ALLEGED BREAKING AND ENTERING.

Taranaki Daily News, Volume XXIV, Issue 123, 26 May 1902, Page 2

ALLEGED BREAKING AND ENTERING.

ACCUSED BEFORE THE COURT. Saturday, May 24.—Before Mr Stanford, S.M. Before proceeding to hear the second j charge against the prisoners Bex and Hose, the S.M. said ho would hold over ths question of Rex's pie* of guilty till he had heard the other charges. Kex said he objected to this, as he wished the matter dealt with a,', ones. The S.M. said he understood his object, and he would be cocumittei for sentence at the Supreme (Juurt, Auckland. BREAKING INTO HARVEY'S. The accused were then ckutged wi'h breaking into thy house of H?iv y Harvey and stealing t herefrom ihe sum of 12s and one pair of boots. Sergeant Haddrell said a great deal of the evideuco would be th« earns us that given the previous d ty, a.>d hj« prop «.d to put in cho uignvd evidence of ihe wiints»B who wsi'o ex-iaau.-ei, to save time.

Sergeant Haddrßl! then called Lucy Harvey, wife of Harry Harvey, butcher. Live on New Plymouth ; remember Wednesday 14 May, went out about two o'clock, leaving all the doors aud windows fastened *, returned heme about 25 past four; on returning found the window in the kitchen had been broken open; the chest of drawers had been ransacked ; thore ware marks on the back door as if an attempt hsd been made to force it with an axe; an axe was lying there. I had left the axa in tbe back shed. I missed ab-'ut 12s in money, and about 7 o'clock miss.d my husbindV boots and a bundle of key*. I saw them last on that. Wednesday morning. I have not seen tiiem since. The boots produced are the ones. I have no douot about it.

To Rex: I lost 12s in money. It was kept in a money-box in the chest of drawers.

Prisoner Malfcravers had no qura tions.

To the S.M.: The boots were cleaner now than when I saw them on Wednesday. See no marks on them which were not on them then.

Harry Harvey, butcher, on South-road, New Plymouth, remembered the 14th. I called at my house that afiernoon about half-past 2 o'clock to sea if my wife had gone out and got a kit t® go to the bre.tkwa'er. The house was carefully closed up uud the doors locked. There whs nothing wrong with the doors. I then went to the bre ikwater. The same afternoon returned home about a quarter-past 4, bringing my wife with me. I loft her at the gata and drove 00. Hearing that the place had been broken into I went and informed the police. I returned home and examined the house. Found the back window kitchen partly open, and the back door appeared to have been forced with an axe. I also found the chest of drawers ransacked and 12s missing. Lalerin the evening I missed my best boots. I looked but could no; find them. Next siw them on Thursday at the police station. The boots produced are mine ; I cau swear to them. They are laced-lip lefthanded. I cleaned them on Sunday. I generally clean my own boots. Whonj I last used them they were nice and j clean, now I find marks of paint on the j side. I used them on the Sunday. I was not near any wsc paiut whiln wearing them. The paint marks must have got on them after they were taken away from my place. When I was at my house in the afternoon there were no axes in the porch ; I generally keep them in she shed. When I went home tha second time they were in the porch. Maltravera had no questions to ask. To Bex: Am quits sure it is paint on tha boors. Henry Hurle, bootmaker ia Devonstreet, said in January list I did some work for Mr Harvey ; I repaired two pairs of boots for him; the pur of boo's produced is one of the pairs I repaired ; I am sura of this because I know my own work on the boots, Prisoners had 1.0 questions. The evidence given the previous day by Constable Butfcitrore and Sergeant Haddi ell relative to the arr> at, etc., was then read and taken as evidence in this , case also. Seiget.nt Haddtell then asked if (ho S.M. considered the evidence sufficient to eoniuot Rose with th.> casu, as if not he would not repeat if. The S.M. said if the Sargemt hud no fresh evidence on tint punt he did not think so. Sergeant Haddrell Slid he had no other evidence, and that waa the case for thw prosecution. In reply to the usual questions, Rex said tha prosecution said ic was claimed that both bouts and money had bsen stolen from Harvey'b House, and he withed to know if he proved he had'

no money at half- past four"Jtm--qcod would if, go in his fnv; ur. He could prove he bought the boots from a man although he knew toej were stolen property. He was prepared to plead guilty to receiving the boots. j The F.M. said the fact of his not having any money would not help him, but if ha could bring evidence that he had come honestly by the boots he should do so. I PriH jnrr sa : d ho could no's do that, but he could prove he had no money a'. 14.30 on the Wednesday afternoon. 1 Th« S.M, snifS that was no u«f, andhe proposed to commit him f>)r trial. Prisoner then pleaded guilty, and was commUtad to the Supiense Court, Auckland, for seutenre THE BURGLARY AT BELLBINGEB'S. The s>>me prisoners were then charged with breaking and entering the shop of the la'fl Jamas Belirinper, and stealing therefrom a bunch of keys and a mounting knife valued at £l. Sergeant Haddrell outlined the c-isn for the prosecution, contending that, in the case of Rose, should it ba proved that the paint marks found on Roses hoots were r-imil»r to thf peculiar colour found at Bellringer's, then it w s clear Roae took pirt in the breaking and <tnt; ring there. Rex here offered to pload guilty and g« into tho box and swear that Rose had nothing to do with that offflt on. Hia Worship said it would be better to go on with the case. Constable Buttimore gave evidence as to formally arresting both tLe accused yesterday on the present charge. Rex said when coming f< orn t.h>' gaol i " I am not; known her* except to tne i police, of what you have sam here and i picked up f'lsawhete in thr meantime. By Bex: What connection has th«t i with the present charge? Sergeant Haddrell: It is proof of i the arres". ; Rex : You lika to hang a man when • you get him in tho dock. lam » man as well as you are. I never mide i a statement on my way from th-i goal. . and what the constable eaid is a fabrication, a dastardly lie. The evidence given by witness in the previous case was taken as given ' in the present case. F. 0. Bellringer was called and hie evidence given on Friday in another charge against the accused was read over to him. His Worship then examined '.he ! boots of both the accused by the aid ol a magnifying glass ar.d lamp. Witness said that in his opinion th< paint marks showed they were of th< same colour as the paint spilt in th< shop. In reply to Rose witness declined t< swear absolutely that the paint in th< shop and on the boots was the same but was strongly of opinion that it was His Worship said the only evidenci to roDi'.ect Rose with the burglary a' Bsllringw'a rested on th« similarity © tho paint marks, and as Mr Bellringe: declin ii, v.iry properly, to swtjai' abso Intely to the identity he 'here was r.ot sufficient evidence t< send Rosa for trial. This flowed the oa?e. The uceus'd Rose was then dig charged, aud JrUx was committed to thi S>.ip»m\< Court it Auckland for sen tenc-.

Authority was given to the police so re! um the coat and boots to ih?ir respective owners,