ALLEGED BREAKING AND ENTERING.

Taranaki Daily News, Volume XXIV, Issue 121, 24 May 1902, Page 2

ALLEGED BREAKING AND ENTERING.

ACCUSED BKFOIiK THE OOURT. Ernest Maltritois, alias Wi'sou, alias Rose, and John R«i, on remand, appeared befere Mr R. L, Stanford,' S.M., at 10.30 on Friday, charged with breaking and entering ;he Crown Dtiry Company's rffica in Queen-stree I ', between M>y 14th and 15tb, and stealing therefrom a mackintosh, the proporty of James Oliver.

Accused ware unrepresented by i counsel. ' Serjeant H)dif"ll called i William Buttimore, constable, Ufa- ] tioned at New Plymouth, who gave I evidence of the arn st of accused on 15th May. While searching fclvm at the police stition saw Maltravera throw a piece of cundle into a bucket. Called McNeil's attention to it, and he, Mc- ■ Neil, said he saw it. " What are you getting at now ?" Maltravers said, "So I help my God I never threw it." Found < * numbur of articles produced on Mai- i nwveis. Found a pu f ty knife on Rex, who said he pot, it and another from Bellringer's for 1h 6d each. Witness, with Sergeant EUddrell, went to Edwards' boirding-house in Broughamstreet, saw there a portmanteau, which was c : aimed by Rex. The coat produce:! was claimed by Maltravers. The boots were taken off Rex at thy police station, and had signs of pwit on them, The boots worn by the other prisoaup also had signs of piint on 'hem. Bell - rinwr's premises had been broken into on the tamo night. Tho glas-: in thri back window was broken and the c.itch opened. Marks of ptin-i wti\) found hy witness on the lower sash, on a b x urider the window, and on the f-mce. Siw puint in Bellringer's of the same colour. Visited the Crown Dairy Company'* office on the 15tb. [Prisoner here objected to the Sergeant asking qu-stioi s, and asked the witness to tell bis own s*on\ The Sergeant had, he s*id, got down oa paper all he bad atud'ei during the week, to slaughter thorn with. The S.M. said the Sergeant must not lead witness.J Witness Butbimore continued. Described the stata of the office, and found the window had been forced, with boitmarks oc the window-sill. Found marks of bouts aud p lint on the top of a stool, and on a desk found a bunch of keys and a broken knife. Two pieces of the broken blade were found, on-i piece being fouod in a drawer by Woodhouse. Mr F. Bellring-r ideuiified the keys and knife as his To Prisoner Rose : Arieated you on 15th May. S*ear I saw you throw th« piece of candle into the bucket. Asked McNeil about it because I wanted to draw his attention to it. To Rex : O'Neill w-s in tbe watchhouse and when appealed tn as to who threw the candle said to witn ss " All right, do your duty." Rex s'id " wiiat are you trying to ring ou to us mow. O'Neill whs facing accused and mus hava sepn the caudle thrown if ei'he of th' in threw it. Both accused denied any knowledge of the candle. When witness accosted the accused as the Terminus ha r.sked where they wore staying, arid they answered correctly. Rfxsiid witn-s* h»d made u Wlu-n ameted and ch<rg d t'ley made no resistance, though Rex objected to the handcuff*. Could not rsmember asking Rex whsrn on the way to the boarding house whether he possessed an overcoat. Rose claimed the coat found iu his portmanteau.

