CHARGE OF ASSAULT AND ROBBERY.

Gisborne Times, Volume XXVII, Issue 2631, 13 October 1909, Page 3

CHARGE OF ASSAULT AND ROBBERY.

CASES DISMISSED

The hearing of the case in which Thomas Siiean and Ernest John Williams were charged with having robbed and assaulted Thomas Alackay last Friday evening, was resumed at the Police Court vesterdav afternoon, before Air. \V. A." Barton, S.M. Air. Barnard, for the defandants, said that in the ease of Shean there was evidence against him that required explanation, and he would call witnesses on his behalf. The ease of AVilliams was very different. There was no evidence at all against him in what any of the witnesses for the prosecution had said. S-hean had been identified by some witnesses, but not AVilliains. The latter admitted to the police that lie had been in Shean’s company, but counsel contended that there was nothing in this to justify his being connected with a criminal charge. He submitted that there was no case against Williams.

His AVorship said that, although, in his opinion the evidence cast considerable suspicion upon AYiliiams, there was not sufficient to warrant his committal for trial. He would accordingly l>e dischargee!. Air. Bur’mrd then called evidence on behalf of Shean.

Jack Mansfield stated that last Friday evening, in Customhouse Street. lv«" and seme other lads raw Alackav, who called out to them to take him tft a hotel, and promised them some money. The lads, there were six qf them, took him to the Tnranganui, and he scattered some money among them. He then went into the hr,tel arid came out and gave them ■well a threepenny piece. He then said Goodnight. and the witness remained to nick up some coins which had fallen on the ground. There were two men standing oil the corner, and the witness saw them follow Alackay a few minutes later into the woedvard near the quay. The witness and another boy went away, and when at AlurrayRoberts’ corner heard a erv of “Bruce!” but took no notice of it. The witness had often seen the accused and knew him well hv sight. Shean was not one of the two men who followed Alackay. By His AVorshin: Neither of tlm men whom ho saw following Alackay had a bandage round his head. He saw the men about half-past seven. Bv Sergeant Hutton : Neither of the men were carrying fish. Both wore dressed in dark clothes. Stephen Schofield, a schoolboy, stated that when lio heard Alackay call out Jit* ran and told the boys AVootton and Lawless that he thought someone had fallen into tho river. Then Alackay came running towards the hotel calling out that someone had robbed him. He did not see Shean. Harry Dennett, aged 12, gave similar evidence to the last two witnesses. He saw two nmu following Alackav, but neither of them was Shean. He was quite sure of that. James Oroskery. aged 11. and Sidney Dennett gave evidence on the same lines.

Mr. Barton remarked that the prosecution must rely on the evidence of AVootton and Lawless, as Alackav was too drunk to he re I '',able. Against this there was the evidence of tlm other boys, and His AVorship 'thought that no jury would convict tlm accused. Shean was accordingly discharged.