THE OKATO BURGLARY.

Taranaki Daily News, 7 May 1918, Page 6

THE OKATO BURGLARY.

'ACCUSED PLEAID GUILTY. ODMiHTTED TO SUEBEME OQOET FOR SE^TEXeS, The charges against Frederick Wni. Roebuck, Frederick Thomas M'Gregor, and Arthur Leigh Conbett, of breaking and entering and theft from the store of Greenway Bros., Okato, were proceeded with at the New Plymouth Magistrate's Court yesterday, before Mr. A. Crooke, S.M. Sub-Inspector Hutton prosecuted, and Mr. A. H- Johnstone appeared for accused. A great deal of public interest was shown in the cases, the court being crowded when the hearing commenced, and a large number remained throughout the proceedings. The goods recovered from the premises of Roebuck and McGregor were produced in court, and made a considerable array on the Boor of the building. THEFT OF KEROSENE. The first case taken was that in which all three men were concerned, of breaking and entering and theft of one case of benzine and two cases of kerosene, valued at £3 15s, from the store of Greenway Bros., o n tue night of Saturday, April 27. William Mulholland, laborer, employed by Greenway Bros., at Okato, de- | posed that on Saturday night, April 27, he went with Mr. D. F. Greenway to his store at rJbout 6 o'clock. At about one o'clock in the morning of Sunday he hpard.a noise outside the store, at the back of the premises. Witness and Greenway went outside, and found the accused at the door of the benzine store. When Greenway and witness saw them the men ran away. They heard a noise in the benzine store before they went outside. It sounded like the shifting of boxes. When the men ran away, Greenway and witness followed them. Witness caught Corbett by an arm. He invited him into the house. Greenway

followed liig man further up the partdoek. and witness and Oorbett went tip to where Greenway had caught Roebuck. They were both taken into one of the rooms belonging to the store. He remembered one of the men making a statement, hut could not remember what was said. He paw three cases in the yard, which looked as if they contained benzine or kerosene. The" men were kept in tfce room until the police arrived. "HANDS UP!" David Fryer Greenway, farmer and storekeeper, residing at Okato. in corroborating the evidence of Mulholland, said at about one o'clock on the day morning he was aroused by Mulholland. and heard sounds of cases being moved in the benzine store. He set a watch because his shop had been broken into on previous occasions. When they rushed out, he saw three men at the storeroom door. He called out "Hands Un!" but they ran away. One of the men (Corhett) got caught ra a wire fence, and was secured by Mulholland. Witness followed and secured Roebuck. The men were placed in a room at the store, and witness sent for Constable (Weill. Witness asked Oorbett why he was taking his (witness') benrine. At, first he refused to say anything. Witness said. "Oh. come on, now," and he said: "Stealing it." The men were kept till Constable O'Neill arrived, and later WJregor was brought on to tfie premises by the constable. The storeroom had been opened. The padlock could be slipped through the hasp. When witness rushed out into the yard one, of the men appeared to he in the act of putting the lock back Tie could not I>e sure, but he thought the man was Roebuck. He saw in the yard one case of bena'ne and ttvo case* of kerosene. He could not say exactly what was the -value of the cases. None of the men [had any right to be on the premises that night.

REVOLVER SHOTS. Mr. Johnstone: What did you do when you called out "Hands up""?— Ran after the men. i But before you ran after the men?— , I firo'l a shot What out of?—A revolver. Was that the only shot fired?—l fired one shot while in pursuit of Roebuck. EVIDENCE OP ARREST. Daniel O'Neill, police constable at Rahotu, said that in consequence of information received at about 3 am. on April •28, he proceeded by motor to Greenway Bros.' store at Okato. On going into the back yard, he saw three cases lying outside door of an oil store. He went into a room at the back of the store, where he saw the accused (Corbet* and Roebuek), and Greenway and Mulholland. He asked Oonbett what he was doing on the premises, and he replied he had taken a case of benzine, which, lie said, he was going to take home for his motor bike. He then asked Roebuck what he was doing there, and lie replied he had taken a case of kerosene and got caught. Asked what he wanted the kerosene for, accused said he intended taking it home. He then arrested the two men on a charge of theft of a cose of benzine and a ease of kerosene respectively. In consequence of something he was told, he went to McGregor's house. Accused came to the door after witness had knocked for some time. He had n fresh cut on his nose, and appeared very excited. Witness asked him to detail his movements that night, and he replied he had been with Fred Roebuck and Arttiur Corbettup till after midnight Asked to describe where he had been with the other men. he admitted taking a ease of kerosene from Greenway's store. He was arrested on a charge of stealing the case of kerosene. Accused was brought to Greenway's store, wheTe the other men were, and all three were brought to the New Plymouth lookup. Soon after arrival there each of the accused made a statement, which they afterwards voluntarily signed. They said they did not wish to denv anything, and that they would assist the police.

