ALLEGED BURGLARY.

Stratford Evening Post, Volume XXXV, Issue 62, 15 March 1913, Page 8

ALLEGED BURGLARY.

INTERESTING EVIDENCE BY TUI

POLICE

WHOSE FOOTPRINTS ; J

The case against Alan Brown and Charles Pearce, alleged burglary, was continued vest onlay afternoon, when Samuel Pivac continued his evidence. He said his backyard was accessible from a right-of-way between Webster, Dobson and Co.’s premises, and those of Mr R. 1). Lowers. Tho i.ghl-of-way was in very poor condition; it had been dug up recently in order to lay pipes, and there was loose clay about. There were steps, bricks, and a ladder which would obstruct the passage of anybody who passed down it. Ho did not give permission to anyone to go into bis dining-room on Saturday evening, and after ho had shut-up. Before he took over the premises, they were occupied by Mrs FT. Brown. Ho understood that Mrs Brown was tho mother of one of the accused—Alan Brown. The pienrises. were taken over by him on July Ist last year.

Cross-examined by Mr Rutherford witness deposed that ho had no idea of what quantity of cigarettes ho sole! in ono day; ho did not take stock every night. Ho only had a. rougl idea of tho number of cigarettes lof * ia tho box on Saturday evening.' The cigarette cabinet was not locked U] every night. There were only about twenty-eight cigars in stock, an d lit did not count them up every night; they had been there for the last three weeks. Ho was the only one in the shop who sold tho cigars. His wife did not sell them. It was o n Friday last that ho counted them. The till was roughly forty-feet away from where tho hat was picked up. Alterations had been made to the hop since ho took possession; tho shop having been made smaller and tho diningroom larger. A door and a window had also been altered. Ho had not altered in any way tho eloor leading from tho hack passage into the hack dining-room. Besides his wife and l imself, there were two assistants on tho premises—Miss Croot, and Mr Matkleish. Tho former knocked off at nine o’clock and tho latter at about eight. They had no keys on Saturday to got into tho premises cither from the back or from the front. The cook usually had a key, hut ou Saturday night, when ho locked up, he saw the cook’s key on the inside of tho door. Tho door from the back dining-room to tho passage fastened by means of a bolt from the inside. He had made no alterations to the door, and it had tho bolt on when he took possession. To Sergeant McNeely: Ho was sure about tin three cigars being gone, because they were loose, and ho left the three standing up by themselves in tho box.

Joseph Kramen Stone, watchmaker and jeweller, carrying on business in Broadway, Stratford, adjoining the premises of the first witness, deposed that he was sleeping on his own premises on Saturday night last. Karly on Sunday morning ho was awakened by a passing motor car 01 motor bicycle, the time being about twenty minutes to two. He heard (ho clock striking at two, and about ten minutes later he heard footstep: at the back of Pivac’s shop. The steps were inside the building ana approaching from the back to the front. Naturally bo got up, put on hii slippers, and overcoat, took Ins revolver, and opened t;ho front door. He then went to Mr Pivac’s front dom and listened at it, hearing the rattling of the till inside the shop. He knocked at the door with the handle of the revolver. After he knocked, the rattling of the till did not stop; they took no notice of him. He then fired his revolver once, and heard footsteps running towards the back. Witness again listened, and satisfied himself that they had gone out of the building. Going to the right-of-wav leading to the back, ho did not ivy and go down the right-of-way, as it would be impossible for him to do so in the dark, being so obstructed'by alterations. Witness returned to the shop and then back to the right-of-way, again firing his revolver to lot them know be was about. Afterwards, lib went to Mr Pivac’s private house, and wakened him up, Mr Pivnc coming back with the whole family. On going into the shop with Mr Pi vac, he found a straw hat lying in the back dining-room near the door, and alongside the curtain. He picked up the hat, and asked whose it was. They did not know, and he then looked inside the hat and saw the name, “C. Pearce.” Ho banded the bat to Mrs Pivac to take it to the police. The bat (produced) looked like the hat ho picked up. The two back doors were standing open, and one window was open from the bottom. That window was in the back dining-room.

To Mr Rutherford: Ho bad been in Stratford four months, and bad been once before in Mr Pivac’s place to have a game of draughts. He was often aroused by passing motor cars. The revolver be always kept with him, but be kept it just as an ornament. The firing of the two shots did not bring a crowd; Stratford was slumbering at the time.

