ALLEGED BURGLARY

Evening Star, Issue 22261, 12 February 1936, Page 12

ALLEGED BURGLARY

GOODS STOLEN FROM WAREHOUSE COMPLICATED CASE IN SUPREME COURT When Thomas John Henry Foote was called upon in the Supreme Court yesterday afternoon for trial on a charge of breaking and entering a warehouse and committing theft therein, he failed to appear. After it had been explained by the Crown Prosecutor (Mr F. B. Adams) that the accused had been reporting daily to the police and that his non-appearance was probably inadvertent rather than wilful, His Honour Mr Justice Kennedy ordered the issue of a bench warrant for the appearance of the accused this morning. The case was called yesterday following the rotirementt of the jury concerned in another charge, but after the accused’s name had been called several times in the corridors of the Supreme Court Building, it was announced that there was no appearance. The Crown Prosecutor said he understood that the accused had been present on the first day of the criminal sessions, as he was required to be, and from that time on at successive stages he had been informed that he would not be required until a certain time. He had been reporting daily to the police, having been at the station at the usual time the previous evening, and had later been informed by the detective in charge of the case that the jurors had been discharged until noon the following day. “He should have _ been herej” said Mr Adams, “ but it is not considered that he has wilfully absented himself, although he was not seen about the courtroom at noon today or since. I think the case is one of inadvertence rather than wilful failure to attend.”

Authority was then given by His Honour for the issue of a bench warrant to assure the attendance of the accused at 10 a.m. to-day. Foote appeared this morning and pleaded not guilty to the charges brought against him as follow:—That on November 21, 1935, he broke and entered the warehouse of Messrs Kempthorne, Prosser, and Company Ltd. and stole 240 bottles of lavender water, 6,000 aspirins, and 4,000 Bland’s pills, of a total value of £2l 8s; and that on November 21 he stole the above goods, the property of Messrs Kempthorne, Prosser and Company Ltd. The accused was not represented by counsel.

The Crown Prosecutor (Mr F. B. Adams) conducted the case for the prosecution. Mr Adams, in opening the case, said there would not be any direct evidence, as no one saw the accused break and enter the premises. It was rare, in fact, to have direct evidence in a case of secrecy such as this, but the absence of any witness who saw the accused in or about the ipremises was immaterial if the evidence satisfied the jury that the accused was guilty of the crime. It might be uncertain if the accused were alone in the matter. Counsel was not aware if the evidence would suggest there was anyone with the accused, but in case the suggestion might bo made it should be stated that, if two persons participated in the crime, each was held responsible for the whole crime. The accused was seen about the premises a few days before the commission of the crime, a small fact which showed some interest on his part in the premises,- coupled with the fact that shortly after the crime was committed he was in possession of some of the stolen goods and disposed of them to a man named Wilkinson. In a statement to the police the accused said he met a man named Reid, who said he had some goods and asked accused if he could place them for him. Accused approached Wilkinson about taking the goods, informing him that he had a friend who wished to place some lavender water, Reid and accused went to Wilkinson’s in a taxi. There was another man asleep in the back of the shop. Reid said he wanted £5 for the goods. Wilkinson handed Reid £l, as that was all the money he had on him, and told Reid to come back again for •the balance. Tire following day ; said accused, he left for Gore and did not return - till December 3. He denied breaking into the place or being concerned in the theft. All he was concerned with was the disposing of the goods to Wilkinson. Reid bought him p few drinks, but he received nothing out of the proceeds of the sale. William B. Seymour, factory manager for Messrs Kempthorne. Prosser, said he locked the warehouse on the night of November 21. He presumed the windows were locked, as they had been shut all day. On arrival next day witness was told the goods were missing. He found that the back door and back gate were open. The wire over a window on the ground floor was cut, and the window was half-open, there being room for a man to get through. On the Sunday night after the theft witness went with the police to Wilkinson’s shop and saw the police take possession of lavender water, aspirins, Bland’s pills, and face cream. Those articles were similar to the goods which had been stolen. The batch numbers had been scratched off the pills and aspirins. The goods were in various parts of Wilkinson’s shop. The articles were taken away in a bag which was missing from the factory. He knew the bag by the shipping number on it. Accused did not cross-examine the witness.

