SUPREME COURT.

Dominion, Volume 6, Issue 1667, 6 February 1913, Page 3

SUPREME COURT.

(Before His Hon. Air. Justice Chapman.) LORNE STREET CASE ON TRIAL. THREE MEN CHARGED. A" crowd filled the Supreme Court yesterday morning when tho criminal sessions were continued, the interest apparently 'centreing in tho trial-of three men for assault'and robbery. His Honour Mr. Justice Chapman was on the Bench. Mr. I'. S. K. Macassey, of the Crown Law Office, represented the Crown. - i - Three' heavily-built men appeared in the dock) in answer to the call to "place Condon, Donovan, and Adams at the Bar." A'police constable and two prison-warders stood in the dock with them, Adams being placed apart from tho other two. John Condon, Thomas Donovan, and William Henry Adams were then charged with stealing three watches nnd two gold chains and 7s. in money from John Gray ,on December 26 last. The value lof tho watches and chains was set down as .£2O, and the charge added that; the robbery had been committed with violenco towards Gray. Mr. C. V. Goulter appeared for Condon and Donovan. 'Mr. V. R. Meredith appeared for Adams. ' . Before the prisoners were called upon to plead, Mr. Goulter asked for severance for his clients on. tho ground that a statement made by Adams, though not evidence against.Condon and Donovan; might prejudice them. His Honour refused the application. Both Mr. Goulter and Mr. Meredith then asked his .Honour to note objections to the committal of tho three accused on the ground that Section 14S of the Justices of the Peaco Act hadfnot been complied w}th, in that tho depositions had not been read over to the accused. His Honour replied that he*" would take a note. • Pleas of not guilty were then entered. Tho Crown Prosecutor outlined the case to the jury, and proceeded to call evidence. < ./ John Gray's Story. •. • . John Gray, labourer, residing at Constable Street,. detailed his experiences on Boxing Day. He: met two of the accused —Adams and Donovanr-on the; jetty at Day's Bay. Subsequently ho made tho acquaintance of the other accusedCondon—and also, of Adams's , wife; In the' evening ho visited a house: in Lome Street.; He was given drink, and, after taking it, felt that he was "gone." Donovan .then began to fumble with witness's watch-chain.' Seeing what 'sort of company ho was in, lie asked leave to .go outside. Donovan then pressed him to have more drink, and, eventually threw him back, on the' couch. Witness: endeavoured to scream, but was held down, and a cupfo'f some liquid was forced down his throat. Tho accused (witness could hot say which .of .them) then searched him. Witness 'felt his three watches being taken from:his pockets; with other articles, and he-than received a'blow in the stomach. After that ho did not remember anything until ho woko up in an empty house in the same street. To Mr. Meredith: It was Donovan who gave him tho drink which made his ''head go round." Donovan was on to 'him all the,.time—from'start to finish. .Ellen Elizabeth Adams, wifo of tho accused Adams, recounted happenings on Boxing Day. i' Arrests "and Finding the Property. ,' : Constable Andrew M'Hugh, of Mount Oo'ok; stated that, on December 31, in cqmpanywith Detective-Sergeant Cassells, he examined the backyard of 48 Lome Street. Ho found the two watches produced. They were wrapped up in a piece of linen and. concealed in the ivy. ;'Dotective-Sergeant Cassells, of Mount Cook, who visited Adams's house in Lorne Street abdut C.30 p.m., on Boxing Day, 'taxed Adams with connection with the affair, and tho latter replied that he had been asleep and knew nothing of it. Witness then called.in Gray, who identified Adams as ono of the men. Witness then took Adams to the Mount Cook Police Station, where Adams made and sighed a statement. • In this 1 he- denied knowledge of the robbery, and witness allowed hira to go away. On the morning of December 31, witness saw Condon nnd Donovan, and took them),to the Manners Street Police Station, where he charged them with assault and-robbery. Donovan' subsequently said: "Give me,a fair go and I'll give you' my guts" (meaning "Tell you nil I. know"). Donovan explained that if witness went to Lorne Street ho would find the watches in the yard. He added that one of tho Hatches (a lady's watch) had been sold to a man in the street.' Ho did not, know his name, but ho was "a bloke wearing-a bowler hat." Continuing .his evidence, Detective-Ser-geant Cassells stated 1 that on account of what Donovan had said he visited No. 48 Lome Street, with Constable . M'Hugh, and the latter found the watches. On the same day Adams Was arrested. His wif« called to see him that night, and' Adams then said he proposed to tell what -he knew. He was cautioned 1 on the matter, but decided to make a statement, and did so. ' ' . At this ; stago Detective ,Cassells ; produced and read a long statement made by Adam's as to being drugged and robbed. Condon Treated It as a Joke,: To Mt. Goulter: On arrest Condon