A BURGLARY CASE.

Wairarapa Age, Volume XXXII, Issue 9604, 25 September 1909, Page 5

A BURGLARY CASE.

THE POLICE PROSECUTION. TWO ACCUSED COMMITTED FOR TRIAL. At the Magistrate's Court, yesterday morning, before Mr R. H. Turton, S.M., Alfred Langley and Roland John Ranger, were charged that they did unlawfully break and enter the tobacconist shop of ander White, and uid commit the theft of tobacco, pipes and tobacco pouches, valued at £5. . x Mr C. A. Pownall appeared for defendants. Sergeant Miller, in opening the case for the prosecution, detailed the circumstances leading up to the arrest of Langley by Constable Brown, the particulars of which have already been published in these columns.

Alexander Whice, tobacconist, said he left his premises on the evening of the 20th at 8.30 ti'elock, locking both the back and front doors. About 1 a.m. he was summoned to the premises. On going to the shop he found that the door was unlocked and several articles missing from the shelves. The pipes and tobacco (produced) were his property, Larigley was a customer of his, but he had never authorised bim or anyone else to open doors. By Mr Pownall: He knew Langley as a hard-working man. Langley bad never assisted in his shop. The door was not difficult to lock, and he had never found it open on go> wg to the shop in the mornings. A right-of way ran past lais shop and continued through into Chapel street. He had seen Langley use this rightof way at times Violet Mary Bain, restaurantkeeper, said that on the night in question the two accused came into the shop with another man named Jones for supper. They left again at about a quarter to twelve. They were all under the influence of liquor.

By Mr Pownall.: They were both drunk. When Ranger went out of the room he,took his hat with him. William Elder, bricklayer, stated that on September 20th he saw accused Langley in Hall street, in com pany with others. Accused invited him to his whare in Chapel street, and some time after witness and a man named Davis accepted the invitation. Langley and Herbert Jones were present, and there was a demijohn of beer there. Afterwards they had supper and left the room about midnight, going towards Perry street. They passed a lame man and another man going down the street. Later on in Perry street they met Davis. Wiiness, Herbert Jone3 ani Davis returned to the Post Office, leaving the two accused at the coiner of Perry street. They saw Constable tfrown near the Post Office. by Mr Pownall: Witness had never seen Langley stroking during the twenty months he had known him. He did not think that the- two accused from the time 1 he left them at Perry street corner to return, could go into White's shop and take goods before the Constable and the lame man and his companion arrived at White's shop. Witness met the constable standing outside the Police Station alley-way on his way back. Before, they parted at the cor ner Langley sai3 he wanted to go for a walk to straighten himself up, and the two accused went down Quaen street.

John Bent ley, labourer, said that on the night in question he was in company with Nierht-watcbman Braggins, when he met four men in front of the Post Office. He recognised Jones and Langley. When he went towards Perry street later he met Jones and another man coming towards the rout Office. Constable Brown was in front, and he turned into the right-of-way adjacent to White's shop. Witness and the nightwatchman sat down on a shop window near White's premises. After a while they noticed two men come out of White's front door. Witness heard one of them call out "Herbie." The men then turned into the right-of-way into which Constable Brown had turned a, few minutes before Witness heard a scuffle, and Constable Brown came out into the street and colled for the nightwatchman. They went to the alley-way and on striking matches discovered a hard hat, and some tobacco pouches. Five or six minutes later he saw Constable Brown arrest Langley, as he (Langley)" turned from Perry street into Queen street. He heard Langley tell the constable that he had no mate. There was ample time for Langley to have gone down the right-of-way and round into Queen street during the time that had elapsed between the scuffle and the arrest.

