SUPREME COURT.

Auckland Star, Volume XXXVII, Issue 35, 9 February 1906, Page 5

SUPREME COURT.

CRIMINAL SETTINGS. (Before His Honor Mr Justice Edwards.) The criminal sittings of the Supreme Court were continued yesterday, the Hon. J. A. Tole prosecuting on behalf of tne Crown. BREAKING AND ENTERING. Two youths, John Scarbroa and Christopher Henry Clarke, were charged jwith having on December loth commit|ted burglary at the dwelling of Warren IBlyth, Onehunga, stealing a knife, rejvolver, and a bunch of keys, and also I with breaking and entering Mr Blyth's auction room in Queen-street on the 'same date, stealing a quantity of jewel- ■ lery, three razors, a case, and £14 oda iin money, of the total value of £52. jThey pleaded not guilty. j Warren Blyth, auctioneer, living at Onehunga, stated that when dressing for the office on the morning of Decem- | ber 16,' he missed his knife and keys, ; which had been in his trousers pockets. i Hurrying to town, suspecting a robbery, jhe found his premises in charge of the .' police. The Milner safe was open with j some of the contents strewn about the floor, while the keys were on one of the drawers. Diamond rings, gold chains, and a number of watches had been taken, but a quantity of jewellery remained in the safe, showing that it had been rifled in a hurried manner. Entrance had been effected to the store by smashing a glass door, and then unlocking it. All the silver and copper in the cash box amounting to £14 2/10 had been taken, but the notes and gold in another drawer were overlooked. Witness had paid away between £60 and £70 to clients, whose property was stolen. Watches to the number of 27, and nine chains, produced by the police, were identified by witness as having been a portion of his stock. Charles E. Collins, storeman at tne auction mart, deposed that having received certain information, he went to the house where Scarbroa's father lived, and in the presence of the accused, dug the garden at a spot where the ground had previously been disturbed. Two feet beneath the surface he came across a bottle containing two razors similar to those which had been missed. Charles M-cFadden, a labourer, deposed that lie bought a razor and case from Scarbroa. The case had upon it a number which Collins stated he had written while it was in stock" at Mr Blyth's. Another witness named Ann Brinstone, with whom Clarke lodged in Newton-road, said that on January 10th, she discovered a parcel of ticking watches under Clarke's bed. There were also sortie chains in the parcel. Scarbroa stated on oath that he found the watches in a stable which his father intended renting. Outside he found the razors wrapped in paper. When he showed his find to Clarke, the latter advised him to give them to the police, but he did not like to. He put the watches' in a handbag so that Clarke could take them to the police office. Clarke recalled Mrs Grimston, who said that although she was not certain about dates, she thought Clarke would be at her house on the night of the robbery, a Friday, as on Fridays be usually stayed in at night to play games. Scarbroa was found guilty on all charges, while Clarke was found guilty of receiving stolen goods knowing them to have been dishonestly obtained. The jury made a recommendation for mercy in Clarke's case, but his Honor remarked that the prisoner had a worse record than Searbroa. The foreman replied that in this case the recommendation would be considerably modified. The Crown Prosecutor asked that the accused should be remanded before being sentenced, to give them an opportunity of informing the police where the remainder of the stolen property could be found. The accused were accordingly remanded until Tuesday. GUM STORE ROBBED. Andrew Bluchrr, a young man, was indicted for breaking and entering the gum store of the Wade Settlers' Co-ope-rative Company and stealing 901b3 weight of gum. A labourer named Harold Raynergave evidence that some time before the robbery, Blucher met him in Auckland and asked how it would suit him to break i into the Wade Co-operative Company's ■ gum shed, take some gum, and make a cheque upon which to go South. Witness replied that he did not like it, and he tried to dissuade Blucher from the proposal. Subsequently, he saw the accused at Wade, and was asked to say nothing about the robbery which had taken place at the store. Blucher told him he had a job getting the gum out, and he became so frightened that he I dropped it in the nearest clump of ti-tree. Witness had been in communication with Constable Lowry, and as a result, he offered to sell the crum for Blncher in town. By arrangement with the constable, witness interviewed the accused in a stable while Constable Lowry secreted himself in the loft. They talked sbmit the robbery, and the accused remarked that it would have been better had he carried the gum up the creek instead of into the scrub. Constable Lowry corroborated Rayner's version of the stable conversationThe accused made a statement from the dock denying the charge. He was found guilty and remanded until Monday to secure a report from the Probation Officer. TO-DAY'S PROCEEDINGS. The trial of John Scarbroa and Christopher Henry Clarke upon two counts of breaking and entering and theft was continued this morning, a number of witnesses being called to bqow that about the time Mr. Blyth's premises were rob-, bed, the accused were together. Detective Mellveney gave evidence that Clarke took a quantity of the stolen jewellery to the police office, and said he had found it in the Domain. Witness told him the police knew better, and Clarke then said Scarbroa gave him a number of watches to sell. Clarke made a lengthy statement, which witness •wrote down. It was to the effect that he took the watches from Scarbroa to sell, but repented of his undertaking and made no attempt to dispose of them. THEFT OF A PURSE. TWO MONTHS' IMPRISONMENT. A man of medium build named Joseph Coles pleaded not gnilty to Mr Dyer, SJ»L, at the Police Court to-day on a charge of stealing on January 30th a satchel, purse and 1/ from the room of Helen McDonald, a barmaid at the Aurora Hotel. Chief-Detective Maxsack [■uroeocßtffir

Helen McDonald, a bar assistant at; the Aurora HoteL said she left the satchel and purse in her room upon the morning in question on the dressingtable, and when returning they -were gone. She recognised the accused as a man she had seen standing in the oar during the afternoonAlbert Lindsay, an assistant in a second-hand dealer's shop in Albertstreet, said the purse was brought from accused in the afternoon of the day in question for a shilling. He couJd swear to the accused. Corroborative evidence was given by the keeper of the shop, Martha Lindsay, who bought the purse. Detective Fahey gave evidence as to the arrest. When arrested accused denied the theft. The prisoner said he wished to call witnesses, but as none appeared in answer to repeated calls, his Worship decided that the theft was proved, and sentenced the prisoner to two months* imprisonment.