CRIMINAL SESSION CASES.

Auckland Star, Volume LX, Issue 257, 30 October 1929, Page 10

CRIMINAL SESSION CASES.

ROGUE AND V\GABOND.

CAUGHT AMONG TOMBSTONES.

Found guilty of being a rogue and vagabond, Patrick Byrne, aged 35, fireman (Mr. Noble) was remanded for sentence until Saturday by Mr. Justice Smith in the Supreme Court yesterday.

Byrne was charged with breaking and entering the office of W. Parkinson and Company, monumental masons, Victoria Street, and, alternatively, with being a rogue and vagabond. Mr. V. N. Hubble conducted the prosecution, and told the etory of a scuffle of a policeman and a night prowler in the tombstone yard.

Giving evidence, Constable Hayes, who, with Constable Yoeman, made the arrest, said that on the night of September 4, his attention was attracted by a light in the office. Ho found the door open and Byrne inside. Byrne 6aid: "I'm the manager. Come inside. I'll show you through." Accused then bolted through the door, and witness caught him on top of the gate. Nothing was missing. Mr. Noble pointed out that accused had 110 torch or burglary tools. He characterised Byrne as one of' the most extraordinary burglars he had ever heard of. It was ridiculous to suggest that accused would go thieving in a monumental yard with the lights full on.

From the dock, accused told the jury that he heard shouting on the premises and went in. He found no one, but as he was going away, he met the constable. The jury returned a verdict of guilty only on the second count.