ALLEGED BURGLARS

Evening Post, Volume CXVIII, Issue 51, 29 August 1934, Page 10

ALLEGED BURGLARS

FURTHER REMAND

COUNSEL'S PROTEST

A further remand for afortnight was granted by Mr. C. Orr Walker, S.M;, in the Magistrate's Court today in tho case in which Arthur Cudby, a labourer, aged 36, and Mervyn John Cudby, a labourer, aged 32, are charged with being found by night without lawful excuse in possession, of housebreaking instruments—three jemmies, two torches, and two pairs of gloves. Both accused are also charged with breaking and entering by night the house of Edwin Joseph Andrews, Lyall Bay, with intent to commit a crime.

Mr. E. Hardie Boys, who appeared for the accused, said he was not prepared to consent--to the remand. The accused, he said, were before the Court last Thursday, and they were remanded until today, Arthur Cudby being admitted to bail in the sum of £250 with a surety for a like amount. Counsel said that immediately after the case he wrote, to the Inspector of Police protesting in. respect of three matters. The first was that the detectives had interrogated'the. wife of one of the accused from 10 p.m. until 8 a.m., the second that counsel was denied access to the accused, and the third was that when the accused were arrested the detectives took all the cash, about £50, which their wives ..had in their possession, the children's money boxes, a savings bank pass book showing a credit of about £100, and a motor-car belongs ing to one of the wives. The money taken by the police was sufficient to cover one of the' sureties.. Counsel asked for a reduction in the bail allowed Arthur Cudby, and that the bail should be treated as already being in the. hands of the'police.

Detective-Sergeant Eevell said that following the arrest of the accused search warrants were issued, and any property the police had in their possession was seized by virtue of the warrants. All the property held would bo produced as exhibits at the trial of the accused. • ' .'

Tho Magistrate fixed bail in respect of Arthur Cudby at £150 with one surety for a like amount or two sureties of £75 each, and made it a condition tha,t the accused report daily to the police. • . ■ Mr. Boys said that as the bail was reduced he would consent to the remand.