BURGLARY AT PAEROA.

Hauraki Plains Gazette, Volume XXXIV, Issue 4630, 26 November 1923, Page 2

BURGLARY AT PAEROA.

ACCUSED BEFORE THE COURT. COMMITTED FOR TRIAL. . At the Police Court at Paeroa on Friday, before Messrs B. Gwilliam and W. F. North, J’s.P., George Scothern, farmer, Katißati, was charged with breaking amd entering a shop at Paeroa and stealing two tins of Havelock tobacco and four plugs of Dei by tobacco to the value of 8s 6d, the property of the Farmers’ Union Trading Co. He was also charged with wilfully damaging an iron safe, the property of the Trading Company, by the use of explosives ora the same date. Mr E. W. Pprritt appeared for the accused and pleaded not guilty. Senior Sergeant O’Grady outlined the case for the Police.

David Brown, manager of the Paeroa branch of the Farmers’ Union Trading Co., said that he resided in Williams street, about 100 yards frpm the company’s premises. On the evening of November 6 he locked up the premises about 5.40 P.m., when everything was apparently safe. He was awakened by the noi.se of cats about 3 a.m. on November 7, and lay awake for some time, when he heard a report, about 3.25 o’clock, coming from the vicinity of the main street. Some time later he heard a further report, when he got up about 4 a.m. Atrut half an hour later, he went for a stroll, and on arriving at the corner of Williams Street he saw a man standing in front of the door of the hardware entrance. When the man observed witness he moved along the street, carrying the bag (produced) in his hand. There were no other persons in sight. Witness crossed over the street towards, the man and met him about 20 yards from the premises and spoke to him, but received no reply. He spoke again, butstill got no reply, the man passing by and continuing on towards the railway station. Witness then entered .the premises bp the drapery entrance and fbund the place full of smoke. On entering the office he saw that the. safe had been .tampered with; the handle of the safe door was loose and the front damaged. In the hardware department the of the door was broken and the door was ajar. He then went across to Davidson’s and had word sent to the police, who arrived very promptly and made an examination of the premises. On going down to the station- witness found Constable McClinchy talking to the man whom he had seen standing outside the premises. He was quite sure of the identity of the man. Constable McClinchy examined the bag carried by the accused on the Ration in the presence of witness, and found tobacco and a knife, etc., in it. The. tobacco was similar to that missing from, the store, and the value would be about 9s 4d. . He detailed the particulars of the knife (produced), which had been taken- from the bag. The safe was found to be damaged to the extent of about £25. Safety matches and fuse pieces were picked up three or four feet from the damaged safe. Cross-examined by Mr Porritt, witness stated that he saw the person near the premises at about 4.40 1 a.m. About 15 minutes had elapsed between that time and the examination of the bagat the station.. There would be nothing unusual in a working man having that tobacco on his person. It was not possible to have used half a tin of tobacco in the time. The knife was stocked by all the company’s branches. Witness said possibly the man might not have heard him when he spoke if he was a little deaf. Accused had made no objection to the police examining his bag, and had answered the question put to him by Constable McClinchy, who spoke in a normal voice.

John J. McClinchy, grocery manager at the store,' supplied details of the tobacco oh the shelves, and the bolt and Yale lock on the hardware department door, which had been carefully locked the evening prior to the burglary. The next morning the tobacco was found to be missing and the'glass door panel broken. To Mr Porritt witness said that from his examination he could not tell any plug tobacco was missing.

Kenneth Leslie Ashton, grocer, employed by the company, stated that he found two tins of tobacco, similar to that! produced, were missing from the front tier of tins the next morning. He did not know what plug tobacco was’ missing but that produced was discoloured similar to what was at the store. The hardware department door could not be opened from the outside without breaking the door.

Cross-examined by Mr Porritt, witness said that all the tins he had put on the shelf were full and sealed up. Tobacco would become .discoloured if stored in a damp place for any time.

