POLICE COURT, HAMILTON. Yesterday.—(Before H. W. Northcroft, Esq., R.M.

Waikato Times, Volume XIV, Issue 1196, 26 February 1880, Page 2

POLICE COURT, HAMILTON. Yesterday.— (Before H. W. Northcroft, Esq., R.M.

BEEAKIUG AND ENTEBING. Sydney Beetham was charged, on remand, with having in the month of November last feloniously Droken into the store of one James Martin, and taking away a quantity of property consisting of coats, trousers, vests, velvet, braid, buttons, pickles, and tins of preserved goods, &c, of the value of -£10 sterling. There was a large attendance of storekeepers and others in the court, the case exciting considerable ieterest. Mr J. Sheehan and Messrs. Whitaker and O'Neill appeared for the defence. Sergeant McGovern prosecuted on behalf of the police, and stated there was a second charge, but wished it to be read, and the whole taken as one case. The second charge, was that of repeating the offence about the middle ot December, and stealing property to the further value of £18. Mr Sheehan said the prisoner was not called upon to plead before this court, but there was no pretence to plead not guilty. It would have been his wish to | have asked the court to deal summarily with the case, but this would not be legal, and he should therefere content himself with watching the proceedings with a view to the trial ultimately coming off in the Supreme Court. James Martin, storekeper deposed, in December last, I found a waistcoat in the yard, at the hack of the premises (waistcoat produced and identified), from 1 which I inferred that some person had i been stealing from my shop. The 27th I December I noticed a pane of glass broken out of the window. I made enquries from my employees, but none knew anything about it. I found that the pane of glass had been taken out and put in again. The vest is of the same class of goods as the class of goods now produced. One of the men in my employ said he had missed some things. The heap of goods now on the floor of the Court-house, which I j have examined, are all ot the same class of goods of those in my store then and now. The prisoner had no authority to enter my store. At a rough gaieso I should value the goods now in Court at £28 to £30. My storeman has the charge of the clothing goods. I could not swear positively to the {roods as mine. The storeman handles them every day, and could better speak on that point. My attention was drawn to a coat worn by Mr Frank Vialou, about a for might ago. He asked me the value of the coat, telling me at the same time he had bought it for 10s. I told him he had a bai'gain, as the selling- price was about 30s ; and not having the tlightest suspicion at that time the coat was stolen. I asked where it came from, the reply was, a long distance from here. On Sunday last I informed the police of my conversation with Frank Vialou. Henry Thomas Downes stated he was a storeman in employment of preceding witness and at the time of the robbery. I attend principally to the clothing department. I missed clothes from the store in November and December last. At first I missed riding breeches. Those produced are the same as we have now in stock ; they are like the ones missed. I then missed a serge suit — suit pioduced similarly identified. [Other goods were enumerated by this witness as missed from the stock and identified.] The moleskin trousers produced I will positively swear to as goods belonging to Mr Martin's stock. I can also swear to the black alpaca coat produced. Some of the clothes I missed in November and some since Christmas. I do not know whether any sardines were taken. I can swear positively to the box of buttons, and I can swear to the hat produced, my own mark being upon it. I estimate the value of the goods now in Court at £28. There is a quantity of goods missed which have not been recovered. It was after Boxing-Day when Mr Martin drew my attention to the broken pane of glass in the bide window, One day last week i recognised the ooat produced on Mr F. Yjalou as he stood at the door. I called

