SUPREME COURT.

Colonist, Volume III, Issue 287, 20 July 1860, Page 2

SUPREME COURT.

Monday, July IGth, 1860. (Before his Honor Mr. Justice Johnston.) Uis Honor took his seat at ten o'clock. HIGHWAY ROBBERY. . Henry .Dillon and William Melville were charged with an.assanlt on one James Leach, and robbing the same .individual on the 16th April last. The following were the. jurymen :— ■-. Enoch Jellytnan, Wm. Jennings, John James, Thomas Hunt, Geo. Jackson, Richard Hyland, John Jervis, Wm. Jeffries, Richard Johnstone, Jacob Jacobsen,. Thos. Jones, James Hyde. ,- The Crown Prosecutor briefly opened the case... ... ... ■. ■-;•■ ~;.;...■;,.;,-. •-■.•'« James Leach sworn: I reside at Nelson, and am prosecutor in this; case; was at the races this year, came home the first evening. As I was doing so, saw prisoners at the Turf. Abraham Bush, George Neale and myself were together proceeding to the Turf, and came together to Greig's Hill; we were all in liquor but Whiting; Whiting and Neale left me at Greig's Hill, after they left me, Bush and I came on, left Bush close to Cundy's, Bush could not go further, so I left him, 50 yards from Cundy's got a blow on the head, which knocked me into the hedge, I did not see who gave me the blow; think it must have been with the fist; soon after I was down saw two persons—they kicked me as I rolled over, also on the right side, and jumped on my breast, and made my ribs black and blue, they walked away, came back, and again assaulted me, as they came back, they tore my vest open; arid had their hands iv my pocket, they took a gold watch, some silver, about 125., ,a penknife, and a purse; told them if they would let me alone, I would give them what I had; did not hear them say anything in reply;. gave them nothing (to my knowledge); had the;knife on Greig's hill, was cutting tobacco with it, had my watch at the Turf.. Saw my. knife on Saturday in Harper's possession. [Knife produced by Harper. T. W. -White, Nelson, on one side, Maori on the other side, . sworn to by, witness. Two persons were close to me, they put me in bodily fear, they both went away, and came back, and Ihen robbedme, I could not swear to'the prisoners, they were about the same size. Saw the prisoners at the races, and at the Tiirf as I left. Could not swear Dillon was one of the men, saw the prisoners together during the day. After the assault the prisoner went towards Nelson; was insensible two hours from the kicks I had received.; I was very much bruised, it was 10 weeks before I was convalescent. Cross-examined by Melville: saw you in the afternoon of the day at the races, did not see you at the Turf; did not see Mrs. Abbott; do iaot remember any row on the road; was riot with my brother coming home, was attacked about 8 o'clock ; lost about 125., can't swear to the exact amount, said so before hearing 12s. was found on one of the prisoners; left the Turf before my brother; I could not tell whether my watch was taken from me or not. I saw you on the course in the afternoon, do not remember seeing you at the Tuff, cannot swear you attacked me, but you resembled one of the parties. By Dillon: I saw you on the race-course, we had .a t sweepstakes together, you drew the last ticket, and refused to pay: you paid afterwards, saw you at the Turf, you were at the Turf when I left. Mrs. Abbott did not leave the Turf with me, she was not on the road with me when I was assaulted. Did not know who knocked me down, saw two men. Re-examined by Mr. Adams: when prisoner Dillon paid me ls, he said, ' I'll bet you ss. I have that shilling off you before the. day is over.' By his Honor: Was present at the sweepstakes and held the hat with the tickets. Never: saw Dillon before. His Honor wished to have some notion of, tha degree of drunkenness. Witness: Could not walk straight, and tumbled going along. Had the first glass about twelve in the day, and had been keeping it up. Can't say at what time of the day I saw my watch. Money was safe on leaving the Turf. Did not notice the voice of the men who robbed me; heard their voices; could not swear to the voice. Said, 'If you let me alone I will give you what I have. Did not lay any information. Gave a description to Harper of the occurrence. Do not know if Melville was with Dillon when I bet the shilling. William Harper sworn : Am constable. Oaths first day of the races arrested prisoners about nine o'clock p.m., in the Fleece Taveb, Waimea-road. Both prisoners were together. Searched them, and found on Melville 12s. 2d. or 12s. 4d., on Dillon a small white-handled knife (produced). Cross-examined by Melville: Found nothing ; 6n you but 12s. 2d. or 12s. 4d. Cross-txamined by Dillon: Gave the knife to the Sergeant-Major the next day. Did not take two knives [from you. Swear to the knife produced. W. Osman sworn: Am a carter. Was at thf race the first day. Saw Dillon about eleven in the morning, and Melville with Dillon in the evening at the Turf. Was knocked down as soon as I went in by Melville. Both prisoners ill used me. Thi» occurred between six end seven o'clock. . ; j By Dillon: Started from the Turf with the! two Leaches. Never saw Mrs. Abbott on th« road. •Knocked Melville do#n on the road from the Turf, and made him say he would ' never interfere with me,' and he begged my pardon. Did this in my own defence. When before the Magistrate never said that Mrs. Abbott and Melville were arm in arm. One of the Leaches left us about a quarter of a mile the Nelson side of the Turf. It was two hours and a half from the time I saw Dillon at the Turf till I saw him at the Rising Sun. Did not know Leach had been beaten. Ybustruck m» in the Turf. You said 'you belong to: the bob' again Have been special constable at the races., Made complaint, two or three days after, to Harper of your conduct at the Turf. ■-."... y By Crown Prosecutor : Thought Leach (prosecutor) had gone on before. Went home with his' brother. Saw no more of prosecutor. Henry Whiting sworn . Am a blacksmith. Was at the races first day, 10(h April. ; Saw both prisoners on the course; they were in company with others. Went to the Turf, heard a scrummage in the tap room, went in. Osman was bleeding in the face; pulled Melville away from Osinan, as he was beating him. Left the Turf, with,a man named Geo. Neale. They (prisoners), were both kicking Osman. Melville left before me, and 1 met him Coming back towards the Turf, as I was going to.NJeisqij. Leach, had, thsu .goije tpwards "Nelson. Afterwards overtook Leach ; then took Geo. Neale, and brought, him home, leaving Leach and Bush behind. We then, came, to Mrs. Walker's; the prisoners came up to me outside Mrs. Walker's I had seen no one else on the road. ' By Melville: Did not see1 Mrs. Abbott at tht Turf, nor any other woman. By Dillon: Pulled off my clothes to defend Osman. Was,undressed to fight you-;' !ckn give no reason why we did not fight, the landlord came I in and pulled me out. Wm. Gray, sworn: Am chief clerk ". in thej Post-office. Was in the Waimea-road on the first day of the races about 9 p.ni. Passed the Rising Sun on my way home, heard some noise there. - Mrs: Adam was screaming with candle in hand, as I understood two men were attacking Mr. Adam. Asked Mr, Adam to shut his door; two men (the prisoners) came out of the door, they attacked me, both struck me. ' Win. Osman recalled;: was at the j Rising * Sun as I came home, the prisoners came in and both assaulted me. ,-■■ This closed the case forjthe prosecution. y! Forthe defence— .. ,■ ..; ■;. Elizabeth Abbott sworn: Was at the Turf the first day of the faces; saw both; prisoners there. Kiiew both before, but never saw them together. SavVDillon at Fulton's before Leach left the Turf with me; cannot swear it was the prosecutor Saw-Melville a, little this side of the Turf, Leach and I were together. Was, attacked by Barnes. ' There were 4 men altogether, one threw me down. Did not see Osman at all. : ■By his Honor: Was noli with Melvillriat all 'that evening* : : ■ -''■'■:J'. ■■-•..■:-.n.;£*■•■? -:.