His Honour: Were other articles missing beyond the lavender water, pills, and aspirins? Witness: Not that I know of, sir. In further reply to His Honour, witness said the quantity of goods found at Wilkinson’s shop was much less than was missing from the factory. Charles A. L. Sherlock, engineer employed at Kerapthorne, Prosser’s factory, said he had seen the accused at the place in connection with business over some scrap iron. On the morning of November 22 witness found that a bar used to fasten the back gate was off, and saw the open window back of the premises, the wire netting over the window having been pulled aside to make a hole.

fan M'Callum Morrison, chemist’s assistant, employed at Kempt home, Prosser’s, said he had known the accused for some considerable time. Some years ago he saw the accused at the factory breaking up some scrap iron, and he saw him there several days before the date of the breaking and entering. Accused was going down the lane leading towards the back of the building, and went into the factory yard. William Eric Johnston, head storeman at Kempthorne, Prossers’, said the firm handled Pond’s face cream. He discovered when taking stock that a large carton of six dozen of the cream was missing.

Nagel Reid, a motor driver, said he had known the accused for about 16 years. He met accused one night a few weeks before the end of the year at the corner of Carroll and Princes streets at about 10.30. Tire meeting had not been arranged. Accused approached him and said he wanted to

show him something. He went with accused up Hope street to a lane, where he saw a sack lying there. Foote said he had some “ stuff” in it worth some money, and he wanted to get rid of it. The sack was nearly full. Foote did not say where the “ stuff ” came from. He took a bottle out of his pocket and showed it to witness. Carrying the bag down the street, Foote put it in a sewer. They went into the Rugby Hotel, where Foote used the telephone, and a taxi arrived driven by a man named Lament. While witness talked to the driver, Foote went round the corner and got the “stuff,” which he put in the car. They drove to Manse street, and Foote went into Wilkinson’s. Returning to the taxi, Foote took the bag into the shop. He came out 10 minutes later, and the taxi drove off. Witness got out at Carroll street, Foote remaining in it as it went away. Foote did not say if he had got any money from Wilkinson. Witness had nothing to do with the stealing of the goods. In reply to His Honour witness said he did not go into Wilkinson’s shop with Foote.

Did you go to Wilkinson’s the next night ?—No. Did von meet him the next day?— Yes. Witness added that he met Foote accidentally. Leonard Lament, taxi driver, said he knew the accused. He remembered receiving a ring purporting to come from Jock Simpson at the Rugby Hotel. That was on November 22, at about 9 or 10 o’clock at night. Driving to the hotel, he rang the bell, and asked if someone wanted a taxi. He was told they would not be a minute. Two men appeared, one being the accused and the other a man he now knew to be Reid. The latter got in the car, and Foote appeared with a sack, which he put in the back of the car. Foote directed witness to drive to Manse street. Foote got out of the car and went to Wilkinson’s shop. He returned and tqok the sack with him. Reid remained in the car. Foote came back to the car again and instructed witness to drive to Carroll street. Foote asked them to come for a “ spot.” The three of them went into the hotel, Foote paying for two drinks. They came out of the hotel together, and Reid went away. Witness drove Foote down to the main street and along to the tram sheds, where his passenger left. Nothing was said at any time about the contents or the Michael Wilkinson, an unregistered chemist, said the _ accused called at the shop on Friday night and said something about some goods coming from Australia. Foote, who came in by himself, brought a sack into the shop, and witness thought he gave him a couple of pounds on account. No Erico was agreed upon. He did not now what was in the sack till he saw what had been stolen from Kempthorne Prosser’s. He was going to telephone the firm but did not have a chance, as the police called. He knew there were chemical goods in the sack. He had no idea of the quantity of goods in the sack. The police took away some of the goods on their first visit, but not a quantity that was hidden. Later they collected most of the stolen property. Accused: Was anyone else outside the shop when I went ih? Wilkinson: I have an idea there was someone else there. Detective Gibson was giving evidence when the court adjourned till the afternoon.