A STREET ROBBERY.

Gisborne Times, Volume V, Issue 67, 22 March 1901, Page 3

A STREET ROBBERY.

MADDER COMMITTED FOR TRIAL. At the Police Court, yesterday, before Messrs Townley and Pykc, Justices, James Madder, a laborer, was charged with having on the evening of March 16, robbed Charles Michelson, labourer, of Nuhaka North, of a silvor watch, valued at £3. Detective Henderson prosecuted. Complainant deposed that last Saturday evening he had been in a state of drink. When in Gladstone road on that ovening a man came and asked him what time it was. Prisoner told him that his time was slow, and snatched the watch. Witness caught him by the wrist, and accused hit him on the nose. His hat fell off, and ho stooped to pick it up, and attempted to catch the man again, but the man was too fast, and as witness ran quickly he ran into a verandah post. This resulted in a littlo injury to his face. He then stopped running after the man, as it was useless. The watch was bought for £3 three months ago from a local watchmaker, whose name he had forgotten. He was not sure he had seen tho man who stole the watch since. He had seen a man at the police station the next day who was something like the man. Prisoner : Don’t forget, gentlemen ; something like the man. Continuing, witness said he was “ not proper sure.” He had picked out the man at the police station from among six, the man whom he fancied it was. Detective Henderson: Will you swear that the man you chased was tho man who stole your watch ? Witness : Yes.

Prisoner: Whon the policeman came to you on the Saturday night, what description did you give ? —I don’t remember. Do you remember that you told the police that the man who stole the watch stayed at Menzie’s? —Yes. Was that on Saturday night ?—I don’t remember. Continuing, witness said that on the Sunday morning he had picked the first man whom he thought resembled the man who had robbed him.

The prisoner; When you came,to me I had a black eye, and I looked a beauty, anyhow, didn’t I? —Yes. Prisoner: I looked like a man who would steal anybody’s watch, I’ve no doubt. Didn’t you say to me, “ Didn’t you steal my watch ? ” Yes, I did say, “ Are you the man who stole my watch ? ” Yes.—And what did you say V The Bench: You must not ask prisoner questions. _ . Air Townley said that he thought it reasonable to suppose that Michelson did ask this. He was evidently anxious not to accuse any man unjustly. "Witness said he was satisfied ho bad chased the man who took his watch. He

was not sure the man in the box was the man. It was hark. He could not properly mark him. It was a short, stout fellow, and he had a black mark on the e

:VG. " W. H. Chrisp, accountant at the Herald office, said he was on Saturday night outside Mr Dalrymple’s store. He heard someone call out in the direction of leatand Friar’s store,, about fifteen yards further up. Looking up, he saw two men running down' the footpath, and they passed close to him. The first man was prisoner, and the second man was complainant. He knew Madder well by sight. The two men disappeared down Peel street in the direction of Childers road. He saw complainant strike the verandah post, being evidently dazzled by the light. Only a yard or two separated the men when they passed him. He would not think either of the men were very drunk to see them running.

By Prisoner : There was no one oppo site Dalrymple’s store when the two men passed. He would swear positively that accused was the first man. Prisoner : You would ! Then it s a mystery to me ! Witness said that the footpath at this place was light enough to see to read a newspaper by. By the Bench : When the man stopped he said repeatedly he had been robbed, he did not say of what. His watch chain was hanging down, and there was no watch on the end of it. Detective Henderson deposed that from informant’s description he had arrested the prisoner in a small two-roomed house in Childers Boad on Sunday morning at 10 o’clock. Prisoner was then partly dressed, and was lying on a shake-down on the floor. Ho placed him in the police ] station yard among six other men whom he had called in from the street. He then sent for complainant, and asked him to see if he could identify the man who had robbed him. Michelson picked out Madder, and said as near as witness could make out, “ You are the man who stole my watch.” Witness told him lie must not interrogate the prisoner. Later on prisoner asked, “ What time does the man say I stole his watch ?” Witness replied, “ About half-past seven last night.” He then said, “ I may have taken it. I have just been trying to think. I was too drunk at the time.” He had not been able to discover any trace of the stolon watch. Prisoner asked if he had not asked what time the man said he lost his watch ? Detective Henderson : No ; what, you asked was what I have stated.

