RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume IV, Issue 1080, 22 October 1883, Page 2

RESIDENT MAGISTRATE’S COURT.

ASHB 0 ETON. -To-day. (Before H. C. S. Baddeley Esq.'R.M.) Drunk in a Licensed House. —Two young men were charged with the above offence, and also with committing a breach of the peace, but the Sergeant said he did not wish to press the latter charge, as the accused had been suffering from too much ‘‘Scotch concert,” His Worship said that he would inflict the lowest poasible fine, which was 20a, with the alternative of 48 hours’ imprisonment. Belnkennbss. —A first offender was discharged with a caution, as he had been in custody since Saturday, and Robert Scott was fined 10s, with the alternative of 48 hours’ imprisonment. Illegitimacy. uobert Scott who had been arrested on a warrant from Mr I. N. Watt, R. M., charged with failing to support his illegitimate children, was remanded to Dunedin. Robbery with Violence. —John Talbot, Henry Groth, and A. Beard were brought up, on remand, charged with having stolen a watch and chain, together with a purse containing LI 14a 6d, from the person of Archibald Smart at Methven —Mr Caygill appeared for Talbot and Groth, and Mr Branson for Beard. — Archibald Smart gave similar evidence as at the previous hearing, which was to the

effect that when witness was at- the back of Row.-ie’a Hotel, he was seized from behind and the pisoner i albot tore away his (witness’s) chain and took the watch and the purse. Witness then was thrown into the water-race but could not identify any of the prisoners as having been the persons who did this. The men ran away in the direction of the slaughter yards. Witness went to Patton’s Hotel to change his clothes and was seen there by the cook and the constable. Talbot saw witness getting change for a cheque during the day. Had had a few glasses of beer on the day in question, but no spirituous liquor. Was quite sure he knew, what he was about. Oould not swear t > the prisoners Beard and Groth.— Crosr-examined by Mr Caygill: Witness had received a cheque for L2 lls 6d, but could not say how he spent the 17s during the day. Went to the Canterbury Hotel between 12 and 1 and stopped till 10, as he had an appointment with a party there. Could not tell to a half-a-dozen how many drinks he had. Spent all the money on drink, and shouted once or twice. Identified Talbot because he was in front of him when he took the watch.—To the Bench: The cook he saw at Patton’s Hotel after the robbery was not the prisoner Groth. —Edward Bailey, manager of the Methven Hotel for Mr Patton, remembered the sth inst, when the last witness came to the hotel at five minutes to ten. Talbot seemed to be in his company and there were several people in the bar. There was an altercation between Talbot and Smart as to payment for the drinks. Witness asked them to leave the bar, which was then closed. Smart took his watch out to compare the time with the hotel clock. Talbot and Smart went away together towards the Canterbury Hotel, and five minutes after Groth and Beard went out of the hotel. Groth was cook at Patton’s, and came up a day or two before the robbery, and Beard was billiard-marker at the Canterbury. Some little time after leaving, Smart returned, appearing to have been mauled about, and he was very wet. He said his watch had been taken from him, and he showed the chain produced. Smart was under the influence of drink, but should have known what he was about. Talbot had been drinking but was more sober than Smart. Groth was very drunk indeed, and witness did not see him again till the following Monday.—To Mr Oaytrill: Took Smart, in and did the “ good Samaritan ” for him. Witness asked Smart if he recognised any of the men, and he said he did not.—John Fitzgerald, barman, remembered Smart changing a cheque at the Canterbury Hotel on the sth for L2 lls 6d. Saw Talbot about the hotel, but could not say if Smart “shouted” for him, but he was asking everybody to drink, and would perhaps spend LI. Smart and Talbot came to the door of the hotel a few Minutes after ten, but witness would not let them in. Five or ten minutes afterwards saw Talbot in the hotel and asked him how he got in, but received no answer. Talbot asked for a bed, but witness refused and put him out. Saw Groth behind the bar with Mr Rowse just after he put Talbot out. Groth’s clothes were wet, and he accounted for this by saying he fell into the water-race. —The witness was not crossexamined. —William Tilling, contractor at Methven, was at the Canterbury Hotel on the sth, when he saw the billiard-marker (Beard) at ten o’clock in the billiardroom. Beard wont out soon after, and. in about ten minutes he tapped at the window and asked witness to open it. Witness refused to do so, and Beard directly pushed the window open himself and got in, Groth and Talbot following. Groth was very drunk, but witness oould not say if he was wet. Heard a groaning outside about a minute before the men came in. The billiard-room window faces to the water race.