Mr Rutherford: Aro you of a nervous and excitable disposition? Witness: F do not think that has anything to do with the case. Mr Rutherfurd; You did not imagine that the keys of the till were being rattled? Witness: No; T know the sound of the till well ,as it is one like my own. Mr Rutherfurd; You were not afraid to go down the right-of-way? Witness: No; I was not able to go

down it hi tho dark on account of the obstructions. Fanny Pivac, wife of Samuel 1 ivac, dining-room keeper, Broadway, Stratford, being duly sworn, staled Unit

sho went home on Saturday at about a quarter to twelve. Sho did not see tho hat (produced) lying about on the premises that evening, do the left of the back dining-room door, there was a glass ease, iu which bread and cakes were kept. Tho hat was found close to this, and sho must have noticed it had it been there when she went to tho case for some bread. Early on Sunday morning, sho Billowed her husband to tho shop, and found three doors and a window open. Previously, sho remembered closing dio window, but did not lock it. She know tho two accused, and neither of them was, to her knowledge, in tho .hop on Saturday. On Sunday morning, Mr Stone handed her tho hat (produced), inside it was tho name “H. Pearce,” or “C. Pearce,” hut she was not sure of tho initial. The hat was taken by her to Sergeant McXeely. She never took very much notice of hat, seeing it only for a few minutes, hut was pretty sure that tho hat produced was- tho one sho had handed to her in the first instance.

To Mr Rutherfurd: Witness was in tho shop until it was locked up. Mr Pivac was also there. Sho sold cigars and cigarettes to customers. They kept a few dozen of “Green Three Castles” in stock, but they did not take stock so far as s!ie knew. However, that was Mr Pivac’s business, and he attended to that. Witness considered that notwithstanding tho alterations made, Mr Brown would know his way about the premises as well as an ordinary customer would. Mr Rutherfurd: Has Mr Stone eve> dilated upon tho merits of his revolver ? Witness; Yes; ho said ho would have to get something to protect himself. Ho said he did not like sleep ing there by himself.

Mr Rutherfurd: Did ho mention burglars? Witness: No; ho just said he was frightened of anybody coming ronm there. Mr Rutherfurd : Did you seo a lady’s glove ? Witness: No; I only heard about that. Mr Pivac told mo, I think. There were lots of yarns going round about it. Mr Pivac said there was one found, but I couldn’t say for sure, Thomas Marshall, outfitter, carrying on business in Stratford, was the next witness. The hat (produced) was sold from bis place of business. Ho knew tho accused Pearce, and remembered selling a hat to him on February 11th of this year. It was a hat identical with the one produced.

To Mr Rutherfurd : He knew the date by reference to the day-hook. The firm’s name was on the hat, and there was a number “208” on tho inside. Ho had sold dozens of tho same kind of hat during tho year.

Thomas Wilson, clerk employed ip Mr Joseph McC luggage, laud agent Stratford, stated on oath that lie was a member of the, Stratford Fire Brigade, sleeping at the Fire Brigad, Station, He was; at The Station first on Saturday night at twenty minuteto ten, and returned again to the Sta tion at ten minutes to twelve. There were several outsiders there and among them Pearce and Brown, the accuser men. Ho again left tho Station at about twenty minutes to one on Sunday morning, Sid Bernard and Davie; accompauing him. They went down as far as one of the draper’s shops, in Broadway, and saw tnore the both accused. While they were talking, the accused, Pearce, was riding a motoi bicycle. Ho left the shop to go hoim to the Fire Station at about half-past one on Sunday morning, Bernard ana Davies accompanying him back to tin Fire Brigade Station. Ho left behind in front of tho shop, half a dozen ol the men. Pearce and Brown appoaret to go away together. He did no know where the accused resided. To Mr Rutherfurd: There were fom who went away on motor bicycles. He could not say how many left the Station. There were nine at the drap er’s, some of whom were more or lessintoxicated. They hjid had a fail amount of liquor.

Sidney Bernard, musician, Strut ford, deposed that he know tho accused, and last saw them on Sunday morning in Broadway. Ho could nol say the accused were together, as there were several other fellows there. Pearce, Brown, and McMahon were among those ho left behind, when he returned to the Station with the previous witness. While in Broadway Pearce was riding a motor cycle around. Gordon McMahon, saddler, residing at Stratford Hotel, Stratford, being duly sworn, said ho was with the accused Pearce on Saturday night last. He thought ho first met Pearce that evening at Corrigan's billiard room. That would ho between seven and eight o’clock in tho evening. After that they walked up tho street, and had a drink at the Club Hotel. They then walked about the street for about an hour or so. Finally he went to the Fire Brigade Station with Pearce, and then afterwards walked down Broadway with Pearce. He had no idea what time it was when ho left. He was then on his own.

