoke to her father. The j na ndid not lie on the road for a few u mutes after he got out of the car. Witness did'not see him crawl along he ground. Tho car stopped slowly. )nly the man in the back got out of ;ho car. Witness did not hear those n the car call out to tho man who jot out. Those in the car could not mve seen witness. Witness saw no >ther cars pass at the time. Re-examined by Sergeant Miller: Witness was in the bush when she saw the car. One of tho men got nit from tho front, but he walked ilong tho footboard and did not get >n to the ground. By the Bench: It was the man on the left side of the car who walked I \long the footboard. Leonard Pike, farmer, residing at re Whiti, deposed that ho arrived borne about 5.30 on Thursday evening, Ho saw his children down by fcho bush and called out to them. His daughter told him that there was a man at the back door. He saw tho man, who was lying on hte broad of his back near the fence. The man came to after a time and made a complaint that ho had been knocked out. Witness took him to the homestead and rang up the police. Witness noticed that the man's eye was black and that his pocket was riped. Witness gave him a cup oft ea. Constable Phillips arrived about six o'clock The man took a pocket-book out of his pocket after he saw witness, but there was nothing in it. Witness met a motorcar on tho road when he was returning home. He could not recognise the occupants of the car. There were two in it, both in the front. Witness did not see anybody else on the road. The car was travelling at> a steady pace. Br. Mr. Buridze: Witness could not see fom whic hnocket the man Wesley withdrew his pocket-book. He did not think it was from the torn pocket. . Constable Js. Penson deposed that on the morning "of November 14 he made inquiries ''"into" the matter of th< allegod assault-and robbery. From what he was he saw Teasdale and questioned' him. Teasdale saic that on the previous day Wesley had asked to bo taken to the Taratahi. He paid £l. The man said he did not want witness any more. He told him (Teasdale) tc wait a bit. Teasdale had six \whiskie* "or more at the Taratahi. McKenzie 3 asked' for ' a lift to Masterton; and ? he (Teasdale) agreed to take him. Al •the request,»of Wesley he drove to where "Wesley had a soda. 'On the road home, when they reached To Whiti, Wesley jumped out of the back of the car and got through the fence. Teasdale denied having either assaulted or robbed Wesley, and also denied that McKenzie had done so. Witness asked Wesley what he had to say, in view of the statement made bj Teasdalej and Wesiey insisted thai he had been assaulted and robbed by the two men. He said that one held him down while the other cut his pocket- Witness searched Teasdale in the presence of Wesley, and found £9 in new notes in his possession Wesley stated that his notes were practically old ones. Witness alsc searched Teasdale's room. When witness read the warrant to Teasdale he still denied the charge. By Mr. Burridge: Wesley stated that it' was the driver (Teasdale) whr struck him. Witness found a knife in Teasdale's possession, and askec Wesley if that was the one that hae been used to cut his pocket open but He said he could not recognise it Teasdale answered every question pu to him by witness, without hesita tion. When witness • enquired abou McKenzie he was told he had gon out shearing. Constable Phillips deposed to having gone to Mr. Pike's house at Te Whiti on the evening of Thursday He found Wesley in tho kitchen. Witness stood up and complained thahe had been assaulted and robbed Witness brought him on to Masterton in a car, and took down his complaint in writing. Wesley said he did not know the man who had assaulted and robbed him. Wesley was sober at the tame, but appeared to have had drink. His pocket wa* cut open, and he had a cut over the left eye. A warrant was issued, and Teasdale and McKenzie were afterwards arrested. • .Witness saw McKenzie on Mr. Smith's farm, twenty two miles from Masterton, and told him that be had a warrant for hit arrest on a charge of assaulting Wesley and, robbing him of £SO. McKenzie exclaimed "What?" Witness then road the warant over to him McKenzie then said: "Me rob him? That's tho dizzy limit!" McKenzie then stated that ho met Wesley foi the first time 6n Thursday in the Taratahi Hotel. Wesley was shouting for all hands, and witness hae a drink or two. They afterwards left for Gladstone, at the request of Wes ley. McKenzie Baid. that Wesley had kicked Mm in the body at Gladstone, and he, (McKenzie) had struck hhr in the face. None of the party hae drinks at Gladstone, as tho publican refused