Wellington Supreme Court

Feilding Star, Volume XI, Issue 9, 6 July 1889, Page 3

Wellington Supreme Court

"Wednesday, July 3rd. {Before His Honor Mr Justice Richmond.) Breaking and entering. Herbert Alleudale, alias Williams, alias Morrision, was indicated upon two charges of having broken iuto and entered the Feilding Post Office on the 29th April last and stolen therefrom three post letters and an iron safe. Mr H.. D. Bell conducted the case for the Crown, £t>d Mr A. S. v er def enit'L the prisoner, who pleaded * not guilty to both chft^a*.---x Th°> oasa for the prosecution was to V 3ae effect that on the night of the 29th April the Feilding Post Office, was "broken into, and the safe, which contained stamps to the value of £103, several cheques, three registered letters and about £27 cash, was taking away. Next morning the safe was found down the railway line smashed open. A frame saw was found m the office, and it appeared that the prisoner, who had been working at an hotel in Feilding under the name of George Morrison, had procured a new frame saw from Messrs Duthie and Co. Near the broken safe a crowbar and a screwdriver were found. Both these articles had' belonged to Mrs Oliver, of the Empire Hotel, Feildiug, in whose employ the prisoner had been and they were missed on the 18th April, thb date the prisoner left the hotel The prisoner when he left Feilding went to the Foxton races, and on the morning of the 29th he left Foxton for Palmerston. About 5.30 that evening he was seen by a boy named Corkery, aboutxu.ee miles from Feilding, going in the direction ' of that place. Early next morning he was again seen by the boy and his mother making his way toward ralmerston. His clothes were covered with mud, and he had a piece of iron, pointed at one cad, and a parcel, which it was suggested contained the «tolen stamps, Mrs Curfcery, who was driving, gave the prisoner " a lift as Vfar as Terrace End, about a mile from Palmerston, where he got oft. In the safe a dark lantern was found, knd it was known that the prisoner lW such an article in his possession. AnTongst the articles taken from the «afe\was a cheque drawn by Mr Loui^ Holden in favour of the Government Life Insurance Department, and thl boy Corkery saw a cheque in the accused's hand, and a companion of prisoner's, who accompanied him to Wellington, saw a cheque in his hand, which Allendale admitted having stolen. He (accused) said that if he had got into town earlier he would Lave been able to get rid of it, and shortly after he destroyed the cheque. When he was arrested the sum of £15 was found in his possession, but the stamps had not been recovered. Twenty-five witnesses were examined on behalf of the Crown, and at the conclusion nf the evidence Mr Baker submitted that not a single fact had been elicited to which could _^connect the prisoner with the crime, __ His Honour thought Jt wag a very strong case of circumstantial evident. There was no doubt about that, and the ease must go to the jury. No evidence was called for the defence. Council having addressed the jury, his-Honour s£2aed up , and the jury retired to consider their verdict at 7.55 p.m. They returned at 8.45 with a verdict of guilty. The prisoner withdrew his plea of not guilty to the indictment charging him with breaking and entering the Post office. The prisoner. admitted that he had been previously: convicted at Wellington on a charge of burglary. Mr Bell referred his Honor to the prisoner's antecedents. His Honour said that the prisoner after receiving a sentence of four years for burglary had escaped from custody, and got an additional two years, but that his Excellency the Governor allowed him to be discharged after serving up te the end of last March. The prisoner said that was so, and went on to say that his Honor in addressing the jury Jiad dwelt upon the fact that h& (tfCciised) was not able to """""produce to his frame saw and lantern. His Honor said they would have been very good witnesses for him if he could have shown where they were. The prisoner asked, if he could produce the saw and lantern, would there be room for another trial. His Honor said there would be no room for another trial, but the matter could be looked into. For his own part he had no doubt that the prisoner was guilty. His Honor : Have you anything to say why I should not proceed to pass judgment upon you? Prisoner : No, I have nothing to aay, but if information should come to your knowledge that I am not the prepetrator of this crime, will you cause this case to be re-opened in justice to me. ~~~~~\T ~ goner -saia the case could not *^be re-opened, but the Crown could always remit the punishment if the accused could produce evide#e of his innocence. . The prisoner said that by producing fhe saw and lantern he would implicate others in the matter. His Honor said it would be easy enough to produce a saw and lantern, but the question would be were they the same as the accused had in his possession: # In sentencing the prisoner, his Honor said. The charge was a serious one, and it exposed the accused to a sentence of penal servitude for life. It was necessary that he should pass a heavy sentence .on the prisoner, who within two months of being discharged jrison by the leniency of the live, had committed the crime aich he stood convicted. He onor) was exceedingly sorry to Landy young .fellow taking such 36 in life. The accused had set t against society, but society I strong for him. The sentence ■part was that he be kept in ■Litude for a period ten years.