To Mr Rutherfurd: There ivcn* a large numher in Broadway, and ho noticed eight or nine. lie never passed any of them subsequently, as ho was the first to go. The majority of them were the worse for liquor. He had no liquor with him, but Brown had a. bottle, and he saw him and Pearce drinking, just as he (witness) left to go home. It was a. whisky bottle. Sergeant McXeely then entered the box, and stated as follows: —At three o’clock on Sunday morning, March

9lh, Mrs Pivac called mo up and j handed mo a straw hat, which 1 examined and found tho name “C. Pearce” written therein. Tho hat produced and marked exhibit “A” is tho hat. 1 went to tho Crystal Coffee Palace, where Pearce resides. J : found him in bed. In the same bed, j a single one, was accused Alan Brown. Pearce was undressed, but Brown was ' wearing his trousers. One of Brown’s legs was hanging out of the

heel, and on the knee of the trousers 1 noticed a patch of clay. On the bedroom floor I saw two pairs of boots; one pair was claimed by Brown and one by Pearce. Boll) pairs of boots had clay stains upon them. That would then bo about 3.30 o’clock on Sunday morning. J asked Pearce how long lie had been in, and ho jopiied “A good long time, but. I don’t know exactly how long.” 1 asked him how he had been dressed the previous night, and ho told mo, adding that he had been wearing a straw hat, with his name written in it. He also said the names of Mullen and Marshall were in tiie hat. 1 asked him if he could show mo the hat, and lie replied, ‘Xo; I lost it on the street last night.’ I asked what part of the street he had been on, and ho said he had left the billiard room at about 10 o’clock with McMahon and Richardson, and that they finally went to the Fire Brigade Station.. He said after staying there some time they left and returned to a draper’s shop with several fellows whom ko named. Ho said further that while at the shop lie had had a ride on a motor bicycle, and it might have been while riding this bicycle that he lost his hat. He and Brown Brown had left for heme together and McMahon had accompanied them to the Stratford Hotel corner. When passing the Post Office, he, for the first time, missed his hat and said to Brown; T have done my hat.’ Either Brown or McMahon replied: ‘You arc stiff.’ In company with Constable McGowan, I visited Pivac’s premises and found round about the back-door, three separate and'distinct footmarks. The marks showed that each of the hoots had been shod with rnbber-heols. One was a very small foot-print. We traced these foot-marks here and there over the yard to the back of the section. In and at the door of an out-house, we found eleven packets of ‘Green Three Castle’ cigarettes, and between the back door and the outhouse one packet of ‘Green 'I bree Castlejd cigarettes. We obtained traces of similar footprints loading from the out-house to the right-of-way. Between the out-house and the right-of-way was a fair-sized heap of clay. This heap of clay showed clearly that it had been walked over. In the right-of-way I discovered a clear footprint of flip small foot. I took a plaster cast of the footprint, which I produce. I also produce accused Pearce’s boots, which are smudged with clay of a similar nature to tho clay in the right-of-way and near the heap. I have measured the boot and the cast, and make them practically tiie same measurement. Later on in die day I returned and took plaster casts of the foot-print in tho right-of-way. 1 also produce accused Brown’s boots. On tho heel of. tho boot is a round rubber heel, a similar heel showing in the cast. I also notice in tho rear of tho rubber-heel on bool, is a mark of a cut—a' similar cut appears in tho cast. I arrested Pearce about 20 minutes to four on Sunday morning, and Brown at about a quarter to five on Sunday afternoon. When searched, Brown had in his pocket two packets of ‘Green Three Castles’ cigarettes. On these packets can be noticed that in the word ‘cigarettes’ on the back of the packet tho ‘re’ is very faint and indistinct. 1 produce tho three packets in question. There can also be noticed under the misprint a small dot of gold paint. On the boxes in Pivac’s back-yard the same discrepancies occur. 1 have made an endeavour to purchase a packet of ‘Green Three Castles’ cigarettes locally with the indistinct letters ‘re’ and the dot of gold paint, but have not succeeded ’ ’

At this stage the case was adjourned until Friday, 28th. The accused were allowed out on bail, as before.