A BURGLARY CHARGE.

Auckland Star, Volume XXXVI, Issue 43, 20 February 1905, Page 2

A BURGLARY CHARGE.

I WIDOW IN THE "WITNESS BOX. ! V WARNED BY THE JUDGE. AN EXTRAORDINARY CASE. An unusual sensation was created in the Auckland Supreme Court this morning by the evidence of a female witness in a burglary trial. The case was one in. which a young man named Joseph Johnson was charged with breaking by night into the store of Charles John Goodwin at Ponsonby and stealing a quantity of goods and £4 in money. Mr. J. I_ Reed defendedThe second witness called by the Crown Prosecutor, Hon. J. A. Tole, was a young widow, Mrs. Kirkland, at whose house the prisoner lias been arrested. She stated that she was arrested with the accused and taken to the Auckland and Newton police stations. On the way a sergeant in plain clothes told her if she did not tell all she knew about the accused to Detective Miller by the time they reached the Newton lock-up he would lock her up. Judge Edwards: Who was this police sergeant? No police officer has any right to use threats like this. I would like to know who he is. Witness did not know his name. Mr. Tole mentioned that Detective Miller and Constable Bohen were both present, and would probably supply the name. The judge: X this is true the officer must be severely reprimanded. I must see that the public justice is properly administered. Witness: It was the sergeant at the Wellesley-street police station. Mr. Tole: That officer would not have been in plain clothes. Was it Chief-De-tective Marsack?

Witness could not say. Witness continued that after she reached the Newton police station she was told that there was no case against her, and a cab was brought to take her home. She could not remember making a statement there. She remembered Sergeant Hendry writing something, and Detective Miiler handing it to her with the remark, "Now, Mrs. Kirkland, you've got to sign this." She did not'know what it was, but as she thought she had to sign it she did so. She could not say if tbe statement produced was the one. She only signed one paper, and the signature on that produced was obviously her handwriting. She had given no information to the police nor had they asked her any questions before they wrote out the statement. £' T °k- as jt rea " over to you? Witness: No. I don't remember it being read over. The statement was to the effect that on the Saturday night of the alleged burglary she was walking with prisoner's brother when they met the prisoner. She isked him if he was implicated in a certain burglary, and he replied. "You and -.-our mother seem to think so." She asked him if he had anything to do with the •afe which was found on Shelly Beach? Fie said "Yes. I got 16/9 out of it." He xlso said he had told his brother Charley to bring along some coppers of his that night, and that he had a number of articles at his mother's place at the top of Franklin road which he got from a tailor's shop at Newmarket. The next evening, at his request, she went and got the coppers, which were tied up in a handkerchief at his mother's place. These he sanded later in the evening to Detective Miller. Mr. Tole: Now. Mrs. Kirkland, did -ou make that statement to Detective Miller? Witness: I am nearly sure he didn't read it. The Judge: Then what did you suppose you were signing? j Witness: 1 bad no idea what I was ; igning, except that I was to write my i rame. j Mr. Tole here asked that he might i treat the witness as a hostile witness, and out in the statement as evidence. | The Judge replied that her evidence so ' -ar affected only herself, and not the accused.

Mr. Tole proceeded to question the wit- [ aess as to the night of the allesjed burg'ary, and asked, "Were you not walking j with the prisoner's brother that night?" Witness again hesitated. His Honor: There is no doubt she is i hostile witness. She obviously won't tell anything that is not dragged out of her. You may treat her as hostile. Replying to Mr. Tole, witness admitted that she met the prisoner on the Saturlay night in question, and he walked home wjth her. What did you talk about? Merely about the "Shop Hours Act." The Judge (warning the witness that it would be inconvenient to herself if she I lid not tell tbe truth) asked: Did you tell Detective Miller the prisoner's brother Charles was in your company?— No. ■ Did you tell Detective Miller you tried [to get his brother to go home?—-No. Did you tell Detective Miller that "faing home you asked the prisoner if he ' tvas "implicated in the burglaries ?"—No. Did you tell Detective Miller that you then said: Did you have anything to' do with the safe they found at Shelly Beach ?—No. Did you tell Detective Miller that the orisoner then said, "Yes; I got 10/9 worth of coppers out of it?"— No. Did you tell him any conversation you had with the prisoner?— No. Then you say tbe whole of this statement' to which .you signed your nani-i, is false, that yon never made it? —No. I don't remember making it. liis Honor: Read this tbrough, and if there is anything true in it. fell mc which part is true." Take your time. Witness, after reading the foolscap sheet of statement said she did not. inakt* to Detective Miller the statement* made in it except the last one. Mr Tote: The prisoner was staying at your house on tbe .Saturday night, was he not I —Yes. And how long after?— Till he was arrested on Sunday night about 8 o'clock. Mr Tole: You say the last clause of the statement is correct "tbat at 6 p.m. on Sunday, 20th of November, prisoner said to ipe, "I wish I had the coppers here: will you go up for them," and I said "Yes." So I went up to his mother's house in East-street, and his sister Frances handed mc a handkerchief containing coppers, which I gave to Johuson, and I saw him hand them to Detective Miller about 8 p__m." Witness: Yes. When he handed the coppers to Detective Miller, didn't you go in and. say to him, •'Tlie game is up, Joe. You'd better tell where the coppers are, because you know they are stolen?" —No, I never said that, or. anything of the kind. Witness was confronted with her depositions made in the lower court, in which she was reported as swearing tbat she did tell Efm to give the coppers up. His Honor warned her of the punisirmsat provided for perjury, bnt she repeated her denial.

Mr Tole: Don't you remember the prisoner saying, "Oh woman, lovely woman," and then getting up and handing over the coppers to the detective? — No. I never saw him hand over the coppers. He was stopping at your house, was be not? —Yes.' Why?— For company. For whose company—yours? —I decline to answer that. Charles Johnson, a"ooui 17 years old, the prisoner's brother, was then put into The witness-box. and examined by Mr Tole. He said his brother asked him to get a handkerchief containing pennies, which he would find on a, beam over the scullery door at his mother's house. Witness replied that he had no time, as he had to go to work. Frances Johnson, a little girl, sister of the accused, gave evidence of handing tlie handkerchief of coppers to the witness, Mrs Kirkland. To Mr Reed: Her brother had previously had a large number of coppersDetective Miller said when he went to arrest the prisoner, who was in bed. Mrs Kirkland said: '"Come on, Joe. Give up the coppers. You're caught now." Prisoner retorted: "What are you talking about? I've got no coppers." She said, "Yes, you have; now give them up." Prisoner then got out of bed and gave up the handkerchief of coppers produced—lo/9 worth. The detective said, "These came from Goodwin's," and charged him with stealing them. The prisoner replied, "Never mind" where they came from. You can't swear they're Goodwin's. You can't swear to coppers." Then he asked who told on himThe detective mentioned a name, but the prisoner said, "No, he didn't, for he knew nothing about it. There were only two of us in it." The detective asked who was the other. Prisoner refused to tell, remarking that his pal was a good fellow who would not have split on him, and he would shelter him in return even if he got five years for it. (Proceeding.)