SUPREME COURT.

Dominion, Volume 4, Issue 975, 16 November 1910, Page 5

SUPREME COURT.

V A CACHE BY THE ROADSIDE. ■\ . POLICE TRACKERS. A somewhat unusual exhibit was car- • , fried into the Supreme Court, yesterday .'. in,the shape of a safe bearing outside visible indications that at some time • it had been subjected to rather rough usage. The .business before the. Court' was a case in. which ;John Earrishaw,' Henry Robert Hunt, and Leslie Ellis were V. charged with ; committing burglary at Levin on August 21. . The Chief Justice, Sir Robort Stout, ' was on the ; bench. . Mr.' IV Neave prosecuted for ihe Crown, and Mr. H. p. O'Leary .appeared for all three 1 accused! In detailing .the case for the Crown, ■, Mr. Neave stated that, on the evening of. Saturday, October 20, John Berry- ; man, licensee of the Levin Hotel, locked ■up his , premises for . the night at \lO , o'clock,' and went to bed about, two : ' lours- later. In.an.office on the pre- ;' -mises stood a safe in which money and ■ articles of jewellery wero deposited, arid, ■when Mr.' Berryman locked up, the. safe , contained jC6O 135.; 3d. in money, a number of cheques and various articles of: jewellery. At about two' o'clock on . Sunday morning,-. Mr. Berryman was awakened, and found that , the street , idoor of the hotel ,was open, as were . tthe .■ door, and window -of . the office. The 6afe was gone. .. 'It was found later on a . vacant section about . 400 yards . . from thei hotel.. 'It was then in its . present state, and appeared to have been blown open. In its near neighbourhood were found ; all save one of ' the .missing cheques ( two sovereigns, ; . nnd' a quantity of jewellery. On the morning of the robbery two constables Bet out from Levin for Koputaroa, and the prisoner Ellis was interviewed at a wharo adjacent to a flaxmill, owned by a Mr. Porter. Ellis admitted that . he ' bad taken .a roan' to a boardinghouse at Levin that morning at 2.20 o'clock. Leaving Ellis, and going further -along .the road, the constables jnet Earnsbaw and Hunt coming towards them. On seeing; the police the ~ / mien - stopped, aud I'arnshav.*, was seen, . 'to' stoop down behind his companion. , . ■ Searched, ■by the ■ police ii'o was found • to' have £13 'in his possession. He stated .'that half, of' this belonged to , Hunt and the latter made no reply. Evidence called would show, Mr. Neave stated, -that when; Earnshaw and.Hunt left Porter's mill on Saturday morning they had ho money. Before they were ■ taken back to Levin a search was made at* tho spot on tho road where Earn- . . : shaw had been ' seen to stoop behind ; bis companion, and there the police discovered a bar-towel containing £9 in ' notes, .£l2 in gold, £22 12s.' Bd. in change. and also a gold watch', inscribed with. Mrs. Berryman's name." It was .■ significant, Mr. Neave.continued, that the amount stolen in the safe was £60 13s. 3d., while the amount recovered 1 on tho roadside and- in - the possession of the men totalled £60 12s. 6d. - 'Evidence for the Crown was given by . ' John Berryman, licensee-of the Levin Hotel, and Constable 'Bagrio. At a quarter to six o'clock the. Court bdjourned until 10 a.m. to-day., ; . A MASTERTON CRIME. , CHILDREN'S SURROUNDINGS. ■ Two cases-in,.which certain rather serious. offences were alleged occupied his "Honour :the Chief Justice during the freater part of yesterday. In each case is Honour ordered tho' court to be -cleared and forbade-publication of the . evidence; . John "Wm. Taylor - was''.accused',..ion ithree. counts of; si serious offence ' at Masterton on September 17. last. Evi- , ,dence, having been taken,, tfye jury,. . . '>fter retiring : fo'r:.about ..two : 'hours,' ' found Taylor- guilty of attempting carnal knowledge. His Honoiii- ' deferred passing sentence until', Saturday ■ '/next- ■';./■ •The jury added to their finding a recommendation that two children 'who had figured ,in the case should be re- - moved to :better surroundings. : In this . opinion; his, Honour concurred. The ' Orown Prosecutor stated, however, that the children-had already been sent to a receiving home. RELEASED. PRO TEM./ LAW POINTS TO BE . SETTLED; : Against Ernest Edwin Thompson a icharge was laid of attempting, at Pal--merston North on October 15, to proxure a noxious , drug, with illegal in-' •!tent. i : - .v : ■ ■ Evidence Saving been heard, his Hon- ' , ; our stated that the only question to be dccided was.one of law as to whether or no Thompson had been guilty of any .. offence. _ The facts .as adduced by. the ... i prosecution were admitted.' ,' Birecte'd by his Honour, the jury returned a verdict of guilty. The Chief •Justice stated that he would refer the ' question of' law'to .the Appeal' Court. '.-Meantime.'the prisoner would be released upon his own , recognisance •to appear when called upon.