ALLEGED ROBBERY.

From Tobacconist's Shop.

In the Police Court yesterday, John Moore, George Gardiner, and Hum Kee were charged with breaking and entering the shop of L. Giorgi on 30th March, and stealing tobacco and cigarettes valued aS

Mr Fitzherbert appeared for the prosecution, Mr Cooper ■- for Moore and Gardiner,, and Mr Loughnan for Hum Kee.

Louis Giorgi, hairdresser ■ and tobacconist, deposed that on March 29th Gardiner and a man like- Moore came into his shop.- While Moore was being shaved Gardiner requested permission to go to the rear of the premises. He was shown out, passing through the | storeroom on the way.. Gardiner had Lbeeu i n the shop on two or three occasiodSVjPreviously. On the night of the burglary witness locked up as usual. The following morning when ho entered +,- the storeroom* he noticed an augur baT""*' in the door, clo§e to the lock. The g l-.! of the upper sash\had been broken, : 0 aB to enable the wiri^v fastening { ' o j, c unscrewed. A quantit>\of tobac o an^ cigars, valued at over SfiO, tyj been stolen. He could swear to the Welcome Nugget tobacco, because he was the only business man in Palmerston who stocked it in that size. There was nothing on the other .tobacco and cigarettes that he could identify but they were exactly similar to what he had lost.

Cross-examined, witness said ; he knew the Welcome Nugget.was, not stocked in. that size elsewhere in Palmerston, because he had made inquires. -He admitted, however, he had not enquired at one particular firm.

Detective Benjamin spoke as to having visited Ham Kee's grocer's shop on Sunday, April 3, in company with Constable De N orville.; Accused denied that ne had bought tobacco from any man. "What did you. give a man a cheque for £16 for ?" asked the detective. " Oh, he work for me long time ago ; I pay him," replied accused. He said he .could not remember the name of the man. Subsequently Hum Kee became confused, - said witness, and admitted he had bought two boxes of tobacco. He showed : the - two boxes and then brought out a quantity of the other tobacco (produced) from shelves and from under the counter.. He said ho had sent four more blocks of tobacco in a box to the Cbinamen'a.gar* dens in Ferguson street. - Witnesi drove down with Hum Kee to. the garden and found the box mentioned on top of a vegetable oart. The two other accused -were arrested at a boardinghotue. On Gardner a five-pound note on th« Union Bank was found, and a five-pound and one-pound "notes oh the same >*bank on Moore. - - ■ •■:■■■• ..;. .*:

Cross-examined : Ham Kee; 'said he bought the tobacco for from a man he did not know. ' ; ; ''•■'.'"'

Alfred Vaughan, teller at the tjn'ioa Bank, Palmerstbn, identified Hum Kee's signature on she cheque for' JEIiS (produced). He cashed the cheque in three five pound notes arid a single note. - Aa far as he recollected Moore resembled the man to whom he cashed the cheque on March 31st. .:.-..;-.»

Cross-examined: Witness would not say ifr was Moore. Tne notes conld have been issued in Wellington or other places. Fen Wong, • market* gardener;: gave evidence as to conveying the box for Hum Kee to the garden. , , T Frank Bell, assistant5 sit .Louis Giorgis, corroborated the latier's evidence as to Gardiner and Moore beine at the shop* ■~ ; ;, . ° Mary.Dompsey gave evidence as to Moore and Gardiner staying at her boardingbouse for eight or nine days. James Woods, cab-driver, stated that Gardiner and Moore engaged his cat at about Bor 9 o'clock in ,the evening about a month ago. " He drove them to a boardinghouse in Broad-street, and accused brought out a sack. It was heavy, and appeared to be full. He drove' them down towards the railway station. Gardiner said hevjaa going to take Moore to Foxton the next day to 7 keep him off the beer, and the bag contained tne latter's swag. Witness saw them about next day. Chas. Newberry deposed to seeing two men get out of a cab at about the time mentioned by the previous witness, ihey took out a sack from the cab and went past his place, which was three or tour chains from Hnm Kee's. The Magistrate questioned whether this evidence was relevant. ■ ■->■": Mr Fitzherbert contended that it wag relevant^ as tending to chow that Moore wl G£m nSee adhad "**" *$** In corroborating Detective Benjamin** evidence, Constable De Norville stated that Hum Kee said he had paid tobacco altogether. For the first lot he paid £6 and for the last lot a cheque for £16 and £6 in cash. At the police station Hum Kee, voluntarily made a statement that he, bought two lots of tobacco at about 10 or 10.30 p.m., on ditterent occasions, from » "dark-youne man" The latter said, he had to get the tobacco from Wellington. Constable De Loree detailed a conversation he had with Gardiner at the station on the 11th. Gardiner said: "II " is a pretty strong case,, but I'.ve ha* some close shaves, and I have ialwav. got out of them. We did not giv<w oi i a chance; everything was worked so well. '• You must be yery '• observed the constable: ■■:;?.•.■ mart»

- " Yes," replied Gardiner,' *i> m the boss and get most of the *p orifev thl gjj; fellow ;does : ;most:^.|^ '. ¥ 00™uT* °2* of '?" coll later, and said: "If the others split, PI pal their pots right on,' I'-'-- -• • f n ,W U haJ o a,, vwy s«c?essful rhdming't pumpmg, eh ?J remarked Mr Cooper. The constable denied that he did anr pumpmg. He was on duty1 thaVrabrnthat the men wishS E-

Mr Fitzherbert said the only' two, m. Naming witnesses for the prosectrtioa were not present. ' - a issued!"" 118 againS' thes^toeß«es werr All accused reserved thbirr';d{>f« l nn« Supreme Court Palmerston -on May S! arg e BW ere a dspur n^tilß Acoused were admitted to bail, them, of So! 0 ' aUd two BQ«^St