SUPREME COURT

New Zealand Times, Volume XXXVII, Issue 8347, 6 February 1913, Page 2

SUPREME COURT

CRIMINAL SESSIONS ANOTHER SALUTARY SENTENCE. The criminal sessions of the Supreme Court were continued yesterday before his Honor Mr Justice Chapman. Mr P. S. K. Macaseoy appeared for the Crown. TEN YEARS’., William Hnmmington, alias. Hill, who was found guilty on the previous day of indecent assault, appeared for sentence. H is Honor said tins must be regarded as a bad case in every sense, for prisoner had five convictions -against him. for indecent exposure. He could not help thinking that ho was a man without any sense at decency or propriety at all. He was a menace to society, and he (his Honor) did not entertain much hops of reformation in a man of prisoner’s character. Ho would be sentenced to six years’ imprisonment and ordered to be detained lor four year for reformative purposes. ALLEGED ASSAULT AND ROBBERY. John. Condon, Thomas Donovan, end William Henry Adams were charged with having, on December 2Gth lost, at Wellington, assaulted John Gray, and with stealing from him jewellery and 7e in money, of a total value of £2O. Mr Goulter appeared lor Condon and Donovan, and Mr Meredith for Adams, and all pleaded not guilty. John. Gray said that on Boxing Day he went to Day’s Bay and remained there till 1 o’clock. Just as ho was about to leave Donovan asked him for a match. He gave him one. and then Donovan asked him if he would care for a drink, and he took him to where the other two accused and Mrs Adams were. Adams produced a bottle of whisky. They all came over to town in the boat together from Day’s Bay and had a drink at the Pier Hotel. Witness asked Adams it his wife wanted a drink, and Adams replied that he could get a bottle of port wine if he liked. As it was too late for dinner Adams invited them to his place for dinner. Witness accompanied the three accused to Adams’s house in Lome street, and shortly after they arrived he was given a drink. lie then began to fool bad, and as Donovan began to fumble about with, witness’s watchchain he asked to be allowed to go outside, but Donovan said: “Have another drink.” Witness declined, and Donovan then grabbed him by the throat and forced him on to fhe couch. On© of tho men put a spoon between his teeth and forced some liquor down his throat. Later ho was carried into the kitchen of an empty iiouse next door, and the accused searched him for money. He also got a heavy blow from one of accused’s knees, and he was left unconscious for more than an hour and a half. He then went to the Mount Cook police station, and Detective Cassells accompanied witness to Adams’e house. Witness then identified Adams and his wife as two of the people who had come over from Day’s Bay. Adams ©aid he knew nothing about the robbery. He then remarked to Adams: "Don’t you remember me purchasing a bottle of port wine for you to give to your wife?” and he replied he did. He later went to Mount Cook and identified Condon and Donovan without the slightest hesitation. Tho jewellery produced was his property. To Mr Goulter: He only had one drink on the jetty and another on the way across. Ellen E. Adams, wife of the accused Adams, said that she knew Condon and Donovan, who stayed with her about Christmas time, and left on Boxing Day. The accused were present at Day’s Bay 1 ? n ,i? ox^n S' an( l she saw Donovan talking to Gray. She saw them having a drink of whisky and soda on the wharf and they all returned about 2 p.m. The three accused and Gray went to the I ier Hotel and witness went home. She next saw them at her house late in the and she saw them have one drink. Neither Donovan nor Condon stayed at her house that night. Her husband brought home a hottle of port wine. * To Mr Meredith: Gray and Adams were much more under the influence of liquor than the other two. Just after ta© three accused and Gray arrived home she went into an adjoining room and she heard no noise whatever. She was in ill-health, and was an out-patient at the hospital. Constable McKew gave evidence as to finding the jewellery in some ivy in a fence that divided Nos. 46 and 48, Lome street (Adams’s house and the empty house). They searched for about half an hour before finding it. Detective-Sergeant Cassells said that in consequence of a complaint made by Gray he went to Adams's house. He saw Adams and told him Gray complained of being robbed in his house. He said he knew nothing about it as he

