CHARGE FAILS

Hokitika Guardian, 7 January 1927, Page 1

CHARGE FAILS

Op breaking and entering. L BY 'tEJ.KGHAI’If- —Pint CHESS ASSOCIATION.' AUCKLAND, Jan. 0. Alter having been chased along Parnell Road during the height of the thunderstorm about 2.30 o’clock oil tiie morning of December 2Gth, and being caught by Constable S. Collins, Will liam Hoggard (59) appeared before -Messrs A. J. Stratford and Doua’alsun, Justices of the Peace, at the Police Court this morning, when he was accused ot breaking and entering the shop ot Henry Ruston, tobacconist, Parnell Ro.ul, and stealing a razor, three pipes, a tobacco pouch, and a cigarette case, to the total value of k 113 (Is 6d. Henry Ruston said lie resided above his shop. About 2.30 a.m. on December 20th lie was awakened hv hearing a noise resembling the crashing of glass. He 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 on the footpath, witness found u show card and razor.

In answer to a question by Hoggard that at the Parnell Police Station he had claimed a box of cigars and a small comb as his property, witness replied tliht this was correct. The box of cigars and comb did not belong to witness. Hoggard had stated that he knew nothing whatever about the stolen property. Constable Collins said he was walking along Parnell Road about 2.30 a.m. when he observed a man walking rapidly in front of him. On passing Ruston's shop witness noticed that the window was broken. He then gave chase to the man in front who 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 Ruston’s shop, where the accused denied all knowledge of the broken window. Later, in company with Ruston, witness found the cigarette case in the front garden of the boardinghouse outside of which

Hoggard had been seen to throw something away. In the side street, where Hoggard was caught, was found a tobacco pouch. Other property was found in another portion of the street. No stolen goods were found upon the accused. Some thirty or forty minutes previous to the accused's arrest witness said ho spoke to Him underneath a verandah when lie asked him what he was doing. At this stage Afr Stratford said the verdict of the Bench was that there was no proof that the accused stole the goods, therefore the charge would bo dismissed. Senior-Sergeant Edwards: “Are your Worships dismissing the charge I*>fore the defence has been heard?” Air Donaldson: “The Bench feel that the 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. AVe feel that no ease lias been made out against him.” Senior Sergeant Edwards: “If I might respectfully point out your Worships, the constable saw the accused throw something away as he ran off.” Hoggard then, in a statement from the dock, maintained that a prim a facie case had not been made out and • that he should be discharged. The accused was then discharged by the Bench.