SUPREME COURT

Evening Post, Volume LXXXV, Issue 30, 5 February 1913, Page 8

SUPREME COURT

ALLEGED ASSAULT AND ROBBERY CHARGE AGAINST THREE MEtf. John Condon, Thomas Donovan, and .William Henry Adajns were charged before Mf. Justice Chapman this, morning with assault and robbery of one John Gray on Boxing Day last. The articles alleged to have been Stolen were three watches, and two gold watches, and 7s in money, of a total value of £20. Mr. P. S. K. Macassey, Crown Pro> secutor, conducted the case for. • the Crown. Mr. C. V. Goulter represented the ac-' cused Condon and Donovan ; V. B. Meredith appeared for Adams. , Mi 1 . Walter L. Smith was foreman of the jury. Mr. Goulter asked for a severance of the cases of Condon and' Donovan from that of Adams. His Honour said he would take the cases together. ■ _ Evidence- was then taken 1 on. the same lines as in the Magistrate's Court. ' Grfty made the acquaintance of accused at Day's Bay, went drinking with them in the city and then on to Adams's house,' where it was alleged he was plied with drink, drugged, assaulted, robbed, and carried to an empty house adjoining. Gray (to Mr. Gonlter) : He was not a teetdtaller, but he.wrfs not a drtfhkai'd. ' He had only two drinks before coming back to Wellington — one on the jetty at Day's Bay and one coming across. ' To Mr. Meredith : It was Donovan who was on to him all the time from start to finish. After further evidence for the proseciv tion, Mr. Goulter submitted that Adams (who had made a statement to the police implicating the others) was too much under the influence of liquor to know what happened on Boxing Day. He called Condon. The accused Condon said that he came down from Maryborough for Christmas, aiM at the tima of his arrest he, Avas v residing at 2Ga, Lome-street, a place' si'ented by a man he knew named Feilding, who had come'd.own with him from the Wairarapa. He had about £27 in money" with him. Donovan, came into the bach later. They went up to Palmerston North o3i Christmas Eve, and carrie back on Christmas morning by the express. They had some more drink on Christmas Day. They went up to Adams's house that, night ; but witness did not go in. Next morning he bought tickets' i;or the 'AdamSes artd_ Donovan for Picton, but fche'tfip waa' postponed. They went to Day's Bay, and on the jetty they met Gray. They had, several drinks on ,the way back. Witness and» Donovan did not go to the Adams's house in LoriidyStreet at all, but left the party at the Pier, Hotel. He met Adams that night about 10 o'clock, in the Commercial Hotel, where\ witness and Donovan had been since leaving the- Pier. Adanirf <&i<l lie" was' in , trouble— he had been arrested for theft, and he wanted a pound from each to 1 get a lawyer. They did ,not. giro him any money, but they auw him next morning. "" To, Mr. Meredith: Witness' admitted having been convicted 'altogether nine times previously in Dunedin, Christ,church, Masterton, Nelson, and Wellington, In Wellington he had got nine months for b«ng an .idle and disorderly* person. He admitted assaulting Adams in the remand-room, and afterwards in the bathroom. ,At this stage the Court adjourned. On resumption this afternoon the accused Condon was . cross-examined by Mr. Macassey. He reiterated that never in his life on any occasion did he set foot in Adams's house. .He did not even known Adams's name. He avoulcl swear that hefhad not tried to sell on the day after the .l'obbery a lady's watch and chain to a woman named Russell. Thomas Donovan was next called by Mr. Goulter. He was a fireman on board of the Ruapehti. He had been convicted in Wellington and in London for drunkenness and had deserted from the ship/ which arrived on the 17th December. • 'He had £14, with him. He stopped along with Condon in Lornestreet until the 23rd December. He described the trip to Palmerston North, mentioned by Condon in his evidence, and subsequent events. (Proceeding.)