STATEMENTS BY ACCUSED. Continuing, witness said accused's statements (wtoch were put in) were practically identical- TheT all admitted bavin? met by appointment at about 9 o'clock on the Saturday night. They spent the night together, and became somewhat intoxicated. They went to Greenway Bros.' store together. Corbett slipped the lode of the benftne i store and took out a case of benzine. IRoelbuek admitted having token a case of | kerosene from the store- While standling outside the door they heard a shot fod, and tin? bolted. Oortwtt gat

hung on a wire gate, and was caught by Mulhollland. Roebuck was caught by eomcone else, and the two men were marched back to iho store and were guarded by Greenway and MulhollaajJ with a revolver and a tomahawk. M'Gregor admitted getting clear away, but was afterwards visited at his home by Constable O'Neill to whom ha admitted taking a case of kerosene out of Greenway's store and he was then arrested on a charge of theft. In consequenco of the admissions of accused, witness charged them with breaking, entering, and theft. At the time of their arrest al' the men were sober. The cases of oil were still at Greenway's store, under the witness's supervision. They had been properly markedPLEA OF GUILTY, Accused all pleaded suiltv. and were committed to the Supreme Court for sentence. Mr. Johnstone made application for bail, but the Magistrate ruled that as the men had pleaded guilty he had no power to grant the application. FURTHER CHARGES. As a result of the foregoing charge, a search was made by the police of the houses of the accused men, and a large quantity of miscellaneous clothing and goods, alleged to have been stolen from Greenway Bros.' store, was recovered In consequence, Frederick William Roebuck and Frederick Thomas M'Gregor were charged that, on divers dates between February 1, 1918, and April 14, 1918, they did break and enter Greenway Bros-' store, at Okato, and steal therefrom goods valued at £B4 9s 6d. Sub-Inspector Hutton appeared for the police, and Mr. A. H. Johnstone represented accused.

SERIES OF ENTRIES. David Fryer Greenway. farmer and storekeeper, Okato, said he carried on business as Grceejiway Bros. About two months ago a window of his shop premises had been broken open. The manpger rcoorted that some things had disappeared. He did not, of his own knowWcp. know of the disappearance of any goods. The manager was in charge. On a later occasion the window had been broken again- Several entries had been made into the premises during the month of April. He inspected the broken windows, and saw evidence of someone having entered the place. On the first occasion the glass and catch had been broken. The back door of the shop had also been forced, the lock havino- been sprung. He thought there had been aJbout six entries during March and April. Some of the goods produced were similar to those stocked by [witness. He could not identify any of it as his stock. The accused (M'Gregor) had been in the employ of witness and would be acquainted with the "ins and outs" of the premises- The other accused (Roebucks lived at Okato. He could not say that he bad been in witness's store. There was no one living on the premises at the times when the nlnee was broken into. In consenuencc of the place bavins been broken into witness, with Mulholland. set a watch on the place on the night of Ar-ril 27. and during the night thev carvtured Roe buck and Oorbett. who had boen charged •with ptealiti? benzine and kerosene from the store.

LADY WTTNTOSR'S DEPOSITIONSElizabeth Whelan, manageress of the drapery establishment of Greenway Bros.' store at Oka-to", said that on or about March 4 the window opening Into the workroom had been interfered with. She noticed that a lody's long-coat was missing. About March 12 she noticed a side window had been prized up. Some pairs of corsets were missing, and also some neck studs. About March 16, the door at the back of the premises, openin" into the kitchen, had been buret open. Two ladies' long-coats, a man's overcoat, a lady's navy costume, a roll of sheeting, half a dozen ladies' vests, some pairs of boots and shoes were all missed from the stock. She reported the matter to Mr. Greenway- About the second week in Apri! the locks of the workroom windows were forced open. A lady's navy costume, some pairs of trousers, and a piece of damask, had been missed. She had seen no otner evidence of anyone having been in the store, IDENTIFYING THE GOODS.

