SUPREME COURT.

Dominion, Volume 2, Issue 505, 12 May 1909, Page 4

SUPREME COURT.

HOTEL ASSAULT CASE THREE MEN FOUND GUILTY. When tho Criminal Sittings' wcro resumed yesterday, the hearing of the charge against ,William Thomas, John Trainor, and Georgo AVilhftms, of having, on February 8, robbed Janus Carter of 6s, and, at tho samo time, having used violence towards him,ivas continued Mr Bolton appeared on behalf or Tramor, but Williams and Thomas uero not represented by counsel > lAccording to iho evidence given on behalf or tho Uroivn on tho previous da-y, Carter, who had 30a in his po session, i> out round sovoral hotels on tho atternoon in question. Whilst he was in an outbuilding at tho Oicketcis' Arms Hotel, Willwms struck him, and then tho threo endeavoured to ransack his pockets They told Caiter that if he called out, they noukl "do" foi him Bomo money, which fell fiom his pockets, they secured Prisoners were followed by a barman, ivho had witnessed the occuirenco, / anl they were arrested shortly afterwards Constable Hodgson doposed that when tho pnsoners wore ancstod, Thomas had 2s, Trainor 6d , and Williams ml Charged uith the ollenco, Thomas said "No,t guilty," and Willnms and Trainoi said that they knew liotbing about the aftair. Ihomas made the following remarks to him "It will do mo good 1 ha\o been drinking for somo timo, I am halt in tho horrors I don't remember what took place to-nitJit" From all appearances 'ihomas was at tho timo periectly sobor Evidence as follows was then called by Williams. / > baniuel Ballance stated that he was one of thoso among whom the prisoners were placed to bo'lde'itthod Carter did not "pick" Williams, but ho "picked" him lo Mr Bolton Witness did not think that Carter jdentilied either Trainor or 'ihomas John Want deposed that Williams went for a drive with him to Oriental Bay on the afternoon in question Ho did not see either of the olhor accused at all To Mr Mvers Ho had known Williams for four years. is your name Want oi Willnms?—"My name is John Want in New Zealand " Nurse Hills and Frank Brown, wcro also called ' i'rom tho dock, 'Ihomas said that, on tho afternoon in question, ho met Trainor, who asked him to have a drink When they, went into tho hotel, they wero muted by Carter to join him When they went to the outhouso, Cartel was sitting hatless on the top step Neither of them spoke to him Later on they went down tho street, where they met Williams, after which they repaned to tho hotel, where 'the police arlestod them Williams, speaking fiom the dockj said that when they woro ariested tho constables told them that they did not know what they had done. When they camo to be identified, Carter "picked" Tramor, passed 'lhomas and himself, and then "picked" Biliance, and another man, named Hazel. He was of tho charge Tho jury, which lotired at 12 35, returned at 2 45 with < a verdict of guilty of assault with intent to rob I I A witness called by Williams stated that I iho had known him for nino months. Williams was, so far as she knew, of good ;haracter. Sho fust met him at a mission Ball Sentenco was doforraS until this morning NIGHT DEEDS AT NGAHAURANGA

