VAGRANCY CHARGES

Auckland Star, Volume LXIII, Issue 285, 1 December 1932, Page 9

VAGRANCY CHARGES

MEN ACQUITTED. HOUSEBREAKING TOOLS? INSUFFICIENT EVIDENCE. Three men, Ernest John Brasting. aged 3.";, labourer, Stanley Smith, 2G. labourer, and Leonard Edwin Cox appeared in the Police Court this morning on charges deeming them to be rogues and vagabonds, having been found by night, without lawful excuse. in possession of instruments of housebreaking, on November' 24. Brasting was further charged w'th unlawfully converting a motor ear valued at £150, belonging to Andrew Todd, to his own use, B,nd Cox was further charged that not being a licensed dealer he had in his possession for longer than seven days, a pistol which was not registered. Mr. K. C. Aelcins appeared for Brasting and Smith and Mr. Bryce Hart for Cox. Each accused pleaded not guilty. Andrew Todd said Brasting called on November 23 and said he could sell a motor car. Witness gave him the car for the purpose of sale on the undertaking that the car was returned by 5 p.m. the same day. It was not returned, and witness informed the police. Cross-examined by Mr. Aekins, witness admitted that Brasting had taken other motor cars to sell and had actually sold one, and received some commission. Witness understood that Brasting had telephoned witness , office while he was absent. Constable Farrow, after describing the arrest of the three men, produced a number of tools which included tyre levers, a brace and bit, hacksaw and a glass cutter. There were also several socks and a pair of gloves. Detective Bowman said he searched the houses of all three accused. Under the mattress of Smith's bed he found an improvised pistol, made out of a pea rifle which had been sawn down. Smith said the pistol belonged to Cox. Two bullets were found in Cox's possession. Both counsel submitted that there was no evidence against their clients, and that the charges should be dismissed.

Brasting, in evidence, admitted that he came out of gaol in April last and that he had a list of previous convictions. "I have been making a great effort to go straight and live down the past," he added. The car would have been returned earlier, had it not collided with a taxi. Not having enough money to pay for repairs, he mended it ; himself before taking it back. He denied that the tools were to be used for any purpose other than repairing the damaged car. The Rev. Jasper Calder said Brasting asked him to advance a sum to repair the mudguard. He advised accused to repair it himself. After hearing Cox's evidence, the magistrate, Mr. W. R. McKean, dismissed the charges against all three men, stating that there was insufficient evidence that the tools were housebreaking instruments. The pistol was ordered ■ to be forfeited to the police.