NO CASE.

Press, Volume LXIII, Issue 18893, 7 January 1927, Page 11

NO CASE.

ALLEGED BURGLARY

ACCUSED DISCHARGED BY BENCH. j ITHB TRESS Special Service.) AUCKLAND, January 6. After being chased along Parnell roacl during the height of a thunderstorm about 2.30 o'clock on the morning of December 'IGlh, and being caught by Constable S. Collins, William Hoggard (6!M appeared before Messrs A. J. Stratford and Donaldson, J.P.'s, ,u ihe Police Court this morning, when ho was accused of breaking and entering the shop of lienrv Huston, tobacconist, Parnell road, and stealing a razor, three pipes, a tobacco pouch, and a cigarctto case of a total value of £3 6s bd. Henry Huston said he resided above his shop. About 2.'M a.m. on December J6th ho was awakened by hearing a noise resembling tho crashing of glass. Ho got out of bed and found that the plate-glass window of his shop below had been broken. Shortly afterwards Constable Collins brought accused to the shop just in front of the broken window. Constable Collins said he was walking along Parnell road about '2. 30 a.m.-when ho observed a man walking rapidly in front of him. On passing Huston's shop witness noticed that tho window was broken. He then gave chase, and the man in front also commenced to run. When nearing him witness saw Hoggard throw away something. Hoggard ran into a side street and witness caught him and brought him back to Huston's shop, where accused denied all knowledge of the broken window. I*ater, in company with Ruston, witness found a cigarette ease in tho front garden of a boardinghouse, outside of which Hoggard had been seen to throw something away. In the side-street, where Hoggard was caught, was fouind a tobacco pouch, and other property was found in another portion of tho street. No stolon goods were found upon accused. Some thirty or forty minutes previous to accused's arrest witness said he spoke to him underneath a verandah, when he asked him what he was doing. At. this stage Mr Stratford said the verdict of the Bench was there was no proof that accused stole tho goods, therefore the charge would be dismissed.

Senior-Sergeant Echvards: Are your Worships dismissing the charge before defence has been heard?

Mr Donaldson (the other Justice of the Peace): The Bench feel that tho evidence tendered is insufficient to send the accused for trial and put the country to the expense of a trial at the Supreme Court. The evidence given might just as well be tendered against any other person. We feel that no case has been made out against accused.

Edwards: If I miaht respectfully point out to your Worships the constable paw accused throw something away as he ran off. Hocgard then, in n statement from the dock, maintained that a prima facie case had nnt linen mad" out, and that he should 'e discharged. .Wiiserl was then 'discharged bv the Bench.