BROTHERS ON TRIAL

Evening Post, Issue 99, 24 October 1934, Page 10

BROTHERS ON TRIAL

LENGTHY EVIDENCE

HOUSEBREAKING CHARGES

CASE FOR THE CROWN

Such is the nature of the evidence that tho whole of today, and possibly longer, will be occupied with the trial in the Supreme Court of two brothers— Arthur Cudby, aged 30, and Mervyn John Cudby, aged 32, both described as labourers—on charges of housebreaking. When tho two accused appeared in tho Magistrate's Court 'earlier this month they faced a total of ten charges. These have been separated into two sections or indictments, each containing five counts, and it was with the first of these indictments that their trial began today before Mr. Justice Ostler and a, jury of twelve. » The Crown Prosecutor (Mr. P. S. K. Macassey) conducted the cast- for the Crown, and Mr. R. H. Boys appeared for tho two accused. The accused were charged in the indictment today with breaking and entering by day on August 15 and stealing a os coin and about £27 in money from tho house of the Rev. T. R. Richards in McFarlanc Street; with breaking and entering' by day on the same date the house of John Pask at 33 Roxburgh Street" with intent to commit theft; with breaking and entering by day on August 18 the house of Herbert Harry Sterling at 2 Burucll Avenue, and stealing about £S in money; with breaking and entering by day on the same dato tho house of S. J. Smith iv Hobson Street, with intent to commit theft; and with breaking and entering by day on August 19 the house of Arthur Edmonson at 96 Nairn Street, and stealing £27 in money. A plea of not guilty was entered to the flvo charges. CASE FOR THE CROWN. In his outline of the case for the Crown Mr. Macassey said that as a result of information received, detectives kept tho house of Arthur Cudby in Aro Street under observation from 6 p.m. to about 7 p.m. on August 22. During that time a motor-car, No. 77-970, with a green body and black hood, belonging to Mervyn Cudby, was standing outside the house. The two accused came out of the house, got into the car, and drove away. They wero followed by a police car, but owing to the traffic on tho road the police car was held up and the detectives lost sight of the two accused in their car. Later, however, as a result of information they received, the police went to Lyall Bay and there they found the car. with tho green body and black hood parked in one of the streets With its lights out. Detective Robinson and two other police officers saw tho two accused approach tlie car about 9 p.m. When the police said they would like to havo v word with tho two accused, Mervyn Cudby, it was alleged, replied: "AVo have done nothing tonight." Both men, continued Mr. Macassey, wore wearing dark overcoats and felt hats. The accused were searched and iv their possession were found housebreaking instruments —a screwdriver, crowbar, tire lever, and two electric torches —and both were wearing gloves. When asked what ho was doing with certain of the implements in his possession, Arthur Cudby said: "Nothing in particular." Mervyn Cudby said he had been to the "tip" to get a bracket for the mudguard of the motor-car. MONEY IN WIVES' POSSESSION. Mr. Macassey said that what the Crown relied upon wcto, firstly, that the accused had been found in possession of tho house-breaking instrument.' and tho marks made at tho houses mentioned in the charges, which, it was submitted, would clearly be seen to have been made by the screwdriver and the jemmy. Then, so far as Mervyn Cudby was concerned, a rubber heel mark corresponding. with the rubber heels on his boots had been found by the detectives in examining the premises that had been broken into. The os piece taken from the house of tho Rev. Mr. Richards had been found in possession of Arthur Cudby, and also in his possession were n large number of pennies, and over three dozen pennies had been missed from Mr. Sterling's house. In. addition, although Mervyn Cudby had not been in work sinco September, 1033, and Arthur Cudby had been, on relief work, the sum of over £43 was found in possession of Mrs. Mervyn, Cudby and £5 7s Id in the possession of Mrs. Arthur Cudby. Moreover, the police had also found two Post Office passbooks iv tho name of Mervyn Cudby nnd his wifo, and these showed they had banked £106 between them from July 1, 1934, to August 20, 1934. Also, Arthur Cudby had mado a statement iv which he had admitted breaking into certain houses, two of which, Mr. Smith's and Mr. Sterling's, were tho subject, of charges in the indictment. Evidence was called along these linos and was proceeding at the time of going to press.