to serve them. He said he had seen no whisky in Wesley's possession. Then they got into the car and drove toward Masterton. When |hey reached Te Whiti, Teasdale .pulled up and said: "What about paying up your fare?" Wesley then ;.saad, "You are going to rob me," and jumped out of the car. Teasdale then said, I would not bother with a •- like that j let him go." Wesloy then went through the fence. McKenzie denied that either he or Teasdale laid hands on Wesley. Teasdale stated that ho had had a number of drinks that day. Ho had quite sufficient, tind when he got home ho lay down. When searched, McKenzie had no money on him. Ellen Pike, wife of Leonard Pike, deposed that when she. saw Wesley hi? pocket was torn, and she sewed ii for him, She also saxv the pocketbook. On the day following, Teas dale came to her house and askec 1 if a man had been there tho day be fore,. He stated that the man har jumped out of the car. He askec" witness if she had seen anything and she replied that she had not Teasdalo said he had not robbed th' man. Ho said Wesley had collapser" in tho car. He appeared to ge 'VatfcyV and had jumped out. Teasdale asked witness to be a sport, ane

tell what she had seen. Witness did not. notice anything "ratty" about Wesley when he was at her house. She gave him a cup of tea, and he behaved himself properly. This was the case for the prosecution. Mr Burridge submitted that, on the evidence, there was no case to answer. There was no proof that Wesley hnd the money in his possession. No evidence was given as to when the accused got his money, and how much he got. The roll cf notes could not have been accommodated in the pocket-book produced. They would not be contained securely in the pocket. They might quite easily have been dropped in the iiOtel. Counsel apW! .vli9.t, sensible man would have carried £SO in single notes. The man Wesley had stated nothing about being put out of the hotel. Nor did he state that he had got out of the car himself. Fo alleged that he had been assaulted and thrown out. The girl Pike had seon no assault. She had seen no Btr ; king. She hnd not seen Wesley lying on the of the road, as he alleged. Wesley had been drinking heavily, and it was quite evident that he did not know what that there were so many discrepancies and "contradictions in Weslev's evidence that it must be whollly discredited. Butler had slated that the man's face was bleeding before he left the hotel. Was ft reasonable that Teasdale wou!3 pull up his car in the full view of a house, with ttie intention of committing an outrage? The Bench, aft"- *> short retirement, said* it would like to hear the evidence of the accused.

Joshua Teasdale, on oath, deposed thaf he was a, taxi-driver residing in Masterton. He met Wesley for a first time atibul 1.30 on Thursday afternoon last. He was then on the taxi-stand at the Club Hotel. Wesley came up and asked what he would charee to t&fo him to the laratahi. Hotel. Witness said Jit would "* cost £l. Wesley asked, "Couldn't you do it for any less?" Witness replied, "No, that's my fare.", Wesley went across, the street to a Maori woman and told witness to wait a while. -The Maori woman took no notice of hunt and he came hack, and said he/would go to "the Taratahi. Jusl before he got in the car, another old man came up, wiEE a bottle of whisky in his pocket, and wished to go with them. Wesley got in the-car, and witness mud, "What about the fare?" Wesley nulled three or tour pounds out of his pocket, and gave witness one. The man seemed nil right then, though he seemed to have drink. He 'had blood oozing out of his teeth, and in answer to a question I said the Maori woman had hit him. Wesley sat In the front seat when going to the Taratahi. In conversation with witness he told of the property he owned. Kb said he had n mortgage on certain, propertv, and was going to the Taratahi Hotel to fix il un. He said he would not want witness any more after they got to the Taratahi. When the* I reached the Taratahi, Wesley aßked ] for witness's name. . Witness told j it, and Weslev wrote it? In his- pocket book. Weslev said, "Hold o* J for a while, I might not be long." Wesley then' went into the Witness wAnt in a few minutes lute* and saw Wepley drinking. He tb*"said be would"come back with v?i+ n«as if he would wnffc. Witness wnif fd for nenrly two hours, and tb"" Rfitred "Are you coming home?" Wecley was then in among a crowr 1 f*f ten or a dozen men. They wero all drinking together!"" Finallv. Weslev came out to the oar. Witness hpd not seen, the pocket-book produced until he saw it at the police station. When they were about to leave, McKenzie approached witnesf and asked if he would give him a lift to Masterton, and witness consented. After leaving the hotel, witness saw Wesley speak to a man outside. 