Accused said a boy had deposed that lie had seen the affair, and on being brought to the police station said, that the man was not there. He wished to have the boy present. Detective Henderson said the boy had been interviewed, but said he could not recognise tho man when taken to the station. He would be of no use to the police, and would be of no help to the prisoner. Ho said he had seen the occurrence from the opposite side of the street. The Bench decided to hear the boy. Accused called Ensign Hill, of the Salvation Army, who said that he had walked down the street, leaving the barracks at 7.20. He met the accused, who was very drunk, at Miller’s corner, on arrival there, at about 7.25. Accused stayed there witif them till 8.30 or 8.45. By accused : It was not later than 7.30 when he met accused. He was accompanied by another man, also under the influence of drink. By Detective Henderson : He would think it impossible for accused to have committed the offence, as he was too drunk. He would be surprised to hear that at a quarter to ten the detective had met Madder, and he had shown no more sign of drink than he did in the Court. .His wife saw a crowd at Townloy’s corner at ten minutes past eight, and had been under the impression that there was a fight on. A man when chased or frightened would sober up, but would probably show signs of his fright or the chase. A boy named Warren had seen the man and the occurrence, and said it was not Madder, whom he knew. The boy's father was in Court, and said the boy was working at the Freezing Works.

Mr Townley said that if the boy’s evidence was important tho boy should be brought. Tho prisoner should have had his witnesses there. not know anything about it, Your Worship. You know that I have been convicted before, Sir ? Mr Townley ; Yes, and rightly. Prisoner : Yes, I deserved that ; but robberies were committed in the town while I was away at Rotorua and Auckland ; and last Friday night I had my boots stolen off my feet. I did, sir, as true as you’re sitting there. Mr Townley : That shows the condition you were in. Accused then called evidence to show where lie had been previous to 7.30 Maggie Robertson (barmaid at tho Argyll Hotel) said that Madder had come into the bar at about 7.15. She could not say how long the accused stayed. By Detective Henderson : She fixed the time by the time which she usually entered, the bar on Saturday evening—--7.15. She did not know that she had served him with any drink. She saw no drunkenness about him, as she had not taken any particular notice of him. Henry Martiu deposed that he had seen accused in the Gisborne Hotel for about five minutes on Saturday evening between 7 and 8. By Detective Henderson: It was nearer 7 than 8. Accused had had some drink, but was not drunk. It would take a man about two minutes to wjdk from his place to Mr Townley’s corner. Bertie Brown, a boy of about 11, said he had seen two men running at the place in question on Saturday evening. He did not know accused. When taken to the police station to identify, he said he was not sure about it. By tbe Bench : Could not identify the two men who were running away. The man who was being pursued was shorter than the pursuer. Had been cautioned when taken to the station not to make a mistake in identifying the man he saw on Saturday evening. E. Warren said he was in the middle of the road opposite Mr Townley’s shop cn Saturday evening, and saw twfi men running round the coiner of Peel-street. T; e last man ran into a verandah post. Witness did not think the man .running away was the prisoner, as he was taller and stouter. Witness had known accused for a long time, ami was certain if it had been Madder he would have identi-. fied him. By the police: Witness went to the police station on Tuesday and saw Detective Henderson and Constable Doyle there. Witness was questioned by Detective Henderson as to what he saw, and as to whether he would know the persons whom he saw running away, and replied he did not know who they were. He was then told that, as his evidence was no good, he could go. Constable Clark, called by accused: Was talking to Constable McCabe one day this week in the passage of the tion, in the presence of accused. Witness said the prosecutor said the man who stele the watch was staying at Menzie’s, and that he had a moustache. By the police: Complainant did not say on the Saturday of the robbery that the person who had stolen his watch had a moustache, but did so the following day. . By the Bench: Witness was the first constable on the scene, and found informant with his coat off, and very excited. Witness could not then get any informatiom,out of him. Witness finally found out that he had lost his watch, and took him to the station. There witness was informed informant had been robbed of his watch; he could not give a description of the man, but said if he saw him again he would be able to identify him. Witness went to the - corner of Peel street between 7.30 and 7.40 p.m. on Saturday evening. - Accused submitted that the evidence of the lad Warren, who was well acquainted with Inm, clearly proved he was not the person who was running away from the informant. There was also a discrepancy in the evidence as to the time he was stated to have been in the vicinity of the robbery. ■ ■ - -' The Bench committed accused to take his trial at the next sittings of the Supreme Court.-' .