SUPREME COURT.

Dominion, Volume 3, Issue 668, 19 November 1909, Page 11

SUPREME COURT.

\y r t ' ! "MISSING LINK" JEWELLERY CASE. \ ' ONE MAN CONVICTED. 1 u 10 , quarterly, ■ criminal , sessions were con- ■ tinued -yesterday. boforo 11 r. .Justice . Chapi, Wfin. >• , p.*. jffwo yonng men, Alfred George Driscoll and ( InOmaa O'-NoiU, were charged with having [; b ™ lt6 ? ®nd entered, by night,' th'o shop of EdIrci? r V'W:'/Jpseph .Ellis, 1 ,: and • stolen 3D watches, 23 £"• W'.oh-ohains, two pendants, and one cigarvalued;at iEI9 13s, 6d. ■ 'Myers •• conducted the prosecution, Mr. L-f.:.;,- Wlltprd ■,, appeared .for Driscoll, and Mr,. CraL crott/Wilson for O'Neill. -Aiibuwin .Josoph'Ellis-stated that one of the his shop, known as "Tho Missing 5--,'- . Emk,;,: had been- brokon with a etono on tho las* oi.cSeptember 30,-and tho • jewellery ex- * trattjCd. 4;,- : Constable Mahoney >: deposed that while on, i*.v. Courtenay ''Place ho 1 saw Driscoll V . ra'dmght: on tho night of tho ft :.,,Mbbte. Driscoll vcame- from ■ the direction Qfi'thaii Terminus Hotel, and tho .constablo, . Btatullhgiinvtho doorway of tho iEgmont Hotel, v v , TOW; Him approach'.tho " Missing Link" shop. ■ Tjl.ete'.'n'as a noise of breaking glass, and ho ■ . ttifitu observed Driscoll 'taking goods out, of ...thl)wwindow and putting;thorn in his. pockets, i " - O'NSitl ]qmcd Driscoll,' and ho {witness) rushed acwsSj'ftnd arrested both. O'Neill said: "f/hat i.-. are ( t you., taking me for?,\That man (moaning i Bri&cpll): got mo"to ' WjiJu the police for ■ .y hihii',.. Driscoll then remark: "What iSjStho matter with Mahoney?' What does, he . r x'; r A'.number' : of.;'wotohes '.and• • chaihs were found > m Driscoll's pookot; and - , ;when"charged, Driscoll. said that O'Neill had ■: ;brtk|irt„tho window. O'Neill denied this, statiifei. that Driscoll liad asked him- (O'Neill) to kMp,:'a~watch on the police, that .iie.ihad'-ie- | : .. fiyted to do: so, and further that, he had told . Driscoll that .he was foolish to .take tho ar- ' tides. ;.'n -'.jvOflolrge'.Francis-Webster,, coiiee-stall keopcj, ■!(: Btateu-.that.DriscolUcamß to him at a quarter to.ttelve on'thonight in (piestion, and, hav- . v:ji ing,no .money to pay for supper, left a chain aSJ^oeurity.^v:;''-.V v..■•'"•V"'- !'■:» ''wAftefe a retirement ,of four: and , a . half'hours, ; ' xneijiwy.. returned at 5.10 p.m., and announced thij{'-they had beon unable .to agree as to ';'i p,Noillv ; They had ■ decided,' howover, that ~ , DHgeoll, was > guilty of ~{1), Stealing tho goods, i■. ~',aWjb.(2) receiving stolen . goods. .The Judge ordered a notv trial m O'Neill's :• Cass.Sontonco on Driscoll was deferred. .;■.• i 'A* ii\ t v A SUPPER PARTY. > ,• -V v,Thr<'o -youths, Garnet ■ Sowry, Frederick Gdochjvand Bert Andrews, woro. charged with :;.v> thAf, ton September. 18, they assaulted' James i Cole, v and-caused him actual: bodily haTm. 1 i Mr. R B. Williams appeared for the accused, i :,: Mr; - Myers said that a question < might arise *"®4■'■to..• tho. identihcation:-of."Qne:.of'.the lads, I ■ Alldrews.:..: A, .mistakehad ■appnrontly-. been ■ fahdo 'in the lower Court by Mr/Cole, who i .. , ; took,"Andrews for his As to tho case I - • gtoorally it was ..proposed to; 6how . that, ■ late i ■ AOjjjtlia-.- night of Soptembor 18, three young moii,;cSowry and flooch, and a lad named l ' -Andrews, visited Mr.v Cole's j.fish -shop, and ■:■.,■ ; boh(lved: boisterously,. 'and . wore, ordered out of i : the.. ( silop. 'Mr-,.; .Colo .came from' behind, the ■v.." counter, and took "Andrews by the arm.- An-1 ' mwtedhim.' outside, . but .Cole replied that.; he hnd no dosiro to -bes 'Tiad up . for ; :,v attemjitrng .to .lull - vermin."-. Colo was then i . alWgfid to have reeoived .a-blow; and ho con-1 sfljuentlv closed with,' Andrews; . Then Gooeh I Mstru6k,.him. behind the-ear,, and the three ' s menv.assauited' him, v the'.' injunea being, erablo. - i - *J6mes Cole stated that ho kept a fish and i , ... \QYstM..;",saloon iili'- Itiddiford' Street, and ignve > pyidenco on tho lines indicated above. He lumtihpd.two of tho-accuscd m-the dock. '. <; 'Dr.'.Gifrny stated in evidence that .when he ••tftrtined\Cole he found a fractured cheekbone, and,minor injuries. , > , -liJ.fcfoM .the case for the - prosecution, had' -clfcaed.i Andrews was released."from i ■:;.i ■ •; wHOCh and Sowry gavo, evidence ito: tho > effect neither :of :thera shad I .laid, hands 'on Cole: > ■ Andrews>and.Cole ! fought otf -the pavement, and thov stood by \ . :, .;vrjrhs. jury deliberated for. about, two hours,.re- • ; wiling iat . 7.55 p.m. with the verdict of inot y<-. : 'gdiJtyf-.The .two -accused were thereupon "discharged.