SUPREME COURT

Hokitika Guardian, 8 March 1930, Page 5

SUPREME COURT

FRIDAY, MARCH 7th.

AFTERNOON SITTING

The Court resumed at 2.15 p.m

A FURTHER CHARGE

Edney H alcom.be Heenan was charged with breaking, entering and theft of one jewel ease and contents valued at. £149, the property of Arthur Yaria 11. Mr Joyce appeared for accused who pleaded not guilty. Mr Park appeared for the Crown. The following jury were empanelled:—Frank Collyer, Edward Keogan, Oswald J. Fowler, Francis Chesterman, Herbert W. Boyce, William W. Holley, Robert J. Stewart, Richard Charles Wells, Benno Thiem, Archibald Bradley jr., Norman G. Wilson, John Holley. Mr H. W. Boyce was chosen Foreman. Mr Park ordered to stand by:— Robert J. Bradley, George Shaw, James A. Cooper, Ernest R. P. Ferguson, Henry J. Kearns. Mr Joyce challenged:—Arthur E. Benjamin, William Houston, William W. Goodfellow, Robert 0. Renton. Mr Park opened the case for the Crown and led evidence as follows: Jeanne Yarrall gave evidence that she resided in Stafford Street, She was absent from home on September 2, 1928, and following day, from 3 to 5 p.m. On the Sunday she went to bed sick and remained for ten days. On the Wednesday got up and left the house on Thursday for a while. On her return went to a duchess to get some money from a jewel case. 'lt was not there. The jewel case had boon locked. It was about 9x4x5 to 6 inches. It contained all her jewellery, brooches, rings, etc., as read in the indictment. There were eight £1 notes and some silver. Have not recovered any of the contents.

To Mr Joyce: The key was in another box in the same drawer. There were no indications of (breaking or entering. The accused had never been in the house.

Arthur William Yarrall sworn said he was a merchant and resided in Stafford Street. He valued the jewel box and contents at £149. Gave no one leave to enter liis house. Henry Charles Murch, sworn said he was ft detective stationed at Greymouth. On 17th December last from information received visited the home of accused at his home, a shop in Re veil Street. Interviewed accused in an upstairs room, in reference to the breaking and entering of Yarrall’s house. Asked him if he was the hoy who had got at Yarrall’s house about two years ago and stolen jewellery. Accused' said he did. Asked him what lie did with the jewellery and lie said he bad thrown it into the river. At this stage a relative of accused came to the top of the stairs. As a result of what he told accused, asked accused to come to the police station, and he said lie would. Con-, stable Drummond was present all the time. At the station typed out what accused told him in the form of a statement, which he said .was tine and subsequently signed.

The statement stated that he was the person responsibly for the theft of the jewel box from Yarrall’s. He got in by a window and got the box from a duchess or wardrobe. He took the box under his coat to the wharf and went under the wharf to open it. Could not do so and then threw the box into the river.

The whole of the statement as to how he got into the building, the size of the jewel case and what he did with it, was his own statement. He took Constable Drummond and witness to a spot on the wharf almost opposite Mclntosh’s hotel and indicated that as the place where he threw the jewel box into the river. There was a broken portion of the wharf and he indicated that as where he had taken the jewel box to try and open it. Said ho had thrown the box about ten yards out. Accused gave the information quite freely.

Air Joyce proceeded to cross-exam-ine as to the contents of the statement and a s to how it was obtained, His Honor intervening on one occasion to protect the witness from unfair questioning. Robert C. Drummond sworn stated he was a police constable at Kanieri. On 17th December last with Detective Murch, interviewed accused at his mother’s business place. When asked if he was the young fellow implicated in Yarrall’s robbery, accused hung his head for a little while and then admitted he was. He was telling them how lie entered the premises when there was an interruption and Detective Murch went out. When he returned Detective Murch asked accused if he were prepared to make a statement of how he entered the premises and disposed of the goods and he said he was. He was asked to go down to the police station ahead of witness and did so, and there made the statement produced by the previous witness. He corroborated the

evidence of Detective Afurch. To Air Joyce.—While at the station the brother of accused came and asked to be present at the interview, and witness refused to allow him to be present. To Mr Park—Accused bad asked then not to tell bis mother anything about it.

Charles John King, sworn, said he was Sergeant .in charge at Hokitika. On 10th January last saw accused at the police station. Told him he had seen the statement made to the detectin', in which he said lie had stolen Yarrall’s jewellery and thrown it over the wharf. Asked if he expected them to believe that and accused said it was true. Witness said, do you expect me to believe you wont into the house,

steal the box, carry it away dump it overboard without loollM it. He said it was true. Hl H3|| how he got in and accused in through the hostel and gate, and got into the house a hack window, that he was tes in the house, and came ouH same way as he went in. no one about. He said he box in the river near the coal He tried to open the box hut He then came up on the deck wharf saw’ no one, and-threw the deep water about 20 feet. never been near the spot since. dead low w-ater a few day’s accompanied by Constable D he searched and raked the r.ver .H the spot, and found no trace. counted for that owing to the the past two years. Patrick Daniel Dougherty, said he was a police constable at tilca. He searched the Hokitika with Sergt. King. To Mr Joyce.—He thought it 'vMI be very doubtfufl that they would B§|| the jewel case. . This w’as the case ffor the Crown^^H Mr Park addressed the Jury. case rests mainly on the made by the accused. Mr Joyce submitted the case for Crown was as full of holes as a er. They had the evidence of King who asked accused if he ed him to believe that he threw box overboard. The Sergt. did not lieve the story told, • and could Jury do otherwise than disbelieve There was no proof a crime had committed, or that if there had one, that the accused was the guiH person. H His Honour said they had heard H good deal of the statements taken ■ Detective Murch and.' Sergt. King. was the duty of the- police force ■ take statements from accused personH So long as a police officer confines self to fair methods, he is justified H obtaining all the information possiblß The story told by the accused is a coB structive story, told to Detectnß Murch by the accused, the particulaiß off, which the Detective did not knovß There was no justification for consideß ing that Detective Murch’s evidencß was not correct. There was no otheß evidence or contradiction than was ifl these statements. If they believe® them there was no other inferencel They had to consider whether the acl cased was guilty or otherwise. Then! was no evidence of breaking and enter! ing. If they accepted the statement! made hv the police and believed thenl then they should find- accused guiltvl Tf on the other hand they did not be-l lieve that evidence, ~or had reason-l hie doubt then accused' was entitled to a verdict of acquittal. The Jury retired at';, 4.15 p.m. and returned at 5.55 p.m. with a verdict of “not guilty.” The accused was then discharged. The Court adjourned at 6 p.m. till 10 a.m...next day.

SATURDAY, MARCH Bth. . .V** His Honor took his seat at 10 a.m. IN BANKRUPTCY. Motion for order for Annie Allen Orr, wife of Frank A., R. S. Orr, a bankrupt, to deliver the furniture in the house of the said F. S. R. S. Orr, to the Official Assignee. Air Murdoch appeared for the Deputy Official Assignee (Mr C. W. Carver) and Air W. Joyce for Airs Orr. After hearing evidence His Horn"refused the application. Costs £lO PL and disbursements being allowed Airs Orr.