CUDBYS ON TRIAL

Evening Post, Volume CXVIII, Issue 100, 25 October 1934, Page 15

CUDBYS ON TRIAL

DETECTIVE'S EVIDENCE

HOUSBREAKING CHARGES

RECENT -EPIDEMIC1

Reference to the epidemic of housebreaking iv Wellington during June, July, and August of this year was made at tho trial of the two brothers, Arthur Cudby, aged 36, and Mervyn John Cudby, aged 32, at their trial in tho Supreme Court on five charges of breaking and entering houses. Detective 1\ N. Robinson was asked what had happened to the epidemic, and he replied that it had ceased immediately after the arrest of the Cudbys.

The trial of the two Cudbys began yesterday, and was ■continued today. Mr. Justieo Ostler was on the Beuch, the Crown. Prosecutor (Mr. P. S. K. Macassey) conducted the prosecution, and Mr. R. H. Boys appeared for tho two accused.

Detective F. N. Robinson rend a; statement in which Arthur Cudby allegedly admitted having broken into a number of houses. Witness said that after having made the statement, which was taken down on a typewriter, Cudby wrote on the bottom of it that ho had read it over, but he had not signed the statement. Cudby said ho wanted to see Ids solicitor. In view of tho statement Cudby had made, witness said he believed before Cudby saw his solicitor that he was going to plead guilty. Detective Robinson contended that although Mervyn Cudby had said lie had done no work since September, 1933, ho had found no evidence of his having done any work since February, 1032. "That's a lie, and you know it is," shouted Mervyn Cudby angrily, leaning forward from his seat in tho dock. THREAT TO ARREST WIFE? Jn answer 1o Mr. Boys, Detective Robinson denied that Arthur Cudby had been induced to say that ho got the us piece found in his house from his brother Mervyn as a result of a | threat having been made that his wife would have to be arrested in connection with it. The detective said he had not threatened to arrest Arthur Cudby's wife in connection with any matter. Detective Robinson said it was not correct that at the time the statement was taken down Arthur Cudby's attitude to questions was: "Put that down if you like" and "All right, if you say so." AVitnoss said that Arthur Cudby spoke in a quiet voice and gave intimate details of how he got into the locked rooms of Mr. Sterling's house iv Burn ell Avenue. Mr. Boys asked Detective Robinson if, when the Cudbys were first approached on tho night of August 22 at Lya.ll Bay, he suggested Mervyn Cudby, after the Cudbys had been told witness would like to have a word with them, straight away said: "Wo have done nothing tonight." Detective Robinson said those were the first words Mervyn Cudby said. Mr. Boys: It's almost too good to be true, isn't it? liis Honour: That is rather comment than a question. I think you had bettor stick to questions and leave your comment until afterwards. HOUSEBKEAKING EPIDEMIC. | Contending that Miji Boys hud opened up the matter in his cross-examination, Mr. Macassey asked Detective Robinson how many offences it was alleged tho Cudbys had committed. Air. Boys said he objected to that form of question, and said ho had not opened up that topic in his crossexamination. His Honour said that tho two men were being tried on five definite charges, and he thought the evidence should be confined to those charges. He added, however, that ho thought Mr. Macassey could ask what had happened to the epidemic of burglaries in Wellington. Detective Robinson said that the epidemic of housebreaking had been approximately between Juno 1 and August 22, the date on which the Cudbys had been arrested. Immediately after the Cudbys' arrest the epidemic of housebreaking ceased. Additional and corroborative evidence was given by Detectives R. H. Waterson, H. I'J. Campin, and N. W. Baylis, and Detective-Sergeant T. Y. 1-la'll. Each said ho had no knowledge of Mrs. Mervyn Cudby having been detained and told that unless her husband pleaded guilty she would bo charged with receiving. His Honour observed that Mrs.. Mervyn Cudby seemed to have been treated pretty well. Joseph McCabe and James Price said they had had betting transactions with Mervyn Cudby, but that his winnings were small.

Senior-Sergeant E. W. Dinnie, of the Criminal Begistratioii Office, in reply to his Honour, said that his opinion about marks found at threo of the houses was that there was no doubt whatever that they were made with the screwdriver1] found in the Cudbys' possession. Moreover, it was definite, in his opinion, which, side of the screwdriver made the particular marks. CASE FOR DEFENCE. The ease for the defence, as outlined by Mr. Boys, briefly was that Arthur did by, having some roofing work to do on 11 house in. Aro Street, borrowed a crowbar from his father. The crowbar was to be returned on the night of the Cudbys' arrest, but it was decided before returning it to go out to Lyall Bay and get some sand and some roofing iron from the tip. When tho two brothers arrived in Freybcrg Street, Lyall Bay, the engine of thencar stopped. Mervyn Cudby set oft' for the Lyall Bay service station, and while he was away Arthur Cudby succeeded in remedying the trouble. He then set out to iind Mervyn, taking with him the crowbar and other implements in case, as Mervyn Cudby was down in that direction, they preferred to go on to tho tip. However, ho met Mervyn much nearer to the car than to the tip. The two men walked back towards the car, and at tho car they were accosted and arrested by tho detectives. It was denied that Mervyn Cudby, as had been stated by the detectives, had said: "We haven't done anything tonight." They had been asked, it was claimed, if they had broken into any houses that night, and Morvyu Cudby's reply had been: "No, we haven't broken into any houses."

In regard to the 5s piece found in Arthur Cudby's house and alleged by tho police to have been stolen from the Eev. Mr. Richards's house, it was claimed by Arthur Cudby that ho had been told that unless ho. was prepared to make the stuteinent that his brother Mervyn had given him the coin his wife would also have to bo taken to the police station. Howover, it was alleged, by Arthur Cudby that after his arrest tho poliea liad endeavoured to have him mako a statement concerning robberies they alleged against him, and that he stalled for time at tho Detective Office becauso of his belief that unless lie made a statement his wife would bo brought into the matter.

In. regard to tho money found in possession of Mrs. Mervyn Cudby and the amount she. and her husband had in tho Post Office- Savings Bank, it -was alleged that when Mervyn Cudby returned from Auckland in September of last yoar he liad £41. Before; he left for Auckland lie had entrusted an envelope to the care of his father, and (■his, which was returned to him. when lie i-iinn.' biK-lc from Am-klnrid, contained

£250. In addition, it was also claimed that at the Wellington Kacing Club's Winter Meeting this year Mr. and Mrs. Cudby had won a considerable sum of money over the three days. QUESTION ABOUT GLOVES. Arthur Cudby was tho first to givo evidence. He said, in reply to his Honour, that it was correct that he was wearing gloves when arrested at Lyall I Gay. Ho had used the gloves on one or two occasions in fixing tho car, and took them with him ou his way to the tip. His Honour: You say you told the. police at your house you got this us coin from a man named Gleazby. Did they ask for his Christian name and occupation?

Cudby: No. Nothing at all. In reply to further questions from his Honour, Cudby said that Gleazby was a real person. His Christian name wns Ernest; ho was a cook and ho Relieved that at the present, time lie was away on the Monotvai.

(Proceeding.)