By Mr. Adams :''The;assauU took place a little th is side of Mr. Marten's. The prisoners then -addressed, the jury as follows:-*-: Melville: The evidence brought forward has nothing to satisfy any one lam guilty. First place, LeaOh *vas drunk, he lost his watch through being in company, with a very? notorious woman. Again—Osman must have passed Leach; is it not possible I or any one else might have done the same ? I was searched after I was arrested, none of .Leach's property was found on me. Dillon never acted in concert with me, he being a perfect stranger to me. ' . . I , • Dillon: Do not know Melville, 'having never seeh liim before. Had previously been at Collirigvvood. Came from; there to Nelson, and stayed at the Victoria Hotel. Prisoner gave a long statement of what he had been doing up to the time of the robbery. Never met Leach on the road. ;It was not likely he would take a knife so easily identified. When he was taken up it was sometime before he was searched. If he had stolen,the knife was it likely he would have kept the knife on his person. He had been only twenty-three; days in the province till he was in custody. He acknowledged his guilt iri assaulting Mr. Gray, for which he had been punished. He then called the attention of the jury to the fact that the whole of the evidence only went, to show that they (prisoners) were together, and did not tend to show that they were guilty, of the offence charged. His Honor then summed up, and' the jury, after about one hour's deliberation, found.a verdict of Guilty against Dillon, with a reebmhiendation to mercy. .-.'.'. His Honor, addressing the prisorier Dillon, said that anxious as he was to take into consideration the recommendation of. the Jury, he should feel himself unworthy of his position did he; notice it in the present. case. He then impressed on the Erisoner the heniousness of his offence of which c had been found guilty, and sentenced him to be imprisoned, and kept to hard labor for two years.