HOUSEBREAKING.

Auckland Star, Volume LXVI, Issue 11, 14 January 1935, Page 9

HOUSEBREAKING.

TWO MEN FOR TRIAL

JEWELLERY FOUND ON ONE,

THEFT FROM REMUERA.

Found by detectives in possession of a quantity of jewellery, George Edgar Pengelley, aged 38, a labourer, appeared before Mr. W. R. McKean, S.M., in the Police Court this morning on a charge of breaking and entering the home of George Fleming, 02, Remuera Road, and stealing jewellery and goods valued at £157. With him. and similarly charged, was John Walker Johnstone, aged 38, a salesman. Both men, for whom Mr. W. Koble appeared, pleaded not guilty and wore committed to the Supremo Court for trial.

Evidence was given by DetectiveSergeant A. G. McHugli and Detective Miller that they had accosted Pengelley and another man in Wellesley Street. The detective-sergeant had asked Pengelley where he had obtained the jewellery he had in his possession. The detectives had then taken both men to the house of Mrs. Beart, in Xelson Street, where Detective-Sergeant McHugli questioned Mrs. Beart.

"Pengelley spoke up and said that neither Mrs. Beart nor the other man had anything to do with the property," said Detective Miller. "He said he had carried out a robbery at 92, Remuera Road himself. Xext* day we saw the accused Johnston at-his work in Freeman's Bay. Later at the detective office Johnston was asked whether hej was present at 92, Remuera Road when the house was broken into and goods and jewels stolen."

Johnston had said that he did not know Pcngelley, said Detective Miller. He said that oil the night of January 2 he was with his girl ill St. Stephen's Avenue, but he refused to give the name of the girl or where she lived. He said that he had gone back to town after leaving his girl at 9.30. that he had bought three bottles of beer and drunk them in a doorway with two other men in Victoria Street. He did not know the names of the men or where they could be found. He refused to make any statement in writing as to his whereabouts on the night of January 2.

After evidence had been given that Pcngelley and Johnston had been seen together' both early and late on the evening of January 2, both were committed for trial. Mr. Noble suggested there was not sufficient evidence on which a jury would convict Johnston, but the magistrate held there was a case for trial.