professed 1 to treat tho matter as a joke. Donovan; was afterwards kept' at the Manners Street station for four hours, ■ but Condon was sent up to Mount Cook. This wn9 to keep them apart until the third man (Adams) could oe arrested. It was for the'same reason that the men were now separated in the dock,: , Accused in the Box. ' This was all the evidence called by th« Crown at; that stage, and Mr. Goultei then, stated that ho proposed to place his clients in the witness-box. : 110 first\called John -Condon. Condon, sworn, stated th&t.he came from Martinborough eight or nine days before Christmas Day, in company with a man named Watkins. At that time he had about £,2*< in his possession, and he then went on'tc describe how the various parties mado acquaintance with each other. He also described the trip to Day's Bay. He denied going, to Adams's house. At 10 minutes to 10 Adams told him that "h« had been arrested for theft, was out on bail,, and wanted to borrow money to secure the services of a lawyer. Witness did not give him any, but said that 'if he called at their "bach" next morning, both witness and. Donovan would give him money. They saw Adame again at tho Terminus Hotel on the day they wero arrested by Detective-Sergeant Cassells. - In answer to questions by Mr. Meredith, Condon admitted convictions at Dune.din, Masterton, Nelson, Christchurch, ond other places. These were for offonccs such as resisting polico, breach oi the peace, illegally on premises, sly grogselling, and vagrancy. To Mr. Macassey: Ho had never beer inside Adams's houso at any time, though h j ''had been "to tho gate on Christmas night. Donovan Admits Convictions. Thomas Donovan, who was next colled, said that he had. been a fireman on the Kuapehu, coming hero on December 15 last. Ho deserted here on December 19, and had sincobecn convicted for -'run'sonness and also for desertion. Ho had nlsc been convicted in London for drunkenness. Oil December 21 he met Condon The -evidence of tho witness r.s to whal occurred from that time onwards -ngvci! in the main with tho evidenco d'ven bj Condon. After tho arrest by DetectiveSergeant Cassells, Donovan denied having addressed tho detective by tho t..imo. r-i "Jack." During tho lime ne was ir tho cells at Mnnners Street, Dctectiv< Cassells cainetohim four times, and sail that Adaihs had made a statement, anc that, if witness would tell nil be l.wnv ho (Detective Cassells) would lii&ko i' "light" for him—might possibly bring Mir las a Ctowa witness, and get lum off

Witness denied nil knowledge of the affair on every occasion. To Mr. Macassey: Tho statement wade by tho chief Crown, witness (Gray) as '° 'what took placo at Adams's nouse on Boxing Day was puro fabriation, as far as Condon and he were concerned. \\ hen Detective Cas9ells cam© to him at Manners Street, ho produced no statement, but merely said,ho bad one. If Detcctn'e Casselb 6aid this was not true, witness would swear positively that'it was true. Mr. Macassey:- Then there, are three witnesses wlijm you flatly contradict— Gray, Mrs. Adnihs, and Dotectivc-Scrgean.. Cassells. "Were You Ever in South Africa?" Addressing his Honoar, Mr. Macassey i asked lca?e to examine the witness as to previous convictions. His Honour gave assent. .... . Mr. Macassey: Were you ever living in South Africa? ■, Witness denied that he had ever been there except calling in various ships. Mr. Macassey: Were you convicted of theft at Pieterinaritzburg in July, 1901. "Never." „ , . Mr. Macassey: Or of theft at Durban in April, 1902?—" No." Mr. Macassey: Were you sentenced as a suspected person at Pieterinaritzburg m August, 1902?—" I don't know where Petersburg is." . . Mr. Macassey: Did you receive a sentence of six months for assault and for fraud at Johannesburg in January, 1903?— "No, I was in South Australia at that time." .' , , Mr. Macassey: At Durban in October, 1904, were you convicted of a breach of the Masters and Servants Act, and later convicted aa an undesirable person and deported? . . The witness again replied in the negative, and protested that ho had never been in tho country. Ho also denied other convictions, including robbery at Gcrmiston, 1906; breach of gaol regulations, Barberton, 1905; perjury, Germiston, 1905; assault, Barberton, 190G; theft, ■ Johannesburg, 1906; robbery, Johannesburg, 1907 (five, years); escaping from custody, Pretoria, 1907; and larceny from the person, Hobart, Tasmania, February, 1912. Mr. Macassey: Wero you ever photographed in Adelaido? , The witness denied that he had been. He had never been photographed by gaol officials in his life, and had never had his finger-prints taken except in. Wellington. Mr. Macassey (showing photograph): Is that your photo? ' ! . Witness:.No; show that to tho jury. Mr. Macassey: Oh, yes, I'll see you get fair play. ' "Regarding Your Tattoo Marks." To. Mr. Meredith: Never said to Adams at tho gaol that if he (witness) "did _ a stretch" for perjury, he would ' fit him (Adams) with this. , Mr. Meredith: .Have you any tattoo marks on your back? ..