SUPREME COURT.

Dominion, Volume 2, Issue 594, 24 August 1909, Page 9

SUPREME COURT.

THE CRIMINAL;SESSIONS.

; : -o'S; '■;.': / : ;-APETONE CASE.; . ; ■/ '..■<., .<:; The, first 'tb conic before his Honour -;Mr.;,Justico Chapman yesterday morning ■waV4he outbreaking and entering a tobac;'ooMs;t's shop at .Petone. ' John" Tancicd, a -buteher,,,was charged, with breaking and entering tho premises of Louis Trumarin with intent to' commit a crime.' -;....-_ ' . -iif/Miers conducted, the prosecution, arid Mr.-.: Wilford'' appeared 'for the accused, who pleaded riot guilty*.,.,.; ~', ......,',. ' .. ■ .Mr. Myers said that the"evidence would disclose -an nmpudent. attempt, to rob a shop .by/daylight;.- -.' .- '-. ■ , T .-: - .'•Louis Trumann, tobacconist,, of Jackson Street, Peteno; stated that it .was T his prac-tico'-'tb come '.into '■■Wellington, on Wednesday pftorrioons for the purposo of buying stoclv ■Orithe afternoon of' May 19.h0 was looking to -the dopr3 and windows, and ho saw accused and. ahbthof man with a crooked nose looking in through the back window. Witness- told, them: to go/round to. the sido door. ' They did so, and ho sold accused a packet ot cigarettes'. - He camo' in to; Wellington • and-re-tufned'to.Petono at 3.30:"• The. back window'of his'premises was open,;the lock of a door-inside had been broken, and the bed- '. robin' showed-sighs 'of'having;: ■ been ransacked. ■'..•-. '.''';..:' •■ ;" '',', . To,Mr.;Wilfbrd: He had reported; robberies'to .the police on three occasions in the past'vtwo years. It was not his business U. thef'polico refused to .investigate. Ins complaints. ;■ ■:-"" •'.■': ',-■'■ ■'■ •';.■'.• ■■ '■ . ■ '■ Jbsse Stuart Griffiths, master plumber, of ■'Pe'tSne'," deposed that .on the; afternoon ;in Question he S3W accused and another man, •whom he-did not know by name, at tho roar of ,Trumann'spremises.- ; ' Accused -waa using ■a'tomahawk on.the catch of the door, the ; two -.men entered, and' when ■ they' canio out' they, vaulted over, the fence. .•;-... .;..•../■. ; : The evidence given By. Detective Oasseijs, ' inithe' Magistrate's 'Court was read at this j .'Bia'ge.';. :'■■:.,';;.•:■•--.;■ : ■ ■ ■'■'• "''"'; ■ V,• ; vMr. Wilfbrd -intimated that -the evidence for. the defence ..would. show accused's • movements, that '.■' afternoon. -It ..was ■ significant that, accused-at five minutes past two -that 1 dayXwired to tho Savings/Bank at .".'Welling-■■ .tbn.'io. draw £15 from. liis 'account.-. ',;. . ; :,- with a' view of; establishing: an alibi was given" by James Green, labourer, of Petoho; Richard Bertram Hodgson,, labourer; Albbrt-M.'Kebwn,butcherj'sna Richard Apps, driver.'-, 1 ';: 1 : .I'.', ; -'':■:';'-''-.!;:' -'.;:-" ■'■' ■'. ; Thb'jury.retired at 4.18 p.m., and returnedat!;B.3s 'p.m., when the .foreman intimated that''they- wore unable, to- 'agree. ; and his. Honour 1 intimated; that,'a, new .trial wmld be ordered.'■■;'";'•;.-■:' ■;:' : -' : '' / -.: '■...■"'■;..■:/ "■'.■■'■■ ''.'■'".

I' THE KENT TERRACE CASE. Peter Williamson Tait, who was charged with assaulting David M'Coll and Maltha Monday, with intent to cause actual bodily harm, Was brought up foi trial again yesterday afternoon Tho jury who heard tho case on Thursday last failed to agree. Mr. Herdman appeared for tho accused , Tho facts as stated at tho previous hearing weie'again set forth by Mr. Myers. The assault, ho said, was the outcome of a difference between two boaiders residing at tho house of Miss Monday, in Kent Terrace. M'Coll, who was a driver, had come homo on tho evening of May 28, and an argument ensued with accused, who was stated to bo drunk. The reason given for tho altercation v. as that M'Coll had not delivorcd a note at the Government Insurance Office, where accused was employed. A fight took phce, m wlnclK accused used a pocketkrufe and inflicted wounds both on M'Coll and on Miss Monday. The defence was that accused was , perfectly sober, but as he was attacked by a more powerful man he used the knifo m 6elf-defence. Evidenco for the prosecution was being hoard whon the Court adjourned.'"