Wong Hong, fruiterer, Paeroa, said that his shop was next door to the Farmers’ Union Trading Company’s store, and that there was a section between his shop and the company’s premises with a gate on the main street. He stored his boxes on the section. The iron bai found on the section by the police did not belong to him, and he had not seen iti before. He heard no explosion, or anydne entering the vacant section. Leonard C. Cane, railway guard, said that he resided in Corbett Street, at the rear of the stores, and remembered hearing the explosions. Albert Edward Say, butcher, Paeroa, remembered seeing the accused before 5 p.m.on November 6 in Belmont .Rpad. He had known accused for a considerable time, and had worked with him in Waihi some years ag'.'. When he .saw accused that afternoon he was parrying a bag similar ,to the one produced. Cross-examined by Mr Porritt witness said he was sure of the time when he sa,w accused because he had not closed his shop, which he did at 5 nm. Accused was proceeding up Belmont Road towards Normanby Road. Accused was fairly well known in Waihi, and had a reputation as a hard-working man, and quite respectable.

James Couper, agent for the Auckland “Star,” residing in Waihi Road,

Paeroa, stated that he was out early ora the morning' of the 7th inst. to arrange for the delivery of the papers, but he did not notice any strangers. He drove out towards Waihi, stopping to <leliver papers; en. route, and never left the main road. A stop was made at Waikino, but he did not meet anyone on the road.

To Mr Porritt witness said that if a man had been resting near the road possible he would not have seen him as he drove along.

Thomas Morris Bruce, baker, employed by T. H. Hale, Paeroa, said that on the morning of the burglary he went to work as usual, passing the Farmers’ Union Trading Company’s premises at about 315 o’clock. At that .time it was too dark to see any distance. On passing the premises he heard a noise like an explosion, but did not investigate because he thought the noise might have come from Farrar and Parkes’ bakehouse. After walking on a few yards he heard a person walking in a shuffling way near the Chinariian’s fruit shop, and he appeared'to halt at the hardware entrance .to the Trading Company. Owing to the loud noise the person was making he did not suspect a burglar, and resumed his walk to the bakehouse in Hughendon Street. Accompanied by Mr Hale witness went back to the premises and found the glass in the door broken, but no trace of any person. About a quarter of an hour elapsed between toe.time he passed the premises and returned again with Mr Hale. Cross-examined by Mr "Porritt witness said that dawn was breaking when he returned with Mr Hale. The second report was heard about 4 a.m‘., but he did not investigate further. It was then daylight.

James McClinchy, police constable, Paeroa, said that in consequence of a complaint he went to toe Farmers’ Union Trading Co.’s premises at 4.45 o’clock on the morning in question and met Mr Brown, the company’s manager, and they entered the store together. In the office he .found .that an attempt had been made to blow one of the safes open. On the floor of the office he found a kapok mattress and two pillows near the safe, and a third pillow on the office counter. The place smelt of powder, and smoke was hanging round. Witness said that he locked the office up and went down Belmont Road anfl met accused near the railway station and spoke to him, asking where he came from. Accused replied that he came from Kalikata, and had come to Paeroa the night before an the late train: He denied standing outside the company's store. At witness’ request accused produced a handbag, which was under a seat on the station. The bag contained two tins; and four plugs ol tobacco, three keys, two boxes of safety matches, two race-books, and a Knife similar to the one produced. Accused said he had fojund the knife in a doorway in Auckland, but did no': reply when questioned as to where he obtained the tobacco. Witness then charged accused with theft and took him to the police station. Accused told witness that he had arrived the night before by the late train from Auckland'. He set out to walk to Waihi at 10 p.m., but when near Karangahake.he changed his mind and returned to Paeroa, reaching the station about 5 a.m. Witness detailed the finding; of the bar (produced) in "the vacant ’ section adjoining. The bar had -been taken from a waggon in the Ohinemuri County Council’s yard.

