FOR SENTENCE.

Ashburton Guardian, Volume 57, Issue 246, 29 July 1937, Page 4

FOR SENTENCE.

BREAKING AND ENTERING.

TWO OFFENCES AT MAYFIELD.

SUMS OF MONEY STOLEN. Two charges of theft with breaking and entering were preferred against Edward Marshall, aged 25, an Australian, of no fixed abode, in the Asiiburton Magistrate’s Court this morning. The charges involved the theft of 12s lOd in money on July 20, 1937, and 12s on March 27, 1936. Mr A. H. Fenn, and Mr G. Kelly, J.P., were on the Bench. Accused pleaded guilty to both charges, being committed to the Supreme Court for sentence. Walter William Edis (branch manager for the National Mortgage and Agency Company at Mayfield) said he was the sole person in charge of the store. He left the store at 8.45 p.m. on March 27, 1936, after locking the doors and window. When he returned next day the front door was still locked. In the back store the glass in the window was broken and the window open. Alongside the wall there was a box which had not been there the previous evening. There was 12s missing from the till on the counter. The till had not been locked the previous night. Constable J. E. Myers said he interviewed accused on July 23, 1937, at the Ashburton Police Station. The latter made a statement that he had come from Christchurch with a friend, who told him he knew a good place at Mayfield to break and enter. His friend went in first and accused went round to the back of the store and found the other man coming out, saying he had a bag of money, but he did not give accused any. Accused had told his friend he would not assist in breaking and entering, as he had money of his own, but he would keep watch for him. Mr Edis, the previous witness, gave evidence on the second charge. He securely locked the store, .returning at 8.30 next morning. He noticed that the till had been opened and the money gone. The greater part of the amount was in pennies. Tho window by which entry had previously been made was again broken and opened, and bars which had since been fitted had been prised so that a person could enter through.

Evidence of Constable. Constable Myers said that on July 21 he found two of the eight bars were forced, leaving sufficient room for a man to enter. There was a box in the yard outside and under the window. He also found a piece of wood lying outside and placed this between the bars. By applying pressure the bars could be forced. The marks made on the wood were identical with those which were first on the wood when he found it. He located accused at 12.30 p.m. in a plantation four or five miles above Mayfield. Hei noticed through his rear window accused running from where he was sitting. He came toward witness, who alighted from his car. Witness asked him what he was doing, and accused replied “Nothing.” Witness asked him what lie had placed behind the tree, and he said “Nothing.” Witness searched him and he found 12s lOd in money, mostly in pennies. He asked him where he got the pennies, and at that accused made no reply. Witness added that he accompanied accused to the tree to which witness had previously seen him go and there found a pound of tea. Accused said, “You know,” when asked where lie got it. Accused subsequently admitted having broken into the store and stolen the money found on him. Witness produced a statement made by accused. Two Further Charges. Two further charges were preferred against accused, and on these he elected to be dealt with by the Justices of the Peace. The charges to which accused pleaded guilty were: Stealing goods valued at 4s lOd at Mayfield on July 20. The theft of a bicycle, valued at £2 10s, the property of Alan R. Rattray, at Ashburton.

Accused was convicted and discharged on both counts. Sergeant J. F. Cleary, who prosecuted, said accused went to the front of shop premises in lower East Street and took the bicycle from outside, riding it to Mayfield, where he committed the offence in the store. He was found with the machine when arrested. The goods, consisting of tea and biscuits, were left outside the store, it being a parcel not taken delivery of. After accused had broken into the store he converted the goods to his own use, eating the biscuits.