ALLEGED THEFT.

Auckland Star, Volume LVI, Issue 184, 6 August 1925, Page 8

ALLEGED THEFT.

CHARGES OF BREAKING AND ENTERING. A MAN WITH AN ALIAS. A HOSTLLE WITNESS. Indicted in the name of Anthony Claude Gumm, alias Charles Grace, a man to-day stood his trial before Mr. Justice Herdman, in the Supreme Court, on charges of (1) on April 11, at AucKland, breaking and entering the premises of Motor Replacements, Ltd., and stealing two motor cycles and two magnetos, valued at £73; (2) with stealing the motor cycles and magnetos; and (J) with receiving the motor cycles and magnetos, knowing them to have been dishonestly obtained. Mr. Meredith prosecuted, and Mr. J. J. Sullivan appeared for the accused, and pleaded not guilty. I In outlining the case, Mr. Meredith stated that the evidence in support ol the charge was that accused and his brother-in-law, Alexander Rea, went on the. night in question to the shop ot Motor Replacements, Ltd., near Carlaw Park, and broke into it. Two machines, an Indian and a 8.5.A., were taken from the shop. The two men pushed the machines up Stanley Street and through the Domain Drive to the home of accused, in Parnell. They were then placed in a shed near accused's house. Later accused communicated with a Mr. Warner regarding the sale of the B.S.A. machine. Warner drove to accused's" house, and accused offered to let him have the machine for £20. It was eventually decided that Warner pay £10 10/, and Le paid £5 on account, with a promise to pay the balance the next day. Warner came back the following morning and paid the balance, and received a receipt from accused, who signed the name of Grace, that being the name Warner knew him by. The second machine was taken to pieces by Rea and accused and .dumped near the railway reclamation. In a statement, accused had said that Rea asked him if he knew of anyone wishing to have a 8.8.A. motor cycle. Accused approached Warner, and the latter agreed to look at it. Rea took the machine to accused's home, and a sale was brought off. Rea and a friend of his were at the gate when Warner took possession. Later accused met Warner, who told him that the bicycle had been stolen, and accused communicated with the police, and offered to assist in clearing up the matter. George William Lawrence, manager of Motor Replacements, Ltd., gave evidence of having discovered , that a burglary had been perpetrated at his place, and that two motor cycles and two magnetos were missing. Thomas Charles Warner stated that he had known accused by the name of Grace for some time. Accused asked him if he wanted an old B.S.A. machine, and witness went to accused's house to have a look at/the machine. A sale was brought off, and witness paid £5. down and took the machine with him later the same night. In May last two detectives came to witness and ' took possession of the motor bicycle: Alexander Rea, who had ' pleaded guilty to a series of offences, among which was one of breaking and entering the premises of Motor Replacements, Ltd., "and stealing-a motorcycle, j said he could not remember of the offence. He was" on his own on the night of the theft. In the statement he made to the police he had said that accused was with him. He got into the shop through a window, and, after getting the bicycles, he wheeled them to an empty house. He wheeled them one at a time. The machines were at the house a few days, and then, on a, Monday night, he wheeled them away and Hook the B.S.A. to accused's place. Accused said he might get a buyer, and witness put a price of f16.0n it. When it had been sold witness received £15 or £16 from accused. Mr. Meredith: I think witness is hostile. Mr. Sullivan: He may be averse, but there is a'difference between that and a. hostile witness. His Honor: He is hostile. Mr. Meredith (to accused): Por what reason did you incriminate' your brother-in-law? ' Witness: I was all mixed up. There were so many things brought against mc that I did not know what I was saying. Mr. Meredith read witness' statement to the police, and everything that implicated accused was denied by witness, who said he had made it all up. He had seen accused within the last week. The statement on evidence had not been discussed. Detective Barling gave evidence regarding the recovery of the motor bicycle. To Mr. Sullivan: On no occasion did he tell anyone at the»home of accused that if he'did not get him for theft he .would get him for changing his name. This closed, the case for the Crown. Margaret Grace, wife of the accused, stated that her brother brought a motor cycle to her house and placed it in the back yard. It was,there two or three days, and then Mr. Warner came to see it. He later took it away. -

(Proceeding.)