Crass examined' by Mr Porritt witness said that the burglary was reported to him about 4.45 a.m. It depended ori circumstances how long a man who had blown up a safe would remain on the scene. When he spoke to accused he was looking into Mahony's window. Mr Porritt objected to tbe knife alleged to have been found in accused’s bag not being produced, instead of a similar one. ' The police said that the knife had been marked and sent to Waihi; and. It had been forgotten to bring it into court. All possible inquiries had been made to verify..the statements at to time of arrival of accused in Pae10a, and they were found to be incorrect. Thomas O’Grady, police sergeant, .Waihi, said that on the afternoon of November 7 he took the fingerprints of the accused at the Paeroa police station, and the form produced contained the fingerprints, which were later forwarded to Wellington. John Joseph Gallagher, assistant in the Criminal Investigations branch, Wellington, stated that he had received by registered post slome pieces of glass (produced), which he had examined. and found impressions of three fingers, one of which was distinct, one sriitdged, and the tihrd more or less smudged and showing little detail. They were compared with the distinct impression made by accused on the form at Paeroa. The fingerprints were found to be identical with the right little finger of accused’s on the form. Enlarged photographs produced, and showed 12 points of similarity, and witness wa,s quitesatisfied that they.were identical anjl made by one arid the same person. To Mr Porritt witness said that it was not necessary to have more than one fingerprint for identification purposes. There were 241,146,625 chances to one against 12 points of similarity of any other person being found, and five points were considered sufficient to establish identity. ADDRESS FOR THE DEFENCE. Mr Porritt. in opening for the defence, stated that accused had a meritorious war service record, and had obtained a repatriation loan for his farm. He was well known and respected in the district, and was recognised as a hard worker rind good citizen. Mr Porritt submitted that it was, impossible for a half tin of tobacco, alleged to have been stolen, to have been smoked in the time between when the burglary was committed and his arrest. The fact that the knife had not been produced by the police was strange, in view of the importance attached by them to that piece of evidence. The evidence regarding the stocks of tobacco in bhe Farmers’ Union Trading Co.’s store prior to -the burglary was very weak. The suggestion that a man who had

dynamited a safe would hang round j the town, and give every to the police as Scothem bad doncyre was not; to be' thought of, said Mt 1 Porritt. No guilty man would do but would leave the scene as quickly g as possible. _ A statement signed by the accused : was read, in which he stated that he left Waihi on the Friday by the afternoon train to Paeroa and then went by steamer to Auckland on Saturday morning. He called to see the Com- • missioner of Crown Lands on Saturday morning but was unable to'do| so , and went to the races. On Monday mo: ning he saw the Commissioner be- i tween 10 and 11 o’clock* and again wont to the races. He left "Auckland on Tuesday by the afternoon train to Hamilton, and on -to Paeroa by the evening train. As the evening train. to Waihi left before the late train from Hamilton, arrived at Paeroa he set out to walk to Waihi, but when, he reached Karangahake he saw that he could-save nothing by walking and returned to Paeroa, arriving, at the railway station at 4>.55 a.m. -He passed a motor-car going to Waihrtl with two men in it. Going down the main street to the Paeroa railway station he passed three men al different points, but did not know them. He was a little hard of hearing, and did" not hear any of them speak to him. He came off the st aticn and Was looking at post-cards in a shop window when Constable McClinchy came' up and charged him, telling him he was seen coming out of the, 'Farmers’ Union Trading Company’s premises. The door keys found in his possession were bought in Auckland. He had been about the district for over twenty-two years, and owned property at Katikati, and was well known there. He used gelignite and fuse and caps for his work, and Constable O’Neill, of Katikati went to his house and took away some . gelignite. There was about half a box of dynamite caps, but the constable did not take any of them, and - there was no fuse there to take. The men employed by him found their own explosives. He gaye his fingerprints willing to the police, as he knew that he had nothing to ’ fear. His partial deafness was due to war service. - Thomas David Tierney, farmer, Waihi, said that he had known accused for over 20 years, and for two and a half years he had worked for witness, who had never had a more honest or straightforward man. From his knowledge of accused he thought it was very unlikely that he would commit the offence complained of. There was no motive, aa by his own industry accused had a ccmfbrtlable living, and was well thought of in Katikati. ■ Alexander Eklund,, fishmonger, Paeroa, also testified to the good charactei- of accused, and said that ne had known him for the last 14 years, . and had always found him of good character, a steady worker, and honest in all his dealings. : .... The Bench said that in.view of the 1 * evidence produced by the fingerprint expert accused would be for trial, to appear at the February session of the Supreme Court in Auckland. Bail was allowed in £6OO, himself £2OO and two sureties of £2OO each.