■■ ■ Witness replied hi the affirmative, ana mentioned wliat'somp'of them were; Ho did not consider that it was necessary to let tho jury see .them. His Honour: Are you willing to strip to the waist and let the jury 6eo them? Witness: I, don't think it is necessary, my lord. ■'.■■■ His Honour: Do, you object? Witness: I certainly do, my lord—to strip in Court. .' , , , His Honour: There is no need to do that. You could go into tho jury room. Witness: If .the Crown Solicitor will go into the box and swear to my convictions- — '. His Honour: That'is not the thing. _ Witness: Well, I never heard of such procedure. ; After flatly refusing to 6how his tattoo marks to the jury, Donovan admitted that he had been on tho Tainui in Hobart, and stated that he was born on February 12, 1883 Adams's Account. V William Henry "Adams, the third accused, was also ■ called by Mr. Goulter. He went over the story up to tho tamo the party arrived in Lorno Street on the afternoon of Boxing Day. They all bad two | drinks and witness went to sleep. Later he heard Donovan say.', that he thought Gray had, money and ho had something 'that would fix him.. It was easily done. Witness protested, but in a littlo whilo Donovan announced that; it was done. Then, when witness saw Donovan and Condon struggling; with Gray, ho stopped them. .Donovan suggested taking Gray to tho hous'o next door and Condon carried him there. Witness afterwards learned from Donovan where the jewellery was hidden and ho told Donovan and Condon to go away from tho hoiise and not to oome back except for the jewellery. In order to wake up Gray, witness went to the house next door, but Gray had gone. He next saw Gray when ho came to the house with Detective Cassells. The samo'night lie told Donovan and.Condon that ho had been arrested, and they promised*to remove the jewellery tho following morning. Next day Donovan offered him a parcel of watches, but ho declined to accept it. Witness did not make any statement to Detective Cassells until several hours after his arrest on Deoember 31. Ho (witness) took no part in the-robbery..,ln prison, Condon had attacked hitn and,would have "kicked his brains out" had not one of the warders . intervened. Donovan had also attempted to assault him. Detective-Sergeant Cassells returned to tho witness-box and in answer to a question by his Honour said that it was in consequence of what Donovan had tojd him that 1 the jewellery was recovered. •' . E. W. Dlnnie, finger-print expert, stated that Donovan's finger-prints taker here corresponded with those of Patrick ' Sullivan taken in Hobart. Harold Itichardson, warder at the gaol, described 6ome of the tattoo marks on tho accused Donovan. The marks on his back included a, cat, a dog, and hounds after a^hare. This- closed the evidence, which had oc-cupied-from early .morning until 4.15 p.m. Counsel then addressed the jury, but his Honour deferred summing up until this morning. •• PUT BEHINE. BOLTS & BARS, "DANGEROUS CHABACTEB." "A highly dangerous character" was how Mr. Justice Chapman William Hammington, alias .Hill, who had been found guilty on Tuesday of a serious assault on a little girl.- The prisoner was brought up for sentence yesterday morning. Mr. C. V. Gotilter, who appeared for Hammerton, said that although there waa nothing before his Honour'on the point, it appeared that at the time of tho offence tho prisoner had been drinking, and had no . distinct recollection oi what took place. ' His Honour: I don't think that is of much assistance to him. If a man gets drunk, and jjommits crimes like this, it is better that he be under lock and key. If;he were at large to-morrow he might do the same thing again. Mr. Goulter submitted that a reasonable term of imprisonment might meet the case. An excessive term was not necessary. ; His Honour: What is known of the prisoner? .Mr. Macassey, said Hammington was a native of New Zealand, and described by the'police as a bad character. Counsel then read a long list of previous'convictions extending over a period of several years. ■ His Honour said that it was evident that the' prisoner was a highly-dangerous character. He had been found guilty oi a very shocking offence, and what made it all tho worso was the fact that ho had a settled trade, and could earn an honest living if ho liked. He was a menace to society, and liis Honour did not entertain much hope of reformation in a man of his (prisoner's) character. .The only remedy in such' a caso appeared to bo to apply bolts and bars. In addition to tho sontenco of hard labour that would bo imposed, his Honour proposed to alsc pass a term for reformative treatment. Not that there appeared to bo any hope of reforming him, but it would bo. well to givo tho Prison Board somo control over him. Tho sentenco of the Court would bo six years' imprisonment with hard labour, to bo followed by four years' j detention for reformative treatment.