Sergeant H«ddrell stated he went to the Crown Dairy Office on 15 th and found an entrance had been effected through the front window, mud being on the desk under the window.' The drawers in the office had all been forced open and contents apparently turned over. Candle marks were to be seen in various placs and the bunch of koys produced was fiund ™ th<* d sit under the fron; window. H indi >of a putty knif* was also on the sain i d sk. T"e other portions of the kidfe were discovered after searching. Corroborated Constable But'imore as to identification of the portmanteau and < verc ut by accused. Carefully washed accused-i boo6B and eximined them for mmks of print, patches of which were found in various places on tho upper* and sdes. To Rex: You gave y.iur ocoupai on as a cai'penter— no, painter. Rose claimed the coat. Thera was not much of the electric polish in the portmanteau. To Rose: You gave the nam'j of Ernest Maltraverg. 1 sold ycu that was nob your name. If you want to know how I knswjl can tell you. Yau described yourself as a painter. To Rex : Took his (Rex's) word for it that tho stuff in the portmanteau was electric palish. James Oliver, accountant at the Crown Dairy office, said when he let's the office about 10 p.m. tha premises, were locked up in the usual way. On returning next morning found the drawers had been broken open, a silver watch taken fiom one of the drawers, and an overcoat from the manager's room. He identified the coat produced as being his property—the top button hole hiid been torn, the sleeves frayed, and an odd button was on the neck. To R-»x: Wni going to weir the coat, bnc finding ic was not rainine, pub it back. Could not say whether she window by which access was gained w«s looked, but it could not have b en lefb open without witness noticing it. Was sure the coat was in tha iffi'.'.e when he left that ci>;ht. Frederick C. Bellringer, man<g>r for tha estite of the late Jamas Bellringer, said when he left the shop in Devonstreet about 6 p.m. on the 15th overything was secure, Next morning on arriving found someone had been tht-re who had no right. The tap sash near; to the door of the paint-roouj on the west side was down, a pane of glas-t be- j hind the catch being broken, and a I considerable amount of paint spilt over the floor. Rang up tha police. No-! ticed two keys laying on thy floor near j the middle door. At Constable Bufcti-! more's suggestion examined the safes, j and found one had been tamperad with, j Mii-sed a knife used for cutting mount- j in:'S. Identified knife produced. The j floor showed marks of wet paint as if! trodden about. There was a small sa j of paint spilt on the fLor, abou! an inch ; thick. Identified tho colour produced, j Being shown the boots in C met wis- ] ress said there were marks of paint thereon which corresponded with the i colour of the paint spilt in tho shop. Recognised Rex. Had seun him in company with Rose, who previously I worked for outsiJe witness'J shop. The accuse.*, who had give a his' namo as Maltraveis, was known to wtuets br Henry Burett Rose, aui had workd for witn : ss for a week in December last. To Rose : Remembered lOch .vlay. Rex did not come to the shop, but Rjsa came aloue. Rax only tamo to | tho door whil.t Rose purchased two putty knivos. Rose had been in the shop previously asking for a job, bui wicuess said he w&g full up. When purchasing the putty kuivos Rose said ho was going to stuzt for Wosc.

To Hex: ,Oer.i .1 (.oitivly tnat R 'x came iu the shop on S iturdny ni»lr. Rose was there abaut 2.30 in thaafrernoou and again at night about, 6.30. Rose was in the chop thw previous j Tuesday. Hardly thought it whs pjs-, i-iblo to gfit the sime gpoti <>n his boo'H anywhere than at; his, shop. Had Keen the boots produced ! previous to coming into Court. lh« police brought them to tho ehop. The colour fpilt was made up of a mixtme of a variety of colours, the conien't* of all the pots in the shop. ( i At the request of R x his Worship inspected the colour produced, and tho paint on ona of l!n boo'e, and stated he would not fay the colour was the i the sauie, Tho Court adjourned for luncheon, j Ttie Court resumed at 2.15. | F. Bellringer: To Sergeant Haddr^ll.' —lf the boots had been worn by a; painter following his trade ttmy would * have had more spots on tht>m. Paint 1 ona boot would be darkened. If ac-j cased was in my thop tho day before he could not get the paint oa his boots, | us be w«s not within 20 yards of it. j To accused : The p.i'nt on the boots' is not a roof colour. If West had the, same colou>' at the back of his shop it, wouid b i a very s'.range c /inoidence, as ' no two shops used the si me colours. i To Kex: The coLur on tiio boo s, corresponds with the cJour spilt in the ■ shop. • Cyril Mathesin, ai d in Bellrnger's employ, siiu iha r J on the 14th he taw a bundle of keys in the back shop and ; id ntifiad ' h as produced «s he s uie; also identified the niouui cu-.tiu;: knife. Annie Edwirds, boardii g;iousekeepui , identified the accuse J i.s Having boade 1 i.t h- r house sincj 10th iost. Knew R<sa prbviou*ly, i s he stayed at the housfi eaily iu Dtc mh T la>t. I'houL'lit Ere was workiug for We*t last Monday. Oa Sunday night t ey wtnt out but witness couM cot Ray whether they honu t> gether, On Wednesday night they were out together and witness wai.o l up for thein till 10.45. They did not come home till nwarly 3 o'clock in ihe morning. Witne-.s had not been to sleep, and heard them come home. Knew it was accused, ts all the other boarders were in. They w«nt to their respective rooms, Ou Ti.ursJay morning they changed their biota. Had not no iced thein do this previously. Nevftr saw either of thsm wearing a mackintosh overcoat. Identified the black box piodueed as the sama which kept in Rose's room. This bor was generally tiken out by accused, and Rex mos ly carried it. Did not , notir-e the box taken out on Tauraday. To R s■<: De ,ied giving him the boot, bru hes ou Sunday. To Rex: Is was about 7 o'clock ' when they came on Saturday. They stated thuir int.euiijn of "incerview- ' ing" Homo master piiute; s. Rose . showed her two putty kniY s he said '• they had brngot ou Saturday uiyht. At t'.e iequ c s >of Re.i bin Worship I ordered Mrs sin to he s-m » for and examined as to accused's mjve- > ments. ) John Cull'n»ton, employed al Sar- . good, Son and Kwn's, ,s.id he occupied . the s»me room as R« at the hoardinj;3 hous . Csi Wednesday li ght hi went )J to bed at 11.15. Did tot hear Rex II come in, Saw him next, morning at s | breakfast time. His bed had been 1 i in. c To Rex: Had never miss d any oi his money ar properly, j Cncstable Ru ; sfll also gave evidence,

