ALIBI CLAIMED

Dominion, Volume 26, Issue 29, 28 October 1932, Page 13

ALIBI CLAIMED

Jewel Robbery Sequel

ARTICLES IN COURT

Receiving Charge Denied

A platinum and pearl necklace, a diamond tie-pin, a camera, and three empty bottles which had contained spirits or liqueurs were some of the exhibitsain a charge of breaking and entering, and a charge of receiving stolen goods, which was beard in the Supreme Court yesterday by Mr. Justice MacGregor and a jury. The articles, except the tiepin, were va-rt of the proceeds of a robbery from the residence of Mr. and Mrs. T. Dwan, at Queen’s Drive, Lyall Bay, sometime in August. Entry had been gained through a front window. Charges of breaking aud entering the premises were made against Chester Lincoln Nazl-lrod, 31, a native of Bucuos Aires, together with charges of theft of numerous articles of jewellery, American dollar notes, 21 sovereigns, of a total value of £367/9/-; alternatively he was charged with receiving the articles produced iu court, knowing them to have been dishonestly obtained; and also with receiving a ruby and diamond tiepin, value £4, knowing it to have been dishonestly obtained. The tiepin is the property of William . Holmes Wakeliu, whoso house at Kilbirnie was broken into in August, and the pin and other valuables stolen. Mr. P. S. K. Macassey prosecuted for the Crown, and Mr. J. F. Paul appeared for the prisoner, who pleaded not guilty. Mr. Macassey said the prisoner was arrested with two other, men, John George Furey and Francis Zayier Tohill, in connection with the robbery at Lyall Bay. Furey and Tohill bad pleaded guilty in tlio Police Court and bad been dealt with. Only Portion Recovered.

Mrs. Amy Dwan aud Mr. Wakeliu identified their respective properties, Mrs. Dwan saying that only about ±6;> ■worth of tho articles stolen had been recovered by the police. Evidence was called to show that the spirits and liqueur were consumed at the home of Henry Albert Bush, a coachmaker, whose place was visited on the night of August 17 by Nazel■rod, Tohill, and two young women. Bush could not say which of the two meu produced tho drink. Lambert Theodore Oplus, a Greek cafe proprietor, who said he knew accused as “Slim Lincoln,” said be lout accused £2 on the tiepin. Nazelrod also asked him to look after a platinum necklace for him. A young girl named Marshall, to whom tho rosary beads had been given, gave evidence that she know accused. The camera was bought from prisoner for 10/- by Lawrence Clark, assistant in a pawnbroker’s shop in Manners Street, who said that Nazelrod. gave the name of “Baker.” Evidence as to the arrest of the three meu, including accused, and the recovery of the articles shown in court was given by Detectives Ritchie, Smith and Chapman Accused Gives Evidence.

Mr. Paul said accused would give evidence aud call witnesses, and would satisfy the jury that be had nothing to do with the robbery. The only article he was given by Tohill was the string of rosary beads, for selling the camera for him. He denied receiving other articles knowing them to have been stolon. In the witness-box Nazelrod said be was working for his employers, a taxicab firm, all day and until lato in the evening on the day the robbery was said to have taken place. He slept at the City Mission. After leaving work he borrowed 1/- to get supper, and then went off to the Mission. He knew nothing about the breaking and entering. He sold the camera for Tohill, having no Idea it was stolen. He supposed Tohill did not want to be seen in the' pawnshop, aud witness said be gave a wrong name because ho did not want to be known in a pawnshop. Ou one occasion Tohill had a ring on his finger. Witness took it and put; it on his own finger, but could not get it off again. He would have returned it in the morning, but did not see Tohill again, as he was arrested by the police. Subsequently he put the ring in his pocket and Jost it. In regard to the tiepin, be simply vent to collect the £2 from Oplus for Tohill, and gave the money to him. To Mr. Macassey, accused denied that Tohill told him not to put the ring ou his finger or he would get “pinched,” although he told the police afterward that be suspected Tohill was “up to no good.” Accused called several witnesses to show that he was at work at the taxicab yard all day and at night, and to show that he slept at, the City Mission.

James Gibson, manager of-tbe Mission, said Nazelrod had a room booked that night, and Henry George Molloy, u. volunteer worker al: the Mission, spoke of seeing Nazelrod going to bed late that night. The evidence was concluded, and the final addresses to the jury will be given this morning.