'The three of them then crushed into the front seat of the o*r and started out for Masterton. When About a mile put from the Taratahi. Weslev asked the time. *>nd said he had to see a man at Gladstone abont half-past four about some land. McKenzie y objected to going to Gladstone, but Wesley persisted, fi*v he would r>av £3 to go there. Witness stated that his far* was 258. •Thev did not stop unti'. they reached Gladstone Hotel Wesley said. "Tha man's in her* T want to spo." The ear wes " T ». and went 'nto the hotel. Witness and' McKenzie nfter wen* in. Mr Bui(«r w*r behind the bnr. Witness had a drink, but Butler refused to Rerve Wesley, who had been drinking whisky at the T"ratahi. He gave him a soda, which Wesley tasted and threw out of the door. Al they turned to go out, Butler shut down the sl : de. • They found Wesley had not come out. and thev went back for him. Butler had refused to give drink, and asked him to get out. When thev went to get Wesley, he kicked McKenzie in a verv bad part, and McKenzie strnck Vm in the face. Witness and McKenzie then went out and got in the car. Witness was~about to start, when he saw Bilker put Wesley out of the 6*00r.. Wesley walkefl towards the car, and witness opened the back door. Wesley fell over, and witness put him in and sat him on the floor r of the car, They then drove away, witness and McKenzie being in front. Witness heard no more, until they got near Pike's house. When thev reached Pike's, Wesley got UP and said, "I'm going to jump out." Witness" swung round and grabbed the man by the coat. He heard the coat tear. Wesley tore away from him, and by this time witness had the car nearly stopned. Wesley then pimped out of the* back of the car. land this was the last witness saw of him. Weslev mumbled something, but witness did not catch what he said . The man seemed to lose control of h'imself. After waiting t'll The man got to the fence, witness drove away. The man did not He down oh the -.road. McKenzie did not Teave the front seat, and neither of them assaulted the man. 'After the man had left the car, witness drove away quietly. The statement made by witness to the police wns correct. The £9 found in witness's nossession consisted of £7 he had received in wages,, and £2 he had received in fares. Cross-exn mined by Bergt. Miller:! Weßley said he had a mortgage on a j property near the freezing works, fie

also said he had a sister in the Taratahi Hotel, who had married the barman. He said he was well off once, only he had lost his money through drink. Witness had two arinks at the Taratahi. Wesley was • shouting" for a number of people, but witness had no drinks at his expense. The man' was making a good fellow of himself, and seemed to be shouting. Wesley was in the hotel for about a couple of hours. He had told witness to wait for him. Witness saw Wesley get a bottle of whisky, which witness thought he put in hiß pocket. Witness was aware that Wesley had the appearance of being drunk when he reached (Gladstone. Witness had no idea of what came of the bottle of whisky after they reached Gladstone. It" was not true, as stated by the CM Pike, that one of those in the tront of the car had walked along the foot-board. On his return to Masterton, witness did not report to the police that the man had jumped nut of lhej;ar, although he told his employer. Vincent John McKenzie, horsetraTner *, deposed "that he resided -it Maßterton. He was at the Taratahi Hotel when Teasdale and Wesley arrived. He corroborated what Teasaale had said in every particular. Under cross-examination, witness stated that he had not paid to go to Carterton. When Wesley arrived, he shouted for the house, and everybody appeared to be drinking. Witness and Teasdale were in the house at the time. This was repeated on two or three occasions. Witness dfank medium beer, or medium shandy. Witness did not see "Wesley pay for a bottle of whisky, nor did he see him with it. There were about a dozen in the hotel when Wesley arrived. Witness did not wißh to go to Gladstone. It was Wesley who desired to go there. Witness described the remaining incidents in the journey, a 8 described by Teasdale. He denied having got on to the footboard of the car. Teasdale had asked the man for his rare at the Gladstone Hotel, and not on the road. "?

The Bench" stated that, after hearing the evidence, it was not satisfied that there was sufficient upon which to commft the accused for trial. Both men would, therefore, Be discharged .