Charge Of Breaking Into New Brighton Shop

Press, Volume XCII, Issue 27794, 20 October 1955, Page 15

Charge Of Breaking Into New Brighton Shop

The hearing of evidence by 16 of 19 witnesses on charges brought against Clifford Fox, aged 33, a carpenter (Mr L. G. Holder), was completed in the Magistrate’s Court yesterday before the Court rose at 5.30 p.m. Fox is charged that between October 1 and 2 he broke and entered the counting house of Beath and Company, Ltd., Seaview road, New Brighton, and committed theft, and that on October 8 at New Brighton he escaped from lawful custody. Evidence from the three other witnesses will be given today. Mr Rex C. Abernethy, S.M., who was on the Bench, declined to deal with the two charges summarily and said he would commit Fox for trial to the next session of the Supreme Court.

Photographs of Beaths at New Brighton, the locality, and scenes inside the building, were produced by Constable W. McD. Ramage, police photographer. One of the photographs showed two indentations in a door jam in the manager’s office and another showed a screwdriver inserted in one of these two marks.

William Charles Lonie, manager of Beaths, Ltd., New Brighton, said that when the shop closed on October 1 at 9 p.m. the doors and windows of the building were all secured. All the takings of the Saturday—late shopping day—had been placed in the locked safe in his office. Some time after midnight on October 3 he was called to the premises by the police. He found the building had been entered, the safe blown open and £655 in money had been stolen. On the door of his office he noticed two small marks, which indicated to him that someone had endeavoured to prise the door open. A glass panel in the office door was broken. His staff had been instructed to take the terminal numbers of all notes of £5 and over, said witness. On October 3, from the dockets in the shop he was able to give the police a list of numbers of notes taken during the Saturday’s business. He produced as exhibits three bundles of dockets.

Two £5 notes, which had been taken during the day’s business, were to have been used on the Saturday for wages, said Margaret Hazel Aitken, a clerk and cashier at Bpaths. One of the notes was included in one employee’s pay envelope, but the other was in the safe overnight and was with other money stolen from the safe.

Witness said that at 9 p.m., when the cash registers were cleared for the last time, eight sealed envelopes of money, taken from the registers, were locked in the safe. She said she had seen accused in the men’s Wear department of the shop about 4.30 p.m. on October 1. Evidence of having heard three reports “like those of a shotgun” between 12.15 a.m. and 12.50 a.m. on October 2, was given by Kay Jackson, a resident of New Brighton, living fairly close .to Beaths. She said she did not investigate the noise. Numbers Taken on Dockets

May Elizabeth Fleming, a shop assistant, said she had taken down on her docket pad the last three numbers of three £5 notes she had been given in exchange for goods on October 1. She identified these numbers on two dockets produced. Gladys Lucy Small, Gloria Dorothy Phyllis Miller, Robin Black and Hilda Mavis Rose Barnes gave similar evidence in respect of £5 notes they had taken while serving in the* shop. Phyllis May Cope, an assistant, identified several full numbers of £5 notes she had received and noted on her docket book.

On Monday, October 3, the accused called to trade his car on a late model car, said Robert Kendall, a car salesman. He was accompanied by a man witness now knew as Wratten. The car accused owned, a 1936 model, was bought from witness last November and accused wished to trade this car on a later model. As accused still owed about £l4O to a finance company for the car, witness told accused he

would.not be able to trade this vehicle! unless accused could first pay off what i money was owing. Accused had told! him it might be possible to “square' this off.” Patrol at New Brighton Evidence of having seen the accused, Richard Stanley Wratten, and Mrs Fox in accused’s car underneath the clock tower on the Esplanade at 9.30 p.m. on October 1 was given by Constable R. G. Newman. He said he accompanied Constable E. G. Smith on patrol in Constable Smith’s car that evening. When he saw accused’s car, Fox was sitting behind the wheel, Mrs Fox was beside him and Wratten was sitting on the rear seat. Witness said he left the car, and walked behind a telephone kiosk and from there observed the movements of those in the car. Wratten was leaning forward with his elbows on the front seat, and the accused was looking to his right along Seaview road. He. would have been in a position to see Beaths, Ltd., which was situated about 100 yards away. Wratten was talking with Fox while he (Fox) was looking along the road. Witness said he watched them for about five minutes. When he returned to Constable Smith’s car he passed In front of Fox’s car, and except for a glance Fox gave him, Fox continued to look over his right shoulder along Seaview road: He and Constable Smith observed the car until 10 p.m., when Fox’s car started up, travelled along Seaview road, and turned left at Hardy street or Union street.

They continued to patrol, and then i eturned to the pier, said witness. As their car turned into the Esplanade he saw the accused’s car behind them. They parked the car and patrolled the streets in different directions. At 10.30 p.m. they drove along Keppel street and saw the accused park his car outside his home on the opposite side of the street. The accused left the car and went into the house. He could see no sign of Wratten, said witness.

At 1.50 T.m. on October 2 they drove along Keppel street and again passed accused’s car. This time it was parked on the other side of the street. Between 10.40 .p.m. on October 2 and 1.50 p.m. on’ October 3 witness said he was patrolling in the New Brighton area when he found that Beaths had been broken into. Similar evidence was given by Constable Smith, who also produced plans of the New Brighton streets and a plan of the interior of Beaths. Search of House Detective-Sergeant E. G. Ward said he obtained a search warrant from Mr L N. Ritchie, S.M., on October 3 to search accused’s house. At 10 a.m. that day he went to the house accompanied by Detectives B. Wilkinson and D. P. Highsted, and Constable E. Schmack, of the women’s division. The accused was not at home, but his wife was. Witness said he left the house and went into Christchurch, where he located Fox with Wratten at a car dealing yards in St. Asaph street. They all returned to New Brighton.

When they arrived at the house he explained to Fox that they were searching for money or gelignite in connexion with the blowing of a safe in Beaths. “When I asked him what money he had he said it was no business of mine,” said witness. Witness said he called Wratten aside and said lie was going to search his room at the rear of the house. “As we were walking towards the bedroom Fox told Wratten to keep his mouth shut, and that he would do all the talking. At one stage Wratten left the bedroom and said to Fox: ‘I was in bed at 6 p.m. on Saturday night, wasn’t 1. Cliff?’ Fox said: ‘No, you were out in the car with us until 10 o’clock,’ ” said Detective-Sergeant Ward. Wratten said he had drunk too much liquor that night, and Fox confirmed this. Nothing incriminating was found in the house, said witness.

Detective B. Wilkinson gave corroborative evidence, and at this stage the Court adjourned, Fox being remanded to today.