iwi-'S;;■;/,-Alfred''Blirliiclo,!; i'Pearce/ ; ; a S2i i 5 i '')hortjv;tWck-set iuM;'!!ffas'.then!;indicied for 'Ail&rikhaii .hq/did. onMarch:23,breakand.:enter by: v±:: : i : !y^ .nigh©fche;:raiilway ■ station;iatyNgahaurangaj !s£■'. #3Vand s'fefeone'maointoshr-coatyi one'fevipuna V|vvj' "y, ■■ >overcSat,jand.one-pairof gloyesi , the-itiroperty: 3^r£^f;Eicliar(l;K.eanieji:-;'A ; guilty; ■'.'-f. V'vWas! entered: by : prisoner. •;: who -was defended tfso: J : by Mr^Webb. , ; ;v,: :;'■■:'; S:;! V. S;-s ; >i;': hauranga, stated. : that on!_fcHo night of March 22;;h'e» looked :i^ ; ;tlie;:stetidn';!*'Next;'ino'rijing Jt'tfei?;a!clerk .drew.hisvattcntiotf.'to':thq fact.'ffiat a :^;' ? ; .;;'-'■ windo ■f.i. y'x j;H;* TJpoh.;' making', a;• search-he ]. 'found ■''; that; the iSA i?if-gc^3«inv;^ ':'.■;. ■ tra6e.r'of,;blood pi■ tie due, ■probably'; ;fo,! the';, fact cthat: :ii:;:;^,'•■,::the iTi.truife!r;!:.Had, the • in • tho i; • in"! order. to; unshib !: ; r!;\- 'W^catbhir;^ ,, '£;} Sft-W^ , ; 'V ; -rIV '■'••■" v;;?(?!^v-:'!Herbert ; :Ame , si;«lerk Sfcs'S;: Sfcatipn,-. deposed- that he.'opened the-premises! Sfl; !^V\on tho. date',iii...questipn;';.-;:He!foiind the top i.;!^v'Basli!of on! the! : !broken; .Tlierejwas ££<■£ >:i '.Ja,;'f dotprmtvohvibe;;wiidow!' eill.V ~ ; W; . : ;vS;^;.UTho7n&sGWph^ m >:'J C( ? nsee ;' o f« 'the>" , ;!■;■. J* 'V Yi. • ■'. haurangai Hotel,! gave'feyidehco . that on the' lilk^v-fiiig^qfeMarch; on his !/.v.!{ !t'-'j'promises closing /time. : j:He.had:had,a i)iM jftdrinki'b^'twb,! but ri^. , ? ;Ky , '.i / S&jk; : anyiliquor;to;Me away; with! hini..!. ; ■''.'■■. .■•'•/.C-' , : tW ■.Gity'.jHptel;'-'ft?%-'.'^-;-stated■■ that ?he-;saw;prisoner:inVthe : bar at .7. .;;;;!;:^-^'b'clpckion l : m;g\iesiion.'. TJp'pn '■' prisoner, : : witness! , , : -pilr--;'!;i;y!: S phased , the/coat,' for gave Pl'p •? : ;!;;Before;-;that ;.prisbripiv;'ahd:; jv!; friend.;.had.; .■ a K i':.':■< !;!' :drink,:/ ;handed f ;over-"the; coat' to;'tho Jv.v'vX;'; ; pbl'* 6 ' , ! , ■."■■■''•''.■'••'''■■'■':',■'i , : , :v<!! /: ;'!';' : ''j;j ; >.- ; !v.;?.-' ; .r. : •, ;■ Detective^! Aidrews:'deposod.that he found ivv'i'■.;!;';> ; the' / pair; , .''of -gloves, in question 'oil prisoner H-ii'ii''i:-{ when lib. i arrested-him';:>i , risbner : sdid-tbat ; he! '';^!;:C/;nl?d'inot.;been!!iofNgahaurangai;that']ib! did jfi'£j'lf not know! the"coatj and ; that if;anyone '. said :,':yr :■■>;;! that he. sold !him : tlie i coat -it "was untrue.' KiyJ- , l;,■■'■'.There.'.was-a-'scrivtch upon one..of: prisoner's !;iV "J.-'.v,;.\liands:V ; , ":/■:■; ■;■ ■: ',vZ:i'f.l : : Pris'pner :Mated'|romi!the.'ddck that "after ; ?';1:;;v!.h«e ; lett -tlie !Nga : Kariranga'Hotel he'wandered' S^; \[ffii to tho Esplanade;; , where;!after.drinking'. spina Vi ; :...%V'; : whißky ; °ut^ :Wr'. with,him,!;ho'.went'-'to'•ekep'.-'.-'-'Wfc'eji he'.awoko SiScif; ;;ho v ;pu.rchased .the'eoat. and. gloves 'from .J iv cji %:£)s stranger,' for !:ss'V;:.;'; ;'i ;.:;.; y!., .•'■■•.;■■.;.■.•. '...''; : w'O' , -;-; * : ; The.juryj-whichßetired, at-3.lo,vreturned [^Kc^'flai-S.SO yitii'a verdict/of guilty.! .!; ■'.".■ ■ '../■. Sentence will be'passed this mornins..: ■•■■\.

