Seaman Punched and Robbed of Cash

Sun (Auckland), Volume II, Issue 351, 11 May 1928, Page 1

Seaman Punched and Robbed of Cash

TWO MEN CHARGED STONE-DEAF PRISONER Two young men, who were alleged to have been involved in the assault and robbery of a friend on the night of March 14, appeared before Mr. Justice Blair and a jury of 12 in the Supreme Court yesterday afternoon. Mr. Osborne-Lilly appeared for the Crown; Mr. F. D. McLiver represented James Tui Xicolson; and Mr. G. P. Finlay, Phillip Eric Charles Allen.

Allen pleaded gruilty to two charges, and was remanded until Monday for sentence.

The trial of Xicolson, on four counts 1 of assault and robbery, and the theft ! of a sum of money, was proceeded with. Mr. Lilly stated that at the time j of the incident Peter Bruce Smith, the | man assaulted, was a seaman on the Waitemata. On March 12, when Smith j arrived in Auckland. the accused | visited him, and invited him to a party. ! It was the afternoon before the party that Smith, the accused, and Allen had several drinks. That evening Smith went to the party with Xicolson, and took some liquor with him. Allen arrived later, and it was between midnight and 1 a.m. that Smith and the accused left the house. Smith would sav ne was feeling sick, and when the ’ left the house Xicolson was on one side of him and Allen on the other. He put his hand in his hip pocket to look for his money, £6 in all. He found that a £ 1 note was missing. Allen went back along the road, and returned to Smith, handing him a £ 1 note he had picked up. After walking a few yards he received five punches on the face and head. When he recovered from the shock, he saw Xicolson and Allen running across the street, and his money had gone. MUST BE PROTECTED Resuming this morning, Mr. McLiver opened the defence, and called the accused. The examination was carried out under great difficulty owing to the fact that the accused was stone deaf. His Honour assisted greatly through a knowledge of the dea* and dumb alphabet. Witness detailed the events following the party, and denied that lie took the money, or had any hand in the assault.

In summing up, his Honour said that even although men were foolish enough to indulge in liquor, they still had to be protected from assault and robbery. The jury had to decide whether the accused was an active party in the assault and robbery. They could leave Allen out of the question, as he had pleaded guilty. The jury retired at 11.25 a.m.