— William Antoney, laborer at Methven, remembered playing billiards with the last witness in the Canterbury Hotel. The marker was there, but went out soon after, being away about twenty minutes or half an hour. Witness then gave corroboratory evidence as to the three prisoners coming through the window. Constable Black, stationed at Methven, said he saw Smart at the door of the Methven Hotel on the night of the sth at about twenty-five minutes past ten. His clothes were wet through, and ho said he had been thrown into the waterrace. Showed witness chain produced, and he took possession of it. Smart said ho had been robbed of his watch and purse, but he was in such an excited condition that he could not say who had robbed him, although witness tasked him. On the following morning, from description given, arrested the prisoner Talbot, whom Smart identified as the man who robbed him. Talbot denied his guilt and said he had not been in Smart’s company the previous evening. Searched the prisoner, but failed to find the watch lost. On the 15th arrested accused Groth, who, on being charged with the offence, said he was drunk at the time, and could net have robbed Smart, and that he knew nothing at all about it. —Cross-examined by Mr Caygill: Found 3s on Talbot when arrested. Smart’s description was that the man who robbed him was small, and had a dark moustache, and, ha believed, was wearing a black coat. Witness went round with Smart and pointed out Talbot to him. Smart then recognised the prisoner, who was working at the time, and had his coat off. Did not point out any other man.—Constable Neill deposed that he arrested the prisoner Board at Leeston on the 16th in pursuance of warrant produced. In answer to the charge he said ; “ Harry and I were there to see him go in the water. I palled him out and walked into the room." He also said that at a quarter to ten Groth and he went to Patton’s Hotel, had a drink and came back home. Witness had thoroughly searched the water-race but had found no watch.—Counsel having addressed the Bench, his Worship said that he considered he would tend the case for trial.—The prisoners were accordingly committed for trial at the next sessions of the Supreme Court at Christchurch. Talbot was not allowed bail, but in the case of Groth and Beard it was fixed at two sureties each for LIOO and the prisoners in L2OO. House-breaking. —John Kelly alias Edward Murphy, alias Kelly the Rake, was charged with having entered the house of Samuel Lucas, Tancred street, on the 15th inst., with intent to commit a felony. The following evidence was called James Mager, contractor, of Waterton, said that on the night of the 14th ho stopped at the Panama Boardinghouse, Tancred street, and occupied the room downstairs known as No. 1. On the following morning left a parcel containing a quantity of wearing apparel in the room, and also the carpet bag produced, holding goods. The bag was quite sound and locked. Witness left the room at eight o’clock and shut the door. After having breakfast witness went back, and on entering the room> the door of which was ajar, he saw the prisoner. The parcel was ripped up, and the prisoner had witness’s shirt on and in his hand he had a handkerchief which had been in the pocket of a coat hanging behind the door. A knife similar to the one produced was lying on the ground, and a slit was cut in the bag and some goods abstracted. Prisoner tried to get away but waspreventod. Merer saw the prisoner before in his life. By the prisoner: Witness was not aware that the prisoner had been in- : vited into the room on the previous i night.—Samuel Lucas, proprietor of the i Panama Boarding-house, said that in consequence of a summons from Mr Mager 1 he went to No. 1 room on the morning 1 of the v 15th. There he found the pris-, i oner, who had Mr Mager’a shirt oh, ( and several things were lying near the i carpet bag. The prisoner had the knife <

produced ia hia hand. Told accused to take off the shirt, and he obeyed. He then tried to get away, but witness pulled him back. Prisoner was not stopping in the house, nor had he any business in the house. —Arthur Dee was breakfasting at Mr Lucas’s on the morning of the 15th. Went in at the side door, and saw a man a “little bit sprung” approaching the house. Recognised the prisoner as the man referred • to.—-Constable Hicks deposed to having arrested the prisoner at Lucas's. Found the knife produced upon prisoner.—ln answer to" the Bench the accused said he had nothing to say, and he was then committed to take his trial at the next sitting of the Supreme Court at Christchurch.