Charge of Breaking and Entering.

Auckland Star, Volume XI, Issue 3195, 18 October 1880, Page 3

Charge of Breaking and Entering.

AT tho Police Court this morning, Frederick William Harrison was brought up on two charges of breaking and entering the promise? of Messrs Milne and Choyce, on the 11th of October, with iutent to commit a robbery; and the premises of Isaac Levy ou tho 22nd December, 1879, and stealing therefrom clothing aud wearing apparel amounting in value to £60. —Sub-Inspector Pardy conducted the prosecution, and opened the case. James Peiston deposed that he was in tho employ of Miss Milne and Mr Choyce, drapers, of Queen-street. Knew the back of their premises. On the oveniug of tha Oth iuat. (Saturday) he closed tho cellar door, and bolted it inside. There was no lock. It was about ten o'clock when he closed.

£j Walter Woodham, assistant in the shop of Milne and Ohoyce, deposed to locking up the shop Oil tlJi: i)th, and taking caro of the key. a staiis leads up from the cellar to as empty room, and from the top of the staiis a door opens into the ofiice and shop. Ho locked this door. Went to business on Monday morning at half-past seven o'clock. The inner door was still fastened. Have since noticed maiks on tho door. Missed also several wooden bars from the cellar window.

Constable Edward Lamb deposed that on the night of Suuday, the 10th, he was ou duty in Queeu-strcet. Was passing Milne and CUo>ce's establishment at 12.15 (midnight), when he heard a slight noise at tho back ot the premises. lie stopped and listened. Heard a match struck in the yard near the cellar door. A brick building prevented him from seeing anyone at the cellar door. Samuel Ritchie, a cabman, came by at tho moment, and by his request wcut aud procured assistance. Saw through a window a person pass up the stairs with a light. Constable Graham then came, accompanied by Kitchie, who watched in the front, while witness aud Graham climbed over the fence, which was live feet high, into the back yard. Found the cellar door unfastened. Proceeded upstairs into the empty room, but saw no one. Hunted around, and (ouud the prisoner crouching behind a quantity of biooms, covered with a black jacket. He preloaded to be dosing, He asked him what he was doiug there. He madeno answer, but shammed drunkenness. Arrested him, and forced their way out of the yard by bursting open the yard gate. He dropped a e.tii.-el on the way to the station (produced). Constable Graham picked up the chisel. (Here prisoner commenced sobbing.)

Constable Lamb then described the means by which prisoner effected his entrance, viz., by taking out glass ami wrenching the bars of tho window, which afforded him easy acedss to the premise's. By putting his arm through he could unbolt the cellar"door.

Charles Newson, carpenter, knew the prisoner, who was a tenant of his partner in .Newton. Witness was engaged on the 9tu building a verandah in front of prisoner.-* shop. Prisoner offered a chisel to witness, th) same aa produced in evidence. The depositions* nuo Uieu read over to the prisoner, who made no reply. Sub-Inspector Pardy statea particulars in connection with tue robbery in the shop o£ Mr Levy a few nights before Christmas, and, on examining prisoner's place, a portion of Mr Levy's property wa3 found, tickets of goods in Mr Levy's handwriting and that of iiia assistant, which showed that prisoner was connected with that robbery. Isaac Levy, clotnier of Queen-street, was sworn and deposed that he resided in Greystreet. On Saturday the 20th December he closed at the usual hour. On Monday morning he unl&elcod - Uia. iron t danr. . and on going in saw drops of tallow grease ou the counter, and on tho shelves. The clothing lines were also broken down and goods disturbed. The hat case had been broken open, and the case had nearly caught fire by a candle which had been stuck upon it. be went into the back room for the purpose of opening the window, hut foand that it was already open. Mr Lavy then gavj an account as nearly as possible of the goods he missed, The catch between the sashes had been broken off. Found a portion of his goods in tha yard among the cases. He gave information of the robbery to the police. He believed aa nearly as he could tell that at leaet £75 worth of property had been taken away. The hats, shirts, coat?, vests, trousers, handkerchiefs, etc., now mO ourt, were a part of his property, which was taken on the night ot tho 20th Dec. He could swear to the goods. Ho knew the prisoner by sight, as he had seen him driving a biker's (Mr Waddel's) cart, in whose employ prisoner had been. Wm. Nathaniel Ritchie, assistant to Mr Levy f was examined and gave corroborative evidence as to the state of the shop and the goods. He identified the tickets as the same which he attached to a pair of sample" aocks, and a pair of trousers and vest that wore stolen. He wrote the figures on them. Conld swear to the buttons, because they were imported by Mr Levy, bearing his special brand.' To Hia Worship: He was well acquainted with Mr Levy's goods. Had been in his employ about six yeais—ever' since he arrived in this colony. George Garriah, blacksmith, deposed that tie found a quantity of now goods—men's clothing—among a number of tanks in Wel-lesley-street, on the morning of the 21st December. Ho handed them over to the police. Isaac Robinson, Jane Daniels, George Wright, Detective Jeifury, and Constable MdCarilp gave evidence. , .- Tue prisoner was fully committed for. trial.