MASTERTON POLICE COURT.

Wairarapa Age, Volume XXXII, Issue 3170, 22 April 1909, Page 5

MASTERTON POLICE COURT.

CHARGES OF BURGLARY. At the Masterton Police Court, yesterday morning, before Messrs E. G. Etcn and R. Brown, J's.P., William Byrne and Bert Burrows, were charged on the information of Constable Baker, of Featherston, with having on March 30th, at Masterton, broke into the premises of Messrs J. Graham and Co., and having stolen good s valued at £6 Is 6d, comprising one dressing case, three pairs boots, five shirts, 10 ties and 20 etuds; also with having on March 29th, committed theft from the shop of SamWah of one till containing the sum of about £5, and other goods valued at 10s. Mr C. A. Pownall appeared for accused Byrne. Clarence Graham, manager for Messrs J. Graham and Co., identified the articles produced as being the properrty of his firm. Constables Brown and McGregor gave evidence in connection with the arrest of accused. Constable Baker also stated that be arrested accused at Featherston, and was cross-examined at some length by Mr Pownall. Detective Kemp, stationed at Wellington, said he saw accused Byrne at Terrace Gaol on the 7th inst. By Mr Pownall: Had known Byrne for some considerable time, and he had occupied the position of assistant clerk to a Wellington citizen. His character, as far as he knew, was a very goos one. He was well behaved and did not associate with persons of the criminal class. Witness was very much surprised to see him in his present position. ' Annie Louisa Cole, waitress at Winchester's dining rooms, which are next to Graham's premises, said on the night of the burglary she heard a noise in the right-of-way between the two buildings about 10 o'clock, and on going out to investigate she saw two men, one on the footpath and the. other in the right-of-way. On being spoken to they both ran away. She could not identify accused as the men. Later, on finding a brown paper parcel in the vicinity, she informed the. police of the occurrence.

Mrs gave evidence as to the oaccused lodging at the Empire Hotel from (March 27th to April 2nd. Sam Wah in his evidence identified the till and a number of other articles which had been taken. 1 Constables McGregor and Baker gave evidence as Jto finding some of the previous witness' property in the portmanteau claimed by Borrows. Byrne had his things away at Mr Freeth's place at the time of his arrest (the 6th inst.), and on examination there was none of the stolen property amongst them. Mr Pownall, at the conclusion of the evidence, asked to have the case against Byrne dismissed. None of the stolen property had been found on him. The only evidence against him was the fact that some of the stolen property was found in a portmanteau, which was used in common with the two accused. When Byrne went away to work'he only took his own property with him. Furthermore, Burrows was prepared to give evidence that would exonerate Byrne. As he v was appearing for Bryne he would rather not call Burrows tn make any statement, as he understood he had mapped out the course he had intended to take, and he did not wish to do anything to prejudice his case. After deliberation the Bench stated that the evidence against Byrne was insufficient, and dismissed both informations against him. Burrows pleaded guilty to both charges, and was committed to the Supreme Court for sentence.