A SERIOUS CASE.

Gisborne Times, Volume VIII, Issue 485, 26 July 1902, Page 2

A SERIOUS CASE.

ALLEGED ASSAULT AND

ROBBERY.

At, the Police Court yesterday, before Mr W. A. Barton, S.M., John Edward Howell and Matthew Spellar were charged with having assaulted and robbed one John Hansen, laborer, in Gladstone road on Tuesday night. Mr R. N. Jones appeared for accused, who pleaded not guilty. Sergeant Siddells conducted the prosecution. Hansen’s evidence was to the cfTect that he belonged to Hawke’s Bay, nut had been working in the hush at Mau-

gatu for Howell and a McKenzie. Spellar also worked there. He had about £2 in his pocket when lie arrived in Gisborne on Monday, and on Tuesday evening he was with a mate named Larsen and accused at the Royal Hotel. They had several rounds

01 drinks, and at closing time they were told to leave—he had about 25s in his pocket then. They had been skylarking together, and on going out continued skylarking. Larsen had then gone. He was thus gradually taken along to a quiet place, where one of them felled him with a blow,, on the jaw. His pockets were rifled of their contents, and lie received several other blows as from a boot. He became unconscious ior a time. On recovering he could not see anyone about. On going down the road iie met O'Brien and some other men near Universal IJining Rooms, and whilst talking to O’Brien the accused came and joined them. He accused Howell of robbing Mm. Howell took oil' his coat to fight. Constable Hancox appeared on the

names. scene, and informant made complaint to him without mentioning other names.

Jn cross-examination liy Mr '.Jones, witness said he had stated to O'Brien that Jie thought Ilowell had taken ihe money, accusing him because he thought lie was the ringleader. He did not think Spellar would do such a thing. Witness had done his share of the “ shouting ’’ during the evenrng, spending about, 7s. He had about four rounds of drinks at the Royal. After being assaulted, he walked, p a >:t the hotel, seeing nobody about. By Uie Sergeant : The skylarking m ihe hotel consisted of swinging the Witness round till lie was giddv. John Larsen deposed to leaving last witness and accused in the passage of the hotel shortly before 11. Hansen was then capable of looking after himself; accused were under the influence of liquor.

Joseph John Martin, licensee of the Royal Hotel, deposed that the men were skylarking with Hansen’s old hat, but he did not see them swing him about. When he told them they must go accused and Hansen went out together, no one else with them. The three men had been drinking, and ;.II were under the influence of drink. Xonc of them were drunk ; all wete capable of knowing what they w,-re doing, Hansen was not in such' ;. ■state that he would lie likely to fall about, and would have a clear recollection of anything that look place. Ihe accused .Spellar returned to the hotel that night.

I Cross-examined by Mr ’.Jones, wifi ne.'S said that the three men were all on the best of terms when tliev left the | .louse. He had known Howell for two years and Spellar six weeks. He put them down as both decent men. After evidence had also lieen given hv •John O’Brien. Constable Hancox Fred Goldsmith, and Detective Nixon, it w a s contended by Mr Jones that there was imaprima facie case to warrant commitral, and then the accused Wei* 3 remanded until to-dayj