I Mr Martin's attention to it, and asked if Mr Vialou had bought a coat like it lately, and pointing: out it was like one of the coats lost. To the Court: I am positive I never sold the prisoner any of the clothing produced. Frank Vialow, sworn, said I am clerk to my father. The prisoner is iiu apprentice to the general business. I purchased one coat, two pair of trousei*, and two vests early in January from prisoner for 30s. The cloth tweed suits produced are the ones. There was nothing said as to where he got them. I asked no questions but merely purchased them. I looked in prisoners box but noticed no clothing besides his own. I knew that he had sold an alpaca coat and some other wearing apparel to Howe. To Mr Beale (who remained to represent Mr Sheehan) : The prisoner had shortly before been on a visit to Auckland. He had returned early in January. To Mr O'Neill : I had a conversation with Mr Martin about the coat (similar to that deposed by the witness Martin). My belief was that the goods had come from Auckland, as the prisoner had just returned from Auckland. I had every confidence in him. He was trasted with the cashbox, till, and goods in our store. I said to Mr Martin when he spoke to me that tha coat came from Auckland ; I did not say " from a long way off." I made no mystery of the purchase, wearing the things openly. To the Court : I did not think I was paying full value for the goods. I did think I was doiDg right in buying the things. The Court: Your idea and mina of what is right are two very different things. To the Court : On one occasion I saw salmon in his possession, but thought nothing of it. I did not ask him where he got the goods when I bought them; it •was sufficient to me to know that I got them at a ridiculously low price. John Warr deposed : I am an apprentice in the employment of I. R. Vialou and Co. The prisoner worked in the same shop. I remember purchasing clothes from prisoner in December — two cloth coats, three pairs of trousers, a waistcoat, flannel drawers, and a bjy's suit, and two pair riding breeches. I bought the riding breeches for 10s ; for the moleskin trousers I gave 4s each, 2s 6d fcr the drawers, £2 os for the two coats, 10s or 15s for another pair of trousers, and 2s 6d for the waistcoat. I forget what I paid for the boy's suit. He said he got the things from L. D. Nathan's, in Auckland. John James Howe, a blacksmith working for Vialou and Co, deposed to purchasing goods from prisoner in December or January — clothes enumerated and identified — for which he paid £2 ss. Witness asked prisoner where he got them from. He said, "L. D. Nathan and Co., in Auckland. He saw him sell other clothing to Warr and Mayes. To the Court : I knew the things were cheap, and in December told Mr F. Vialou, in his father's absence, that prisoner was selling these things at low prices. Mr F. Vialou said it was all right ; and as he said so I thought so ioo. I bought two boxe3 sardines from prisoner about the same time. George Mayes, an apprentice in Mr Vialou's employment, deposed he was a fellow workman of prisoner's, from whom he purchased clothes between November and December — a blue serge suit, a pair of riding breeches, moleskin trousers, boys' suits, and a coat and waistcoat. He said he got the tweed suit for himself , but it was too small. I asked no questions about the other things. I purchased two pots of jam from him, about the same time. He had salmon, lobster, and sardines in his possession. James Martin, re-calleil, I remember seeiug prisoner purchasing small things at different times, but not the articles before me now. I say positively I never sold | him any of the articles now in Court. Mr Downes and myself, in the shop, only sell such articles of clothing as these. j Sergeant McGrOvern, deposed : That j from certain information he received on Sunday evening last, he on Monday morning, about 6 o'clock, apprehended the prisoner on a charge of breaking and entering the store of Mr Martin, and stealing therefrom. Witness cautioned him particularly that anything he said would be taken m evidence. He expressed a wish to make a statement at the Police Barracks. This statement was taken down in writing, and was to the following effect. That about the middle of November, on a certain night, between 1 and 2 o'clock, he entered Martin's store by taking out a pane of glass, undoing the catch, raising the window, and so getting in. On that occasion he took the tins and a quantity of clothing, and other things he had no recollection of. He put the pane of glass in again with putty. That he returned on the night of the 23rd December, entered in the same way as before, anil took a quantity of clothing only, but on that occasion cracked the pane of gla&s. He then enumeiateil the peisons to whom he sold the clothing — Mays, E. Wilson, Warr, Vialou, and Howe, and stated positively that no person had any hand in the robbery save himself. When the prisoner was arrested at Mr Vialou's, I looked in his boxes and found trousers and vests now produced. He said that the waiscoat was MrjMartin's, and that the hat he had on was stolen fi om Martin's, as well as the trousers he had on. * To Mr Beale : I cautioned prisoner particularly to be careful what he said. | He seemed quite anxious to make the i statement. I read the statement to him before he signed it. Mr Beale, on behalf of prisoner, declined to enter into any defence. The Court fully committed the prisoner for trial. Mr Beale asked that bail be allowed. The Court would take bail, two bail bonds of £100 each.