By Mr Pownall: Jones had a hat similar to the one picked up by Constable Brown. Constable Brown said that on the morning in question, at about ten minutes past twelve, he was on duty and heard talking going on at the billiard raom at the back of White's slhop. He discovered the talking to be in White's shop, and there was a light burning there. After he had waited for a few minutes in the alley-way he heard the shop door open, and accused Langley and anither came from the direction of the shop. Witness I.earJ Langley call ; out "CoTtie this way, HerLe," and

j then he turned into the alley-way,, jhiscompanon following. They both passed him, and then he noticed something under the stranger's coat. 'He called out and both men ran out towards Chapel street. He heard something drop, and on picking it up found it to be a box of tobacco pouches. Witness then went into Queen street, and noticed the door of White's shop open. A few minutes later he met Larigley by the Bank of Australasia. He charged him with breaking into the shop. Langley denied it and said, "I know nothing about it, I have been out spending the evening." Accused also said he had no mate. t Witness took him to the Police Station, there accused was searched and locked up. Three-quarters of an hour later witness and Sergeant Miller went into the cell and accused said that he had been coming from a birthday party. Sergeant Miller asked him which' house the party was held in, and accused said, "You go and have a roll. "Witness made a further search at the back of the billiard-room, and found a box of pipes and other articles* Shortly after 5 a.m. witness made another search with Constable Dunn, and found some pipe stems near Chapel street, and later they discovered twelve packets of cigarettes at the back of Maclean and Co.'a auction room, .They also discovered a race-card with *'A. Langley'* written on it. and a postcard. Accused Ranger had said that the hat produced belonged to him, and he had been wearing it the night be* fore. He asked where it had been found. By Mr Pownall: Ranger was in the office at the Police Station when |he claimed the hat. He had not recognised Ranger at any stage of the proceedings except that, he was wearing dark clothes, and was about the same height as the man he saw. The hat was found at the first turning at the left of the right of-way, and at the left-hand aide. If Langley called out "Herbie" he could not have been alluding to Ranger. He didnot move from, his position in the right-of-way before the men came out of the shapi He saw th° man when he called out, and Laijfeley was immediately followed by another person. If Langley was entering the right-of-way his face would be towards witness and his back towards the light. Wit ness was absolutely positive that it was Langley. When the two menpassed him he had no suspicion that anything'was wrong. Ha did 1 not see Langley carrying anything and could not swear that the articles dropped wera the articles produced. It would be difficult for anyone sit • ting on Mackay's window to see White's shop-door. Constable Townsend stated that as i result of enquiries he went to accused Ranger's place on the morning of.the burglary. He questioned Ranger about his movements and the latter said that he (Ranger) had been with Jones and Langley in the early part of the evening. ■ Accused stated that he could, not remember what happened alter supper, as he was under the influence of drink. Witness made further enquiries and asked accused, to go to the station. He showed accused the hat, and he said it was his property This concluded the case for the prosecution. Mr Pownall contended that a prima facie case had not been made out. In the case of Ranger there was absolutely no evidence to connect him with the offence, except the fact that hewas in company with Langley and that his hat had been found. He was of opinion that be ought not to be sent to trial unless there, was something that a common jury might convict ou. But there was absolutely nothing—Ranger was drunk, no one saw his hat fall, and there was nothing to show how the hat got inthe right-of-way. Again the voice the constable heard calling could not have been meant for Ranger, In the case of Langley it was true that the Constable said that he recognised him when became into the right-of-way. There was nothiner suspicious on him; Counsel was of opinion that the constable's recognition of Langley was based on the fact that he happened to see him afterwards, and connected him, with the man he had seen before. Further, the men must have been in the shop before the constable got there according to Elder's evidence, as Elder had only just left the two accused at Cragg's corner. It would take a considerable time to open the door of the shop. There was not a link of evidence to connect Langley with the affair. Again : f Langley was the man there was no object in his coming into Queen street again. Regarding the race caids it was quite natural for Langley to throw them away,seeing that he was ini the habit of using the right-of-way. After a brief deliberation His; Worship said he proposed to commit the two accused for trial at Wellington on November 15th. Mr Pownall. on behalf of the accused, pleaded not guilty, and reserved his defence. Bail was allowed the accused in their own recognisance of £75 each, and two sureties of £ls each.