had been asleep. Witness then called Gray, and he asked Adams if he know Gray. lie replied lie tid. Adams subsequently made a written statement implicating the other two accused. Witness, on December 31st, saw Condon and Donovan in Manners street, and took them to the Manners street police station, where Donovan gave him certain information that led to the discovery of tho jewellery. Subsequently he arrested Adams, and about 8 o’clock the same evening Adams made another statement concerning the assault and robbery. To Mr Goulter: Condon and Donovan both went to the Manners street police station quietly. Donovan was leit in charge of the police at Manners street and Condon was sent to Mount Cook. He adopted this method to keep the men apait while he went to ancM Adams. He never at any time mentioned Adamas’s statement to Donovan. On account of violence being threatened towards Adams he had to be kept separate from the other prisoners. This closed the case for the Crown. John Condon said that he came- to Wellington about eight or nine days before Christmas. He came from Martinborough, and bad about A 27 in money. A man named Fielding took u house. 26a, Lome street, and witness furnished it. On the Saturday before Christmas ho met Donovan near the Cricketers Arms Holed, and lie also went and stayed at tho house. They went to Palmerston on Christmas Eve, and Uic> caught the train back to Wellington the following morning. Donovan had plenty of money, and when they went home they both went to bed. Donovan got some whisky, and after having a ilrink they went to Adams s house further up the street. They later went to a fish shop for supper, where it was arranged they should go to Picton on the following day. However, the trip was abandoned, and they decided to go to Day’s Bay. They met Gray over there, and they later had some whisky from a bottle which was in the possession of Adams. On returning to town Adams asked them to have a drink at the l a‘ r ' Hotel, where they remained about forty minutes. He did not remember anything about a bottle of port wine. Adams suggested that they had bettor go homo to his place and have dinner. W itness and Donovan, however, went to the Commercial Hotel, and they did not boo Adams until about 10 p.m.. when they met him in the Princess Hotel. Adams came along to the hotel and told them he had been arrested for theft, and admitted to bail. He asked them for £1 each towards his bail. They refused to give it to him, but told him that they would give him some money in the morning if lie called at their house. They saw him again at the Terminus Hotel on the day they were arrested by Detective Cassells. , ■ , Mr Meredith then examined Condon in regard to his previous convictions, which included drunkenness, disorderly conduct, assault, being illegally on premises, apd vagrancy. - To Mr Macassey: He would swear positively that he was never in Adams s house, though he stood outside on 6hristmal Aight. He told Detec ive Cassells he did not know Adams, and te did not know Ins name at that tunc- He ■ to Carterton on December 2<th ana <na iot return to Wellington till the following Monday. He did not go to l orester s lane on December 27th and effort, sell a watch to a woman named Thomas Donovan said tbe it e rapi y u e,n ?le oy had a %^n h 7crvicted for Condon till December 23rd andthey then MS Late/ tSie?° n /o°t n h Nexlf’daf they d aU Ten/ to° Day’s “ Accused then described the meetin^wlth d».iu S him and Condon and he told mm he would make him a Crown witness and make it light lor him it he tola ins truth about tho case. He also told witness Adams had made a statement. M Afacassey: Detective Cassells swaeis fhTt he dfdnot got the statement from Adams until 8 o'clock a \Jj iß Tho hours after you were a ” e so ho otuU not have told you he had the statement. In reply to Mr Macassey Donovan denied tha/he had been convicted in South Africa Tho photographs produced by the police with this criminal record wero “//Mr Meredith : He did not say while he came by through lending money. He never said that if he had had it ho would •’fix’’ Detective Cassells. Mr Meredith Have you auy tattoo marks on you 1 ’ M/MwediTh 6 :’ Have you a scar on your right shoulder blade? Mr^Mereditli: What are the tattoo “Wrtuess: A girl, two angels and a “ Meredith: Are you willing to strip to show whether they correspond with the description given by the ‘to His Honor remarked he could strip to the waist in the presence of the jury. Witness : I certainly object. Mr Meredith: Well, it J’°« reiu6e to strip the only reference is that , you are identical with the man convicted in South Africa. , . , Witness -. I never heard of such a procedure. You have got the photograph, and show that to the jury and .see if they say it is mine. I am surprised if you have not got other proot that tho photographs are mine. In reply to his Honor Donovan said he was born on February 12th, 1882, and he was thirty-three years of age. William Henry Adams said that they all went to his place after visiting Day s Bay, and witness went to sleep. Donovan later woke him up and that they should rob Gray, but witness objected. Donovan informed him that it was easily done, as he had something in his pocket which would fix Gray. He saw Condon and Donovan struggling with Gray, and he stopped them, but later he saw Donovan with some jewellery in his nand. Donovan then suggested they should take Gray to the house next door, and Condon picked him up and took him there. Later Donovan called witness and showed him where the jewellery was planted. Witness told both Donovan and Condon to go away as he did not want them about the house and he did not want them to come back except for the jewellery. He went into the empty house CO wake up Gray, but Gray had gone. Witness’s wife advised him to go to the police and tell them, but he replied ho would probably get into trouble. Subsequently Detective Cassells and Gray arrived. Donovan later called round to get the jawellery, and offered witness some of it. but he refused to take it. He look no part in the robbery at ail and never had any of the proceeds. The warders in the gaol had to keep Condon •and Donovan away from him, as they would knock his brains out. Condon had assaulted him. Detective Cassells, in reply to his Honor, said that it was as the result of what Donovan told him that the jewellery was recovered. Edmund Walter Dinnie. finger-print expert, said that the finger-prints of the accused Donovan and those received from Hobart marked Patrick Sullivan were identical. The photographs also agreed with accused. Harold RichanHon. warder at ihe Terrace Gaol, raid Donovan was profusely tattooed on the back. He had hounds, a rabbit and a oat tattooed on his skin. After counsel had addressed the jury the court adjourned till 10 a.m. to-day-