TE PUKE GARAGE PILFERED

Taranaki Daily News, 27 November 1926, Page 15

TE PUKE GARAGE PILFERED

MOTOR ACCESSORIES TAKEN PROSECUTION OF OPUNAKE MEN. CHARGES WITHDRAWN BY CROWN. After the examination in chief of the principal witness for the Crown, the prosecution of Ambrose Fowler and Albert Fowler ob charges of breaking and entering a garage at Te Puke, Bay of Plenty, on or about July 31, broke down in the Supreme Court at New Plymouth yesterday, and on the suggestion of the Chief Justice (Hon. C. P. Skerrett) the Crown Prosecutor (Mr, C. H. Weston) agreed to withdraw Hie charges. The theft from the motor garage of motor accessories to the value of £l9 16s woe admitted by the accused, for whom Mr. C. H. Croker appeared, but a plea of not guilty was entered to the charges of breaking and entering, and lack of sufficient evidence compelled the Crown to abandon the charges. The following jury was empanelled:— C. C. Stapleton (foreman), R. Sinclair, W. Sampson, M. S. Cartwright, J. Geddis, W. J. Richardson, W. 11. Chong, W. Bent, S. H. Phipps, H. L. Mander, F. Morris and A. Twine. FIRST LIGHT ON MYSTERY. According to the story told in court, light »on the mystery of the theft that had taken place at Te Puke was first shed when amongst the numerous goods found in the possession of the accused when. they were arrested in connection with thefts from various Taranaki stores were discovered a motor-ear battery, two tyres, a spotlight and a dashboard clock which eould not be accounted for by the persons in Taranaki from whom goods had been stolen. The position was that Detective Meiklejohn had visited the Fowlers’ premises on October 5, in company with Constables Seannell, Brenohley and Clouston, and had seen the tyres and other articles. He naturally made inquiries. Ambrose Fowler told him, however, that he had -paid £4 10s each for the tyres whilb on a holiday in Hamilton, though lie could not remember the name of the shop from which they were purchased, and did not have a receipt. The spotlight, he said, had been given to him by his brother Albert, who had not long before bought a motor-cycle The light had been included in the purchase. The battery belonged to Albert Fowler, the detective was informed, this brother having owned a car when a't Te Puke.

FURTHER INQUIRIES MADE. This explanation did not satisfy the detective, however. By the help of the Police Gazette, in which was published a description of the missing Te Puke goods, a connection was established between the goods in the possession of the Fowlers and those lost from the Bay of Plenty garage. Once on the trail, the detective made a thorough investigation, with the result that in the end the accused admitted having stolen the goods from the garage. The Accused maintained, however, that they did not break into the garage, but entered through the back door, which was open. Their explanation was that one night after attending the pictures they were looking for some benzine for their car, when they found the garage with the door open, walked in, and finding no one about, took the article? mentioned. THEFT CHARGES ADMITTED. It was explained to the jury yesterday that breaking, entering and theft were considerably more serious charges than theft alone; hence the trial of the accused on the major charges. Evidence was given by Phillip Waiter Vercoe, one of the partners owning the garage, that on Hie night of July 31 the garage was locked up left for the week-end. Le explained how. after the robbery had heen discovered, traces were found of an apparent attempt to force an entrance into the garage. The witness could not swear, however, that all the doors had been locked before the garage was left for the night. They should have been locked, he said, but he could not say positively that they had been. At this stage His Honour interrupted the proceedings with a statement that if the Crown had no further positive proof that the garage had been locked up, it was not much use pursuing the matter any further. Mr. Weston agreed, and the charges of breaking and entering were accordingly withdrawn. His Honour intimated that he would sentence Ambrose Fowler, Albert Fowler, William Fowler and Albert Graham at ten o’clock this morning on the following charges:—Ambrose Fowler and Albert Graham, breaking, entering and theft from Taranaki stores (eight charges), and possession of housebreaking tool; Albert Fowler and William Fowler, receiving stolen property; Ambrose Fowler and Albert Fowler, theft (from Te Puke garage).