Abraham Richards, cabdriver, said he recognised nccused. Siw hira on Wednesday afternoon between 4 ar>d 5 also on Thursday about train time (4.25). On the 12th had h>s house ransncked between 7 and 10.30 p m. Rex here objected to the evidence ar beini; irrelevant to the charge ol breaking into the Onwn D.i'ry officacd his Worship alliwed 'h> ohj-«;r.ton J Wm. H. Jury, livaiy et'blrt keeper [ stated the accused passed his st-.bles it ! Q inen-streeb on Wednesday p.ftcrnoon 14th. i Oh.rlotUi Finr, of Yictoria-stroet, I was called, bus iould no<- id-r.t'fy accused as the two m«n fhe s.u« \ opposite lvr house, Th s closed tuo evidence for the prosecu' ion. | In reply to tha usual question boi t the accus d intimated they had nothing to siy in answer to the charge, but called Douglas Edwards, retidinjr with his mother at 'Jambridge Boardinghou«e, who, in reply to R<sx, said he went t'i bed about 10 p.m. Wis aw,ike at 1 a.m., as near as he could guts*. Res occupied the same room as witness, hut was not in bed when witness awoke. The room •,'vas dark. Witness got out of bed and pa<s d Rose's bed, and it was unoccupisd. Should say Rost came to bed about 2 a.m. Heard him come in. Had no occasion to look at any watch or clock Ro-e called pt Ward's shop to see witm-ss on the Saturday previous about 7.30 p.m. To Rose : Deni- d nsltin£ Rope on Thusday morning what time he ca*ne in. His Worship said the nmes again»t the t.w.) accused were different Th" possession by Rex of the '.v.'iei.t wm sufficient evidence on v hieh to <: uimit hiui for tr al; bu"; the evid nee asains' tha other accused wis not sufficient for ft conviction. Rex would f/ e «fore cotmniited f r tri'.i sit tha Sunieme Ouui't, and Rose would ho d seliarged as far as this case was concerned. In reply to R«x, lr's Worship said he had no power to commit him 'o the District Oourt, or to deal with him summarily if h > pi. adel guilty, as the maximum po-sible punishment for burglary was 14 ya-s. Rhx therefore f-lectcd to p)e j d guilfy, but at the suggestion of his Woiship the matter w?s adjourned till to-day, when the o he:r charges against the accused will be heard. 'Jh l ? Oourt then ndjjurnel till to day.