ASSAULT AND ROBBERY.

Taranaki Daily News, 3 February 1916, Page 3

ASSAULT AND ROBBERY.

-HAWERA MAN THE VICTIM, TRIAL IN SUPREME COURT, PRISONER FOUND GUILTY The sitting of the Supreme Court at Xew Plymouth was continued yesterday. His Honor Mr. Justice Hosking presided. Herbert Hodgson, a young man, was charged wjth tile robbery "of a gold watch and* chain, valued at £5, from the person of Reginald Skerman, at Ha-, wera, on December 10, 1915, and further with assaulting Skerman at the same time. The accused pleaded not guilty. Mr. H. R. Billing (Crown Prosecutor) conducted the prosecution, and Mr. G. D. Gow appeared for the accused. The following jury was empanelled:— Messrs P. Roberts, F. H. Jellyman, G. E. Hook, J. D. Press, J. Telfar, W. McTndoe, H. L. Marsh, W. R. Leighton, B. J. Mcßeth, W. Lander, E. Hellier and F. J. Scrivener. Mr. Scrivener was chosen foreman.

Reginald Skerman, formerly a commission agent at Hawera, said he was in the Railway Hotel at Hawera on the evening of December 16, 1915. About 8.30 p.m. he had occasion to visit the hotel on business, and went into a private parlor oft' the bar. After a while the accused came in. Witness and accused entered into a casual conversation on the subject of horse-racing. Witness had never seen the accused before, but he spoke to the accused about horseracing because he thought the accused was a horse-trainer. Witness asked accused about a local horse named Welcome Nugget, and the accused said, "I have got the horse round in Princess street; would you like to see him?" Witness replied that he would, but before leaving suggested that they should have a drink. Accused led witness to a house in Princess street, and here iiii'V say a black horse in the yard. J ,'V afterwards returned to the hotel. About 9.30 they left the hotel together and turned from the Glover road into Cambria street. They walked along until they got to a shed owned by Symes, Ltd. Then the accused, who was walking on the right of witness, suddenly threw his left arm round witness' head, and struck witness several blows on ithe face and head, causing witness to fall down. The accused then hit witness two or three times while witness was on the ground. Witness called out, "Let me go; I have nothing on me to rob." The accused felt in the witness' pockets and removed the watch, hut there was nothing else in the pockets. Continuing, witness said the accused then got up and ran away. He valued the watch and chain at about £5. Witness went to the police station and reported the matter. On the following morning witness had no trouble in recognising the accused amongst eight men, and the man in the dock was the man who assaulted and robbed him. On the evening of the occurrence witness onlv had two drinks, both of which were ginger beer.

His Honor: What, just plain ginger beer? Witness: Oh, no; gin arid ginger-beer. Cross-examined by Mr. Gow", witness said he was a temperate man, and had never been under the influence of liquor as far as he knew. Witness had about two shillings with him when he went to town on the evening in question, and he spent the money on the two drinks. He did not purchase a bottle of beer. At the time of the assault witness did not call out for assistance. Counsel: Can you see well?

Witness (taking off his glasses): I have got the most peculiar glasses in New Zealand. The doctor tells me I am long-sighted. Counsel: If you are long sighted you can see things at a distance. Can you see me? Witness: So; without my glasses you appear to me as a, little animal. (Laughter). Samuel Brown, a shoemaker residing in Princess street, 'Hawera, said he knew the accused by sight. Witness was in the Railway Hotel on the night in question. He saw Skerman and the accused there and they were talking together. Witness left the hotel to get a racehorse, Santa Rosa, which was kept in Princess Street. Whilst he was in the yard accused and Skerman came into the yard. Witness heard accused tell Skerman the horse was Welcome Nugget. - Aeceused had nothing to do with the horse and had no right about the place, and when he heard accused introduce the horse as Welcome Nugget he told him "to Welcome Nugget outside." Skerman was sober at the time. John Harrington, licensee of the Railway Hotel, Hawera, stated that • he knew the accused and Skerman. They were both in the hotel on the night of December 16 last. They were there for about half an hour. Skerman was sober, but witness did not remember what drinks he had.

Albert Lethaby, billiard-room proprietor, Hawera, said that on the morning following the assault the accused went to witness about 4.30-or 4.45 a.m. and asked witness if he would buy a chain, which the accused displayed. Witness had no doubt the accused was the man to whom he had referred.