TWO MONTHS FOR THEFT. _ ( FOLLY FAVOURED DETECTION. Michael Hcrlihy, a middle-aged man, wae charged with having, on February 27, at Wellington, stolon from the person of John William Rickman two metal watches, ono rolled gold chain, and ono silver medal. Mr, Cracroft Wilson, instructed by llr. Cook, appeared on behalf of the prisoner, who .pleaded "not guilty." Prosecutor, who is a labourer, residing at ;.\Vade6town, ..stated -that,: on- the. .date .in question,- he _wae drinking in the,city, and . becamo intoxicated. <■' If he. worb in tho com:pany <>f prisoner that night ho did not know. 'anything, about -it/.' As; far. as ho.'knewj ho ', got home ..unassisted. .: When he. went-to go; ■to bed, ho missed'his-watches.- ""■: •'■■' ... v v Mr.v Wilson.:.. When ;did?you get paralytic drunk?—!'Tho'.'- -first: time? Thirty-sbven years ago. , .- (Laughtor.)'f.: : , : ,■';.■■:- : .^No,on..tho ,: night in question?—"l; don't :-know." J ?Vf { ' : .'^. ; '\ '■:''-i'i.:J:i:, / . : 'U , - ' : -c<-".-■ 5.."'. ■- .. ;Jphn .Scott,',clerk, , ,deposed that,-, at about .9 o'clock'y hanging-; over- a ■fehce.in moleswbrth Street. Subsequently wit-. : ; ness'.sav-'Bickmeniand-'prisohor on tho \VaJcs-. town road. 'Prisoner asked Rickman. to ■Wα on; with him, but Rickman said- that ho would have'to have a drink first. Then prisonor went over;to Rickman: and 'took hia watchee .'and chain;---.putting-.thorn in ;his pocket.' A' ...few. .minutes:.of prisoner left' Rickman arid; returned : to the city.:. Witness and ; his companions followed him. On; the following Saturday : witness,..pointedout ! prisoner to. ■■tho ; police.' ■■■■ ''-'"■,' ' ] '-''\':'-' : ) ■■ ■.••■.■,','■'.'■ -■..■ : '...' : '.'-' -.■■''. Oharlea Edward Butcher,-clerk, and Rich- ,. ard: Battersby, railway cadet, who were in Scott's: of a similar -'uature.'.■;':: r-'.y^/.:'- , --'.-'' v\*;.'.'.' ''" ".._. "-..'.! v : : ■:■' '■'■' '.Doteotivo Cameron , stated, in ovidenco.that , npbn' being arrested prisoner said that he knew nothing about' the affair, and that o :■ mistake must have been mado.,; Prisoner w?,s admitted/ to bail -on, the. Bth, ;and, on tho ; following: day; .tho watches werb found in n ,brown paper parcel in-tie police yard. "■ For. tho. defence, Mr. '.Wilson stated. that prisonor "assisted Rickman'•home- that night. Prisonor was , absolutely sobor at the .'.time. Was it likelt: that he would comxui^uLnlk^uv.

offence in tie presence of three young men? He submitted that it\was a ridiculous theory. Irr the course of summing up, his Honour sajd*.thiit:thore'w'ould be no "dqtcction in tho case 'of ftaany, crimes'iof. tlw kind-;if it woro :iiot,.that'.;;th6::persdris;,who committed them did hot commit foolish acts. .".■■'■■'. .•:••.' _ The ; jury, which retired. at, 4.45, returned at with a-verdict of guilty, with a-strong "recommendatibinuto mercy. :. '■ ■••■''■'■ ,-■ Mr.-'Wilson asked,:that probation, be allowed; 'Prisoner was; ho said; a hard-working •man.' He had already spent two months in -gaol. '. :- r . - ' - ' The Crown Prosecutor mentioned that in June, 1907,' prisoner was fined for;theft. ''His Honour said he.would/give every consideration tothe recommendation of tho jury. It" was evident, that Kickman had exposed prisoner and others to considerable temptation. ..: Ho could not overlook that kind of offence; there was a'good deal of it going on. Prisoner would be sentenced to two months' imprisonment with hard labour. . •'"