A PALMERSTON CASE

Evening Star, Issue 19785, 8 February 1928, Page 6

A PALMERSTON CASE

CHARGES OF BREAKING AND ENTERING John M‘Kean appeared in the Supreme Court to-day ou charges of breaking and entering a shop at Palmerston and stealing goods therefrom. Mr C J. L. White appeared for the accused, who pleaded not guilty. The charges against accused were:— (1) Breaking and entering the shop of James Moodie at Palmerston on January 7 and stealing shirts, sox, underpants, and ties to the value of £l3 6s 6d; (2) breaking and entering the shop with intent to commit a crime. The Crown Prosecutor (Mr F, B. Adams) said the two charges related to the one occurrence, and the Crown invited the jury 'to convict on one or the other, but not on both. Two men were concerned in the theft. A man named Hanning had pleaded guilty. Learned counsel pointed out that it was not necessary to show who actually committed the offence; if both ot the men had a common design then they could be held equally guilty, it was understood that part of the defence would be drunkenness, but drunkenness could not be considered as a defence unless it could be shown a man was so drunk that he was incapable of forming an intent to commit a crime. Learned counsel read an unsigned statement in which the accused said be drove his car to Palmerston and back, and pointed out that if accused wore capable of driving a car he would bo capable of forming an intent. A statement by Hanning stated that M'lvcan went into the shop with him and was with him the whole time Alexander Young Morrison, tailor, said that ou June 6 he left Mr Hoodie’s shop at 9 p.m., after locking the doors. The windows were all snibbed. The window by which entry was gained was fastened with a 4in nail. On the way to the shop next morning ho found a pair of sox, and on arrival found on the counter a number of boxes which were not there whpn ho left the previous night. William Patrick Quinn, electric linesman, said that- another man and he were standing near the shop early on the morning of January 6, when a window of the shop was heard to go up. They watched the place and then witness saw a man lying on tho ground about 40ft away from the window. .It was M'Kcan, and when witness asked him what lie was doing, ho replied.; "Where am IP ” Witness went to the front of the shop, when M'Kean staggered round and asked where his car was. Outside the window was a brief bag. To Mr White: They heard noises and went to the shop to sec what was happening. M'Kean looked as if ho bad boem.drinking when witness turned him over on tho ground. Evidence was given by John Johnston, who was in company with the previous witness

Eleanor S. Moodie, -employed by her father as a dork, detailed tho articles which were found to be missing, and Constable Maggin described the condition of the shop when bo was called.

Detective Roycroft said he obtained a statement from Hanning and read it to accused, who said bo didn’t remember anything about the occurrence, but it "must have been right, because be was with Hanning.” This closed the case for the Crown, and the court adjourned till the afternoon.