Cross-examined by Mr. Gow, witness said lie was in the habit of making jokes, and he probably told the accused on a previous occasion that he was a "buyer of sovereigns, old gold and precious stones.'' Witness told the accused he was a buyer of-sovereigns, and that he would give 18s for a sovereign. Senior-Sergeant McNeely, of Hawera, described Skerman's visit to the police station on the night of December 10, when Skerman made a complaint. The following morning accused was found lying tinder a tree in the grounds of the Church of England, and he was arrested. When witness charged the accused with assaulting and robbing Skerman the accused replied, "You have got to prove that." A search of the accused failed to produce any trace of the watch and chain. This closed the case for the Crown, and no evidence was called for the defence. The jury retired at 12.20 p.m. and returned ten minutes later with a verdict of "guilty." His Honor remanded prisoner for sentence until this morning. FURTHER CHARGES. HODGSON AGAIN FOUND GUILTY. Further charges of forgery and uttering a cheque for £2 at Eltham on December 3, 1915, was preferred against Herbert Hodgson. The charge stated that the prisoner forged a cheque for £2, drawn by. T. Walsh, on the Bank

of New Zealand, Eltham, and that the prisoner presented the cheque to Alfred Were, of Eltham, in payment of goods. The accused, who was represented by Mr. Gow, pleaded not guilty. The following jury was empanelled:— Messrs W. 11. Hay, W. S. Cartwright, W. 11. Luscoqibe, T. R. Price, N. A. Christiansen, E. T. Scott, E. Gerrard, l l '. W, Hanks, I. Goodwin, A. S. Hasell' W. B. Kivell and W. Julian. Mr. Hasell' was chosen foreman.

Thomas Walsh, a dairy farmer residing at Kawhitiroa. said he went to Mr. Wo re's shop at Eltham, and there, saw a cheque for £2 drawn on the bank of New Zealand and signed "T. Walsh." The "T. Walsh'' was not witness' signature. No part of the handwriting on the cheque was witness'. A cheque had been removed from the back oi' his cheque-book, but witness had not removed it, nor had he lent his chequebook to anyone.

Alfred Were, a fruiterer at Eltham, stated that the prisoner came to his shop just after the Stratford Show, but he could not remember the date. The prisoner asked for 5s worth of lollies, which he said he wanted to send to his brother at Trentham. Witness supplied the accused, who presented the cheque (produced) in payment. Witness cashed tile cheque and g.ive accused the change. There was no date on the cheque, and witness said the Recused had better fill in the. date. The accused did so. The cheque was subsequently returned to him, as it was "a dummy." The accused was under the influence'of drink when he presented the cheque; he would say the accused was "half sprung."

Leonard T. Crcsswcl), a grocer at Eltham, stated that he sent to Were to obtain change of a £5 note and received 3 singje notes and a cheque (the one produced). Witness paid "the cheque into his account with the Bank of New Zealand, Eltham. but it wa6 returned, endorsed "signature unlike."

John M. Franklin, a ledger-keeper in the Bank of New Zealand in Eltham, recognised the cheque produced, which was paid in by Mr. Cresswcll some time in December. The cheque was returned because the signature "T. Walsh" was '■unlike." The only T. Walsh who had ar. account at the bank was the one who had given evidence in this case, and his signature was "Thomas Walsh."

Senior-Sergeant McNeely, of Hawera, gave evidence as to the arrest nf the accused. At the police station the accused was charged with forgery and uttering, and no mention of a cheque was made, but the accused replied by asking, "What is the crook cheque I'm supposed to have cashed?" Witness replied, "The cheque you cashed at Were's." The accused then said, "You can't do anything about that, because I found it on the road." When the accused was searched a second cheque was found on him, signed "T. Walsh." The accused then said, "I never tried to pass 'it, as I was 'shickered' when I filled it iin and it looked too crook."

His Honor: What would he mean by "shickered"? The Crown Prosecutor: That is a slang term for drunkenness, your Honor. Mr. Gow (to witness): I believe the accused is not well disposed towards you ?

Sergeant McNeely: It is my experience that evilly-disposed people are fcot well disposed to the police. This closed the ease for the Crown, and no evidence was called for the defence. After a retirement of a quarter of an hour the jury returned a verdict of "guilty" on both counts. , His Honor deferred sentence until this morning. LtBEL ACTION TO-DAY. To-day the case Garnet I-I. Saunders (Mr. Myers) v. Tlenry Weston (Mr. C. P. Skerrett, K.C.J, a claim for £IOOO for alleged libel, will commence at 10 a.m.