Witness made an examination of the goods produced, and identified much of the stuff as having belonged to the stock of Greenways' shop. Amongst the articles identified were a navy costume skirt, a navy coat belonging to another costume, a gaberdine costume skirt (the coat being still missing), and several pairs of boots and shoes. Part of a roll of liream slik was similar to that in stock in the shop- The costumes were identified by the tag upon them, containing a number and their price in private marks. Witness said, with regard to p some of the goods, that they were similar to the stock held by GreenwayBros. Thirty-two yards of sheeting had been missed, and tilio goods recovered and produced were similar to the stock held in the shop. Slie did not remember having sold any of the goods produced. To Mr. Johnstone: There was an assistant in the drapery store during February and March. She sold goods. a< well as the witness. Witness swore positively that several pairs of trousers and two overcoats were similar to those stocked by Greenway, and which disappeared. The goods were bought from New Plymouth firms. It was quite possible that the same firms sold identical goods to other storekeepers. To Sub-Inspeotoi Hutton: She did not remember having sold trousers similar to those produced. SEARCH WARRANTS EXECUTED. , Plain Clothes Constable T. Fitzgibbon said that on Monday, April 29, in company with Constable O'Neill, he executed search warrants on the houses of M'Gregor and Roebuck. Certain of the goods in the court were found in Roebuck's house. A navy shirt with a tag bearing a number and mark was found In Roebuck's house, and another tag with a corresiponding number and mark was also found in the house. Roebuck was not at home. They then got Mrs. M'Gregor, and, in company with her searched M'Gregor's house, where a quantity of goods were discovered, some in the house and some under the house. In each case tfhey took only goodg that were absolutely new and had not beet' worn- The next day he got M'Grep-o-and showed him the goods found in V house, and asked him to account fi them. They were speaking in Greeway's store, and M'Gregor said that t« pairs of underpants and a lady's cop tume had been bought, and "the rest," he said, "came from !iere." Inquiries proved that the goods Btated to have I>m, WvH wes* actually purchased,

and they wore returned to Mrs. M'Gregor. lie asked M'Gregor how in any times he had been to Greenway's stoic, and lie said two or three. lie had _takcii the goods, away in a sack. Witness then asked Roebuck to account for the goods found in his house. Accused said his wife bought some, but he did not know where. When asked about the balance he said it came from "here." Com'-ablo O'Neill, who was present, asked him what he meant when he said "It came from here," and accused replied, "I took it from here.'' Witness arrested both the men, and charged them with breaking and entering and the theft of goods valued at over £BO. Every article was itemised and valued by Mrs. Wholan, the manageress for Greenway Bros.

Cross-examined by Mr. Johnstone, witness said they did not ransack tlhe houses and take everything they thought was new. "If we had known at the time all wo found out afterwards, we should probably have got a great deal more than had been taken." Since the first valuation of the goods was made some of the goods had been found not to have been rightly included, and the valuation was reduced to £77 2s. VALUE OF STOLEN GOODS. Mr- Johnstone raised the question as to whether the charges of breaking and entering should not have been separated from the charge of theft. There was no proof whatever in regard to certain of the articles produced that they had been part of Greenway's stock. The items should have been set out in tie information.

Rub-Tnspector Hutton said that as the men admitted stealing some of the goods it was fair to assume that they had stolen all that was recovered from their possession. The evidence was that, excepting a few articles which had heon purchased, and which had therefore been returned, the other goods had been taken from Greenway's. After some argument, and some measuring up of a quantity of sheeting over which there was some dispute as to quantity, it was eventually agreed to Smend the value of the goods recovered to £72 7sPLEA OF GUILTY. Accused then pleaded guilty, and were committed to the Supreme Court for senA SEPARATE CHARGE. Frederick Thomas M'Gregor was then charged with stealing from the premises of J. S. Fox Okato. one ham and a tent-fly, valued at £2 12s fld. SubInspector Hut-ton prosecuted, and Mr. A. H. Johnstone appeared for accused. James Smith Fox, storekeeper, Okato, said accused had been employed by him as a motor delivery driver. He identified a tent-fly produced as his property. He had not sold it to anyone. He last saw it hanging up in his store. Accused 'iad no authority to remove it, It was valued at 31s. A ham produced he could not identify. He had not sold it to accused. It was similar to others he had in stodk. Its value was about 245,

To Mr- Johnstone: He had eleven employees. Some of them would have authority to sell the tent-fly. He bought it some time in March, and marked it himself. He had asked all his employees, and none of them had sold a tent-fly or a ham to accused. Plain-clothes Constable FitzeiMxm said he searched MGreew's house in comnanv with OonstaMe (Weill. The tent-fly produced was found under a bed in the Ixick room. The ham was found hangins in the same room under some clothes. |On the following day he showed them to accused, and asked him to account for Mem. He said he found the tent on the road about a fortnight ago, near Warca. The ham lie said had been bought at New Plymouth, but accused could not say at what shop. He was then charged with the theft, but made no reply. On Mr. Johnstone's application the charge respecting the ham was struck out.

Accused, giving evidence in his own behalf, said on the Saturday week previous to his arrest he had picked up the tent-fly on the Puniho road, near Warea. He did not know it was Mr. Fox's property, and ho thought Mr. Fox would some day find out to whom he had sold his,

To Sub-Inspector Button: He said he ltad previously been convicted for theft •from Kirkealdie and Staines, Wellington in 1914, and ha<l been fined £3.. .He Iliad never been in trouble before or after that. He did not know that MrFox stocked tents similar to the one he had picked up. He thought it was his property unless anyone advertised for it.

Accused was convicted and sentenced to fourteen days' imprisonment with hard labor.