TRIO IN TROUBLE.

Auckland Star, Volume LVIII, Issue 282, 29 November 1927, Page 8

TRIO IN TROUBLE.

RACE-DAY INCIDENTS.

ONE SCAN SENT TO GAOI*

TWO OTHERS SET FREE,

Three of the six men whom the police alleged were "working" among the race crowds at Devonport on Saturday came before Mr. W. R. McKean, S.M., at the Police Court this morning. They were Walter Raymond Sutherland (41), John Henry Fitzgerald (39) and Jack Larkin

(33), who each pleaded not guilty to charges of being idle and disorderly persons who habitually consorted with reputed thieves. A further charge of having frequented Victoria Road, Devonport, with felonious intent, was preferred against Sutherland.

Mr. J. J. Sullivan appeared for the :rio.

Evidence on the consorting charges was given by Detectives White, Moon, O'Sullivan, Hunt and Xalder. Detective Xalder added that on Saturday last at Devonport about 6.20 pan. he saw a man named Griffis, or Ray, who is yet to be charged, take a drunken man in the yard of the Esplanade Hotel and go through his pockets. Larkin and Fitzgerald looked in the gate, but when they saw witness there, they left. Mr. Sullivan submitted that the evidence was not sufficient on which to convict either Larkin or Fitzgerald. Detectives had said that they had seen Larkin with his brother; whom they described as a reputed thief. Surely they would not expect him to keep away from his brother when the two lived together? Larkin had been working recently and so had Fitzgerald. They were both at work until midday on Saturday.

During cross-examination of one of the police witnesses, Mr. Sullivan had a brush with the magistrate, and threatened to retire from the case. However the matter was smoothed over and the case proceeded.

Both Larkin and Fitzgerald gave evidence and were cross-examined by Chief Detective Cummings. Fitzgerald absolutely denied that he was at Devon, port on Saturday, at any time during the day, so the police must have made a mistake when they said that they saw him looking into the yard at the hotel. "Although there is no doubt that Fitzgerald is getting mixed up with undesirables, there is not sufficient evidence on which to convict him on the consorting charge," said Mr. McKean. -No notice can be taken of his association with his own brother, so the case will be dismissed."

The magistrate held that there was' not sufficient evidence to justify a conviction in Larkin's case also. This was also dismissed. However, the magistrate said that in Sutherland's case the evidence was somewhat different. After perusing Sutherland's list of previous convictions, Mr. McKean sentenced him to two months' imprisonment. The charge of frequenting Victoria Road with felonious intent was withdrawn by the police. J