RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1768, 26 July 1888, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka—Wednesday, Jew 25, 1888,

[Before J. Talbot and James Guild, ( Esqa., J.P.’s.] AXLISOED ASSAULT AND BOBBERY. James Fergusson was brought up, on remand, charged with having on July 21st, unlawfully and violently assaulted John Tozer, and taken away from him certain moneys, viz., £9 in single notes, and £2 in silver. Mr Eaymond appeared for the prisoner, who pleaded “ Not guilty.” Inspector Thomson conducted the prosecution, and after giving a brief outline of the case, called the following evidence John Tozer, sworn, said: I am a dealer in wool and sheepskins. I live at Pleasant Point. I recollect the 31st of this month, and going to the Star hotel about 2 o’clock on the afternoon of that day, I Was quite sober. 1 bad had nothing to drink. I had over £l2 two cheques of £1 19s and £1 8s 6d, one £5 notes, and four £1 notes, less 6s 3d paid for some onions. It was between 5 and 6 o’clock when I left the hotel. I saw the accused iu the hotel half an hour after I went there. He was in the bar for a jug of beer. I | saw him again half an hour afterwards iu the hotel. After he finished putting in some cabbage plants be was in my company -about an hour. I bad two or three small glasses of beer. The accused had some drinks, but don’t know if he drank with me. I paid for the drinks, and accused saw I had money. He saw me change a I cheque, I left between 5 and 6 o’clock to go home. 1 bad a horse and trap. I got into the trap. Accused wanted to go with me. He got into the trap, and said he was going to Murphy’s for a horse. I drove till be took the rains for me. He then drove a little way, and then tried to take the reins, but be would not give them up. He then tried to pick my waistcoat pocket. He caught me by the be ard with one hand, and tried to put his other handjnto my waistcoat pocket. He jammed me against the side of the trap, and I could not say what be said. He did not get to my trousers pocket theo. He got a key out of my waistcoat pocket. He then rushed at me, got me down on my back, and got his knees or something on my chest, and got my lefthand trousers pocket clean out, and part of the right. (The trousers, a pair of colored moleskins, and pocket, were produced in Court). I identify the trousers and the pocket. As soon as he bad done that he got off me, and I got up. He turned the horse’s head towards Temuka, and we returned to the hotel at Temuka. I spent about 3s in the hotel, and When I left I had the balance of the money in the left-hand trousers pocket. The money was all right when I left the hotel. Before I got back to the hotel 1 missed the pocket and my money. I could not tell to a shilling or two what I had. No gold. All in single notes and silver, except a cheque. I had about £9 in single notes and £1 in silver, and a cheque for £L 8s 6d when I left the hotel. I changed the cheque at Scannell’s hotel on my way home. This was before accused tore my pocket. He saw me change the cheque and put the change in my left-hand trousers pocket. After the assault accused drove me back to the Star Hotel, and I told Mr Anglaud what bad happened. I don’t think accused beard what I said. When he got me down he got his knee on my throat with such violence that I spat up blood before I went to bed, between 9 and 10 o’clock, and next morning. (Some pieces of rag, a piece of twine, four keys, some leather straps, three receipts, three envelopes, spring balance, and a piece of wool, were produced and identified

by witness as his property. He ' knew the wool because it had been a . long time in his pocket.) Examined by Mr Baymond: 1 had no conversation with accused at Angland’s i hotel about a bargain for a pig dog. ' He said he was at Coal Creek some years ago pighunting, and asked me whether I would go with him, as ho had two good holding dogs, John Angland: I am the licensee of the Star Hotel, Temuka. I know prosecutor and the accused. Both were at my hotel on the 2lstinst. Accused came to the hotel about 1 o’clock and remained till about half past five. He gave me to understand , he had no money. He told me he had i no money. Tozer came to the hotel about 2 o’clock. He was sober. I , saw him having a glass of beer. I changed a £5 note for him, ", I did not notice where he put \ the change. Accused at the time | was planting cabbages with another , man. Saw prosecutor and ac- ( cused together afterwards. They appeared on very friendly terms. I also cashed a cheque for him for £1 Ids. He showed me another cheque for £1 8s fid, which I did not change as he objected to pay fid exchange, it 1 being on a Timaru bank. Tozer left 1 my house about half-past five iu company with accused. Tozer brought > the horse and trap out of the right-of-way, and accused got into it with him. i I asked accused where he was going, and he said he would give Tozer a start as far as the brewery. I saw Tozer return to my hotel , about 9 o’clock. Neither of them had hats on when 1 saw them. I asked Tozer what had become of his hat. He showed me his trousers, A

which appeared to be torn near the pocket. They seemed in the same condition as now. 1 noticed nothing particularly wrong with his face, except a slight sign of blood on his moustache. The accused came into the hotel shortly after 1 first saw Tozer. I cannot say whether they returned together. Accused had money. He paid about 5s for drinks. Both accused and prosecutor remained about the hotel till Constable Graham came. Accused came into the bar, and asked whether I had a hat to give him, I saw him leaving the bar with a hammer in his hand, and asked him what he was going to do with it. Told him I could not give huh a hat. Saw him arrested. He was violent at first, but seemed quiet: affcewards. Saw him fall on the footpath, but don’t know whether accidentally or purposely. He seemed to resist at first, but I did not see the constable search him. ■

Mrs Scannell, wife of Michael Scannell, the licensee of the Arowhenua Hotel, deposed: I recollect Saturday, the, ,21st a instant. The accused and Tozer called at the Hotel between half-past five and six o’clock. Tozer (Jailed for two> drinks. He also got some whisky. - Fetgusson got another drink. Tozer ;pald. He gave a cheque for £1 8s 6d. 1 deducted 6d exchange, and gave Tozer a £1 note change, which he put in his pocket. Accused saw him do so. James Fitzgerald, a laborer living on the Levels Plains, sworn**, said: I recollect the 21st in«t. : ,1; was at Arowhenua on that night about halfpast 7 o’clock.. On my way to arowhenua I met John Tozer in company with another man, but could not recognise him. I met them about a mile from the Arowhenua Hotel on the Point road. They were in a trap. They were sitting in the trap ■ They appeared to be both driving.' Both had hold of the reins. They were making a lot of noise and some dog* were barking. Could not say whether they were friendly or not. 1 thought they were both drunk. I passed the place again that night, and found a hat on the road* I .took it> down to Wm. Fitzgerald’s, and left it there. Constable Graham, stationed in Temuka, deposed ■ I arrested the accused at the Star Hotel) Temuka, about 9.45 p.m. on the 2lst. I told him ; he was arrested for robbery and he resisted. I had to get assistance to convey him to the lock-up. I searched him m the lock-up. I found £3 16s; 8d in money. There were three £1 notes, and the balance in cash. I also found one pocket, three envelopes (addressed to Mr Tozer), two receipts, two accounts, one letter, one key, one spring balance, some twine, a strap, and some wool in his left-hand trouser’s pockets. After searching him up I locked him up and searched the trap which prosecutor and accused had been driving in, It was iu the back yard of the Star Hotel I there found a £L note and 21s 6d in silver, also.three keys, twine, and two bootlaces. The. money was concealed between two bags of onions in the trap. Had to lift them to get it. i his concluded the evidence. The defence was reserved.

Mr Eaymond asked for bad. Ha said accused was an old resident, and he believed no one thought there was any intention on the part of the accused to clear out.

Inspector 1 homson said he had no objection so long as fairly substantial bail was offered. The accused was then committed for trial at the next sitting of the Supreme Court at Timaau, bail being allowed, accused iu the sum of £59, and twosureties of £25 each. : ' The Court then rose. .